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I have been following legal publications and websites of late and it appears that the annual "Run for the Bonuses" is over and ATL has deactivated its hotline/extortion line until December. So the focus of associate interest has turned to a firm's Return to Office (RTO) policy.
My random survey of more than 25 AmLaw firms revealed no emerging consensus on how many days is appropriate for associates to be in the office. There are a number of firms that require five days a week while some still have an open "work from home" whenever (including full-time) ethos. Many firms have settled on a three day in the office policy (Tuesday to Thursday predominantly) but with sparse checking to guarantee policy adherence.
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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.