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Social media is becoming an increasingly large presence around the world. Facebook, arguably the most popular form of social media, has over 900 million active users. Close to 60% of Facebook's users log into the site daily. It has more than 70 languages available on the site, and approximately 80% of active users are outside the United States and Canada. (www.facebook.com/press/info.php?statistics.)
China has over 310 million users on its most popular social media network, Tencent Weibo, and many millions more on other networks. (See, “Total Weibo Users: Sina vs. Tencent,” China Internet Watch Web Blog, http://bit.ly/UDCS9L.) LinkedIn has 161 million members in over 200 countries and territories, with 60% of members located outside of the United States. (http://press.linkedin.com/about). With so many users, social networking sites are now part of everyday life, including in the workplace. The use of social media can have an impact on nearly every aspect of the employment life cycle, particularly recruitment and hiring, discipline, privacy rights, and termination.
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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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