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NFL Commissioner Roger Goodell confidently strides to the podium, opens an envelope and intones, “With the number one pick in the 2014 NFL draft, the Houston Texans select ' ” Millions of eyes watched the latest NFL draft to see players picked by different teams and to critique those choices. Truth is, millions of dollars and reputations are at stake in making sound selection decisions.
In this respect, the NFL draft has much in common with selecting defense counsel in medical malpractice cases. Like any NFL franchise, the physician and medical malpractice insurer want to make sure that they make sound “first-round draft picks.” These picks can be successful or they can be a bust. Making bone-headed selections can cost millions of dollars in professional reputations if an attorney ends up mishandling a medical malpractice case.
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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.
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