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Contracts Litigation White Collar Crime

Considerations When Entering Into a Tolling Agreement

Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject’s best interest presents a difficult question, and COVID-19 has impacted the calculus.

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Statutes of limitations are an important check on prosecutorial power. Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue.

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