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No one welcomes the prospect of an internal investigation. Even a relatively narrow and focused investigation can feel like a distraction from day-to-day business. Broader investigations can become complicated exercises requiring investigators (and sometimes outside counsel) to work with multiple departments and stakeholders, struggle to manage disparate workflows, and sift through mountains of data to arrive at the truth.
While complaints to HR alleging discrimination or harassment based on race or gender are among the most common triggers of an internal investigation, other triggers run the gamut. They include whistle-blower complaints alleging compliance violations or corporate fraud, the loss or theft of physical assets, leaked or stolen data containing sensitive or personal information, and leaked or stolen intellectual property.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.