Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Compliance Tips from Deferred Prosecution Agreements
In recent years, increasing numbers of large corporations have, in the hope of avoiding a conviction and all the ramifications a conviction entails, entered into Deferred Prosecution Agreements (DPAs) with the Department of Justice (DOJ). Much has been written about the lack of bargaining power companies have in negotiating these deals, and about the onerous nature of some of their terms. In this article, we suggest that companies can use the DPAs entered into by others to their advantage by treating them as guides to assist them in formulating their own compliance programs. Not only should this result in strengthened programs, but should a compliance problem nevertheless arise, having a 'government-issued' program in place could provide a company with a strong argument that it has done the most it can in formulating an effective program and hence should not be subject to prosecution.
Reforms Specific to Industry Sectors
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
The DOJ's Corporate Enforcement Policy: One Year Later
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.