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The Ethics of Corporate Legal Strategy: A Response to Professor Mayer


  • Daniel T. Ostas B.S., Purdue University; M.B.A., Indiana University School of Business; J.D., Indiana University School of Law; Ph.D. (Business Economics), Indiana University School of Business

    James G. Harlow, Jr. Chair in Business Ethics and Professor of Legal Studies
    1. Michael F. Price College of Business, University of Oklahoma, Norman, Oklahoma
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In this issue of the American Business Law Journal, Professor Don Mayer continues an important conversation regarding the ethics of corporate legal strategy.[1] Addressing several of my published works, Mayer offers two primary criticisms: (1) the works are too sanguine with regard to the appropriate scope of the strategic decision to “breach-and-pay,” and (2) the works offer too little guidance for the well-intentioned corporate executive. In this response, I briefly restate my views, address Mayer's two criticisms, and offer concluding remarks.