Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The DOJ's Corporate Enforcement Policy: One Year Later
Prosecutors have wide enforcement discretion. But increasingly, rather than waiting for misconduct to be investigated and prosecuted, the Department of Justice (DOJ) is outsourcing its investigative function and encouraging businesses to report suspected criminal activity early in exchange for certain benefits if they do so.
This month marks one year since the DOJ released its revised Corporate Enforcement Policy (CEP) and we thought we would examine the record to date.
At the core of DOJ's revised CEP is expanded eligibility for a "declination" — the Holy Grail to the defense lawyer. A declination is a decision not to prosecute. The revised CEP is meant to invigorate the tepid response to existing incentives and benefits for self-reporting. The revised policy broadens eligibility, clarifies, and enhances the benefits to those who self-report. Importantly, the revised CEP does not put the possibility of a declination beyond reach even in circumstances where there is management involvement in the offending conduct, cases of repeat conduct, and other instances that were previously disqualifiers to a declination.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Compliance and Third-Party Risk Management
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.