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CASE CAPTION: Loretta Jody Miller v. Tom Sizemore; Universal Studios; Universal Network T.V.; Bare Knuckles Production; CBS Entertainment; CBS Drama Development; and Forward Pass Production, L.A. Superior Court # BC323417.
CAUSES OF ACTION: Harassment, discrimination and retaliation in violation of the California Fair Employment and Housing Act; retaliation in violation of public policy; wrongful termination in violation of public policy; negligence and negligent supervision; and intentional infliction of emotional distress.
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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.
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