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The best way to create a successful business process is to start by identifying the people who are key to both creating and managing that process, and then bringing those people together to do just that. This is especially true when it comes to critical business processes such as disaster recovery, business continuity, data breach detection and response — all events for which organizations routinely form teams and create action plans to address.
Yet, even though legal events are often as unavoidable an eventuality as those mentioned above, and at least as disruptive as any of those events, most organizations fail to prepare and plan for legal events until the organization is knee-deep in the event and scrambling to react. That remains true, even though in many businesses today it is not if, but when, corporate counsel will need to guide the organization through a legal event. Organizations are well advised to think about and prepare for legal events in advance, and to take an approach similar to that used to address other processes.
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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.