On May 8, 2009, W.R. Grace & Co. and three of the chemical company's former executives were acquitted of all charges in the largest, most aggressive environmental prosecution ever mounted by the US Department of Justice and the Environmental Protection Agency. This high-profile case was an example of a "cause" prosecution brought to right a perceived public wrong - the alleged asbestos contamination of a Montana town due to a long-shuttered mining operation. In the midst of the current financial meltdown, companies and individuals face a risk of similar cause prosecutions as prosecutors attempt to gain a measure of public retribution for the loss of shareholders' equity or taxpayers' investments. Already, we have seen the (unsuccessful) prosecution of two former employees of defunct investment bank Bear Stearns, and more may be on the way.

Mayer Brown partner David Krakoff, a former US Attorney in the US Attorney's Office for the District of Columbia and co-leader of Mayer Brown's global litigation practice, and associate Lauren Randell successfully represented one of the former W.R. Grace executives in this high-profile case. Please join them as they discuss and provide insight on how the Grace case is instructive for defending any cause prosecution. Topics to be covered include:

  • How "cause" prosecutions may impact the financial industry
  • Unique risks and challenges involved in cause prosecutions
  • Pretrial strategies to position the defense to succeed at trial
  • Deflecting intense negative media scrutiny
  • How the defense in Grace won over the jury

Read the recent article written by David Krakoff and Lauren Randell on the lessons learned from the W.R. Grace trial. The article appeared in The American Lawyer Litigation Supplement on November 1, 2009.

David S. Krakoff
Lauren R. Randell

Wednesday, December 16, 2009
11:30 a.m. - 12:30 p.m. EST
10:30 a.m. - 11:30 a.m. CST
8:30 a.m. - 9:30 a.m. PST

CLE credit is pending.

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For additional information, please contact Jean Shim at +1 202 263 3885 or jshim@mayerbrown.com.

Learn more about Mayer Brown's White Collar Defense & Compliance and Global Financial Markets Initiative groups.