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Potentially Chilling PA Attorney Sanction Will Not Be Reinstated
Pennsylvania's Supreme Court has declined to hear a case after an intermediate appeals court reversed a nearly $1 million sanction order against an attorney who allegedly elicited from a witness an improper reference to an off-limits subject. The Dec. 5, 2016, decision in Sutch v. Roxborough Memorial Hospital was undoubtedly good news to Pennsylvania's lawyers, who might rightly have feared that they could be next.
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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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