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Warren Buffet once said, “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently.”
Buffet's observation is more true today than ever before. There was a time when law firms could control what was said about them in the media through careful and controlled spin. No more. Today, whether they like it or not, law firms are operating in an increasingly connected and conversational Web environment. Sources of information about a firm and its attorneys are no longer limited to the firm's Web site or firm-issued press releases. Instead, casual dialogue or references on social networks, blogs, directories, job boards and other Web sites all contribute to the reputation of a firm in the legal marketplace. In just a few hours, a single negative, biting reference about a firm on a single, well-trafficked blog can easily mushroom through viral marketing into widespread hostility or ridicule across the Internet.
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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.
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.
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