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Recent Fallout from Corporate Cooperation

By Andrew P. Gaillard
October 28, 2005

Ever since the indictment and demise of Arthur Andersen in 2002, the stakes for businesses under governmental scrutiny could not be higher. The pressure on companies to cooperate and reach agreement with government investigators is no longer simply a matter of “doing the right thing,” but has become a practical necessity for survival. Issues being litigated in two high-profile cases right now — one involving the Enron Task Force's prosecution of Messrs. Lay, Skilling and Causey, and the other involving an investigation by the Connecticut Attorney General's office into corporate governance issues at Mass Mutual — are exposing severe pressure points, and potentially serious breaking points, in the current realm of corporate cooperation.

The Enron Defendants' Motion to Dismiss

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