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Law firm training programs are being squeezed by the return of an old problem to the new workplace ' the generation gap. Americans today “are just as likely now as they were during the turbulent 1960s to say there is a generation gap between young and old.” The Pew Research Center's February 2010 “Millennials ' A Portrait of Generation Next.” This generational chasm is forcefully felt when it comes to developing partner-approved, associate-desired training.
On the one side of the generational divide are the purse-string-holding, firm-controlling baby boomers who embrace 1970s-era top-down methods of legal training. On the other side are today's consumers of that training ' techno-savvy millennial lawyers who demand collaborative learning and resist forced injections of information. Caught in the middle are the people responsible for the programming.
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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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