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Arlo Devlin-Brown, Esq. Assistant United States Attorney Southern District of New York. Stevan Bunnell , Esq. O’Melveny & Myers, LLP Washington, DC. Moderator: Jeff Ifrah , Esq. Ifrah Law, PLLC Washington, DC. CORPORATE PLEA NEGOTIATIONS AND SENTENCING. 2011 Chapter 8 Updates.

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corporate plea negotiations and sentencing
ArloDevlin-Brown, Esq.

Assistant United States Attorney

Southern District of New York

StevanBunnell, Esq. O’Melveny & Myers, LLP

Washington, DC

Moderator: Jeff Ifrah, Esq.

Ifrah Law, PLLC

Washington, DC

CORPORATE PLEA NEGOTIATIONS AND SENTENCING

2011 chapter 8 updates
2011 Chapter 8 Updates
  • What’s new
  • What’s out
  • Impact on Corporate Plea Negotiations
corporate defense today
Corporate Defense Today
  • Defense Counsel Role
  • Government Counsel View
  • Obligation to disclose/consequences
1 contractor kickback options
1. Contractor Kickback - Options
  • CEO of Public Company
  • CEO of Private Company
  • CEO counsel?
  • Disclosure concerns?
2 bribery sec doj actions
2. Bribery: SEC & DOJ Actions
  • Extent of waiver
  • Incriminating disclosure obligations
  • Balancing cooperation & pushback
  • Can DOJ and SEC share data?
3 the ceo the toxic tort
3. The CEO & The Toxic Tort

Consolidated Smelting

Master Metals

3 ceo toxic tort choices
3. CEO & Toxic Tort: Choices
  • Intentional tort?
  • Indemnification of legal fees?
  • CEO Termination?
4 employee resistance1
4. Employee Resistance
  • Corporate Response
  • Government Response
  • Government analysis of terminations
4b material misrepresentations by employees
4B. Material Misrepresentations By Employees
  • Disclosure requirements?
  • Corporate Liability
  • Personal Liability
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