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COVID-19 has already generated changes to the way law firms and legal departments engage with remote working platforms and e-billing and spend management tools. See, "Cash Crunch: COVID-19 Is Changing How Legal Uses E-billing Tech," Legaltech News.
But not even the economic downturn imposed by the virus may be able to take credit for eliminating the billable hour. While attorneys could be relying more on legal tech to help defray costs, transitioning to a new pricing infrastructure in the midst of so much uncertainty could prove to be a bridge too far.
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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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