[Fej]

The difference, obviously, is that it's not literal. In a corporate death penalty, no one is dying, everyone can bounce back and have a second chance (or third, or fourth, etc.) at success. With a real death, that's it. The end of consciousness.

I'm sorry, but I find the comparison ludicrous, despite the name.

[fmueller]

The employees most likely will recover but the company won't. So there is no bouncing back for the company, it's not getting a second chance if it's discovered that a mistake has been made. So in my opinion the comparison can be made.

[TheCoelacanth]

A company is a legal fiction; not an actual person.