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Secretary of the Department of Homeland Security (“DHS”) Michael Chertoff told the U.S. Chamber of Commerce that the DHS is seeking to shield more anti-terror research companies from product liability suits. Since January 2005, the DHS has overcome its reluctance to limit product liability for many research and development companies that manufacture anti-terror technology. There is still, however, debate over liability protections afforded by legislation to shield manufacturers of bioterrorism vaccines.
To find out how to apply for protection under the Homeland Security Act, visit www.safetyact.gov. The site explains the purpose of the Act and how to take advantage of the protection it provides to those who qualify.
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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.
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.
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