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Climate Change: Why It Matters for Your Business
Climate change? Sustainable development? Greenhouse gases? Global warming? Traditionally, these concepts conjured up tree hugger-led environmental activists' warnings of the Earth's doom resulting from industrial fallout and natural resource use and misuse. Today, these hotly debated, frequently misunderstood scientific theories more often are the subject of critical analysis in corporate boardrooms, among business management and between leading U.S. CEOs. Despite some conflicting reports on the true effects of greenhouse gas emissions and other industrial-related impacts, all agree that the Earth's climate is warmer and continues to heat up annually. No consensus exists as to what can or should be done, how it shall be accomplished or by whom.
Consumers and investors alike increasingly look to U.S. businesses to take on these environmental challenges and to determine how best to address them. An ever-growing share of consumers and investors favor socially responsible, green companies and impose these political views through selective spending and investment in like-minded businesses. The difficult task for every company's general counsel is to understand the regulatory and political aspects of climate change, to ascertain their footprint on impacting the environment and to develop effective green strategies to minimize these adverse impacts. More important, companies must determine how to accomplish these objectives in a politically correct, socially responsible manner acceptable to consumers, investors and the eco-organizations that guide them. General counsel will be called upon to ensure that these objectives are accomplished in a legally sound, cost effective manner consistent with corporate philosophy, industry expectations and shareholder demands.
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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
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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.