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Going public is like standing in front of an X-Ray machine forever. You are completely exposed. Everything about the business is in the public domain and in front of the competition. ' Anonymous CEO
In 2006, high investor confidence fueled a worldwide market for Initial Public Offerings ('IPO' or 'IPOs'). The amount of capital raised worldwide by companies going public rose to a record U.S. $246 billion. The number of new listings also rose sharply to 1729, which is the highest number in a calendar year since 2000. Moreover, Global IPOs in the first quarter of 2007 raised U.S. $36.5 billion through 371 IPOs. Globally, such numbers reflect that a wide diversity of companies are going public.
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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.
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.
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.
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This article explores legal developments over the past year that may impact compliance officer personal liability.