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Changing the Game

By Joseph F. Savage Jr. and David McCrary

Last month, we looked at the recent case of Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), where the Supreme Court endorsed ' and defined ' the concept of “willful blindness” for the first time. There, the Court explained that legal culpability could be shown through a defendant's “willful blindness” to wrongdoing only if he or she: 1) “subjectively believe[d] that there is a high probability that a fact exists”; and 2) “t[ook] deliberate actions to avoid learning of that fact.” 131 S. Ct. 2060, 2070 (2011). The Court's “clarification” of this doctrine, although given in the context of a civil patent dispute, promises to have immediate effects on criminal prosecutions, both for individual and corporate defendants.

Willful Blindness After Global-Tech

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