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So long as humans are practicing law, mistakes will happen; but well prepared attorneys are proactive and take the affirmative steps to put themselves in a position to minimize the danger to the client and the case.
Plan in advance to avoid having to send a CYA letter later. It is important to remember the basics and review your practices so that your administrative processes do not lead to potential malpractice claims down the road. Remember to take the time to ensure that you and your administrative staff recognize the potential pitfalls before it is too late. Here are some practical tips.
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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.
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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