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September first is the unofficial end of summer, the beginning of a new school year in many parts of the United States, and for me, it marked the death of an old friend and client. My client was only 45 years old, in good financial health (2022 was its best year ever) and had a strong partnership, with several future leaders developing among junior partners.
The client had no debt, a favorable rent in a convenient midtown Manhattan building, and a strong reputation in its two main practice areas of real estate and litigation. I had worked with the firm for more than 10 years on a number of engagements.
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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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Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.