Enron case showed the limitations of the underdog defense
In an opinion peace in this online publication for the legal profession, WSU law professor Peter Henning talks about the unsuccessful defense strategy used by Enron officials Kenneth Lay and Jeffrey Skilling. He calls it the "underdog" defense, in which defendants claim that forces outside their control were at work. "Underdog stories are not about defendants who sell millions of dollars worth of stock in their company and then make statements, like Lay did, that 'rules are important, but you should not be a slave to rules either,'" Henning writes. He points out that the defendants and their attorneys tried to cast the government's lawyers as "conspirators seeking scapegoats for the unfortunate collapse of Enron," but the defense tactic didn't work.