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The U.S. Court of Appeals for the Seventh Circuit decided that NBC didn't breach the employment contract of a producer for the investigative TV series “Dateline” when it fired the producer at the end of a contract cycle. Bartel v. NBC Universal Inc., 07-3913.
Veteran reporter Marsha Bartel had been hired under a four-year contract to produce a “To Catch a Predator” segment in which online predators have been lured to supposed sexual encounters with minors, only to be arrested. The arrest incidents have been filmed and aired on “Dateline.” After Bartel refused to produce the segment on the ground that it violated NBC's ethical guidelines, NBC fired her, citing budget cutbacks. (One “Predator” episode resulted in a pre-trial settlement this year of a $105 million suit against NBC by the family of a Texas prosecutor who committed suicide as he was about to be arrested on camera.)
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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.
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