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The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine Image

The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine

Preston Burton, Bree Murphy & Leslie Meredith

Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?

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