Client Alert

Department of Justice Revises Its Policy for Criminally Charging Corporations As Appeals Court Criticizes Prior Practices

September 04, 2008

E. Lawrence Barcella, Jr., Kirby D. Behre, Kenneth M. Breen, and Thomas A. Zaccaro

Last week, the Department of Justice (DOJ) retreated significantly from several of its most controversial practices in pursuing criminal cases against corporations and their employees as the Court of Appeals for the Second Circuit issued a rebuke of prior DOJ practices in this area.

The DOJ revised its corporate charging guidelines in several significant areas: waiver of privileges, advancing and indemnifying legal fees for employees, and operating under joint defense agreements.

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