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Some firms were convinced as a result of 9/11 that such a patchwork of miscellaneous point solutions was inadequate. For other firms, Hurri-cane Katrina should drive that point home. While we can't expect disaster plans to protect our firms from all possible risks, we should expand our planning perspective to include more catastrophic scenarios.
One approach would review each practice area within the firm separately and ask: How long can we afford to be “out of business”? Plans should then be created to address the need of each practice area in accord with its particular assessment of risks. Different practice areas will produce different scenarios.
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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.
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