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Economists are increasingly gravitating to the concept of a "K-shaped" recovery following the steep plunge of the early days of the coronavirus crisis. With a slight tweak, that "K" may well serve as a useful depiction of law firm profitability in 2020: just add a horizontal third line at the center.
Six months after the arrival of COVID-19 in the United States forced the shutdown of wide parts of the economy, it's become apparent that the law firm world, as a whole, has managed to avoid the worst of the pain. Firms' operations have largely been unhindered by the abrupt shift toward remote work, and while demand has dipped, it hasn't cratered (see, https://bit.ly/2FJIbUx). In a growing number of firms, austerity measures have proved to be temporary, as staff, associates and partners alike are seeing compensation restored.
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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.