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When energy giant Enron crumbled in 2001, evaporating
the life savings of thousands of investors and employees, it was
clear that heads would roll. Not just Ken Lay and Jeffrey Skilling
paid the price: Congress first threw a yolk over the entire corporate
world with the far-reaching Sarbanes-Oxley Act, which established
new standards for governance of public companies. But according
to Penn Law Professor Michael Wachter, the true culprit was not
corporate malfeasance so much as a corpulent market.
“Sure, there were nasty capitalists who wanted to make a
lot of money, but I think that what made it a perfect storm was
the great market bubble of 2000,” Wachter said at the annual
alumni reunion’s Classes Without Quizzes CLE Panel Discussion
last May. “In American history, we regularly have periods
of great economic growth, excesses build up and get overheated,
and I think that’s what we’re looking at here.”