Skip to content


Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

The New Mens Rea: Guilt By Association

On his D&O Diary, Kevin LaCroix always hits the ball straight and long.

But for our money, his post yesterday, Liability Without Culpability: A Deeply Troublesome Trend, was one of his best shots ever.

He started from this week’s Wall Street Journal article about Congress’ enactment of numerous new laws imposing criminal liability regardless of intent. Then he moved on to examine what strict liability means to officers and directors not involved in the criminal conduct ‘and of which they were not even aware.’

It’s a troubling trend, LaCroix says, and is ‘inconsistent with some of the most basic assumptions of a well-ordered society governed by law.’

Hear, hear.

Share this post


Comments are closed for this article!