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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.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.