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Two companies have the same legal need. Both companies end up speaking to the same lawyer, although they came to that lawyer through two different paths. In the first situation, the company searches for the lawyer to solve its problem. It does an Internet search, finds the lawyer and retains her almost immediately to solve the problem.
In the second situation, the lawyer seeks out the company that has the problem that she can solve. She speaks to her connections and referral sources, gets an introduction to the company, secures a meeting and makes a very well-received presentation to the company's decision maker.
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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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This article explores legal developments over the past year that may impact compliance officer personal liability.