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Climate Change: Issues for Policyholders
In a ruling characterized as 'one of its most important environmental decisions in years' and a 'strong rebuke to the Bush Administration,' the U.S. Supreme Court held recently that the U.S. Environmental Protection Agency has authority to regulate emissions of greenhouse gases ('GHG') that contribute to climate change. Linda Greenhouse, Justices Say E.P.A. Has Power to Act on Harmful Gases, New York Times, Apr. 3, 2007 (discussing Massachusetts v. Environmental Protection Agency, No. 05-1120 (U.S. Apr. 2, 2007)). The Supreme Court's ruling in Massachusetts v. EPA could trigger long-anticipated regulation of GHG emissions in the United States, dramatically changing the regulatory environment in which U.S. businesses operate.
The ruling follows a year in which climate change, also referred to as global warming, has figured prominently in the news. In January, 10 major companies called for caps on GHG emissions. Jeffrey Ball, In Climate Controversy, Industry Cedes Ground ' Support Grows for Caps on CO2 Emissions; Big Oil Battles Detroit,' The Wall Street Journal (Jan. 23, 2007), at A1. One month later, former Vice President Al Gore won an Academy Award for his climate change documentary 'An Inconvenient Truth.' According to the The Wall Street Journal, the climate change debate 'is shifting from science to economics,' and '[t]he biggest question going forward no longer is whether fossil-fuel emissions should be curbed. It's who will foot the bill for the cleanup … ' Id.
The DOJ's Corporate Enforcement Policy: One Year Later
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.
Use of Deferred Prosecution Agreements In White Collar 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.
How AI Has Affected PR
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 DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.