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For a class of older television writers suing studios, networks and talent agencies for age discrimination, a $70 million settlement reached in 2010 was a happy ending. For the writers' lawyers, though, it was only the opening act in a story line that might seem clich' to some of their clients ' a fight over money.
In June 2012, the District of Columbia Court of Appeals hears arguments on whether an arbitrator hired to divvy up the more than $23 million awarded in fees to class counsel exceeded his authority. Courts are historically loath to undo arbitration awards, but the case offers a behind-the-scenes look at a fee fight that attorneys had hoped to keep under wraps.
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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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