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As companies consider where to locate their office headquarters, manufacturing plants, data centers or other support functions, it is also important to determine not only which location provides the most competitive labor talent, minimizes distribution costs and provides the lowest real estate costs, but also where the company has the opportunity to capture the best package of incentives.
While incentives should never be the main driver in site selection, they can make a huge difference in the overall costs for a given project. Incentives typically are tax-oriented, and in some cases, when the investment is substantial, the state selected for a facility can completely change the company's tax position. It is, therefore, imperative that your adviser has both real estate and tax expertise in navigating through each prospective state's tax statutes. Using an adviser with no prior experience can be like maneuvering the Titanic through the ice fields.
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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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