The Decline and Fall of the Due Diligence Defence?
Abstract
Over the last two decades, enforcement activity has increased in the realm of environmental and comparable regulatory schemes. This article discusses due diligence as a defence against these prosecutions and its increasing importance for energy companies. It begins with a survey of jurisprudence applying this defence, its public policy origins, and concerns that the defence has been eroding over time. The article then considers the role of the defence going forward and provides practical advice for organizations to better mitigate risks.
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