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In Open Water, one of last year's most successful independent films, two experienced divers are abandoned by the crew of a dive ship in shark-infested waters. They struggle throughout the film to keep their wits about them. Neither makes it out alive.
These days, the environment seems no less hostile for in-house and outside counsel. Facing employees who often lie, managers who increasingly view them with suspicion, a landslide of new rules and regulations, an ever-increasing pressure to cut budgetary corners, and prosecutors and regulators who expect endless self-flagellation, some lawyers have ended up in the belly of the beast.
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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.
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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.