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Most companies under criminal investigation by the Antitrust Division, U.S. Department of Justice (DOJ), eventually resolve their liability with the government short of going to trial, either by entering into a corporate leniency agreement or, more commonly, by pleading guilty to criminal antitrust charges under a corporate plea agreement. Foremost on the minds of corporate counsel when negotiating these agreements is ensuring that the company pays no criminal fine under leniency or as small a fine as possible under a plea agreement. But it is often equally important for the company to maximize the number of its employees covered by the corporate disposition, thereby eliminating the possibility that those employees will be individually prosecuted.
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Sorting Through the Trump Financial Documents: How Prosecutors Will Search for Clues
By Nicholas Gaffney
A Q&A with Bobby Malhotra, Munger, Tolles & Olson LLP, Los Angeles
Best Practices for Investigations In Remote Environments
By Colin Jennings, David Meadows, Nicole Wells and John Winkler
The landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging…
Attorney Competence In Technology Is In the Spotlight. Are You Competent?
By Tomas Suros
A summary of the key technology principles addressed in Formal Opinion 498, in which the ABA revised Model Rule 1.1 addresses virtual work environments and practices.
Use of Deferred Prosecution Agreements In White Collar Investigations
By Elkan Abramowitz and Jonathan S. Sack
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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