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In today's society, copying is ubiquitous. But from the Code of Hammurabi forward, copying has a long and proud history. Before the advent of the printing press, monks would devote their lives to copying manuscripts. Outside abbeys and cloisters, lawyers would copy texts to memorize and share them. Even today, highlighting and copying content to represent it ' in education and in research as in law ' is a valuable and perhaps unavoidable method of learning, sharing, and persuading.
But in today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Content farms cycle news endlessly ' sometimes with items even being automatically generated by specially designed computer software. And it goes without saying how much Hollywood loves a recycled idea.
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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.
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.
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 explores legal developments over the past year that may impact compliance officer personal liability.
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