Monitoring The Monitors

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Law360, New York (October 22, 2010) -- The scenario has become all too familiar over the past few years: a large, often multinational corporation agrees to enter into either a nonprosecution agreement (NPA) or a deferred prosecution agreement (DPA) with the U.S. Department of Jusice or a local U.S. attorney's office. One of the terms of the agreement mandates the appointment of a corporate monitor for the duration of the NPA or the DPA. Then the question arises - Who will be selected as the monitor?

This question stirred debate three year ago when former Attorney General John Ashcroft was selected by then U.S. Attorney Chris Christie in the District of New Jersey (Christie is now the governor of New Jersey) for a monitorship involving a hip and knee replacement implant manufacturer.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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