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Nothing has dominated the news over the last four-plus months like the COVID-19 pandemic, and understandably so. For the legal industry, the crisis has created realities, challenges and even opportunities that some law firms have addressed head-on in rising to the occasion, while others have shied away due to lack of resolve, lack of focus, logistical realities complicated by the crisis, purposeful determination to shift focus or some combination thereof.
One of the key goals and purposes of legal public relations — during the best of times and certainly during a crisis — is to place positive news for a firm in news stories. Advertising may be curtailed during a crisis like COVID-19, since marketing dollars are some of the first to be cut, and creative boasting about capabilities or successes is not a good look for a brand in such times. As dictated by a rare crisis like COVID-19 that shuts down face-to-face encounters, in-person marketing strategies and initiatives have also been mostly off the table, and it has taken some time for virtual replacements to breathe and find their footing.
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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.