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The Revised Manual for Federal Prosecutors

A Pragmatic Approach to Being Tough on Crime – Including White Collar Crime - The U.S. Department of Justice (“DOJ”) recently released a comprehensive update and review of the United States Attorneys’ Manual, now called...more

DOJ’s Recent Guidance on Compliance Programs

In assessing potential sanctions against corporations, prosecutors must decide whether and how to exercise their discretion when evaluating penalties to impose upon a company whose employees engaged in wrongdoing despite the...more

Upping the Ante: DOJ Prosecuting OSHA Cases as Environmental Crimes

In December of 2015 the Department of Justice (“DOJ”)and the Department of Labor jointly announced an expansion of the “Worker Endangerment Initiative” to address violations of worker safety and environmental laws. In...more

An Air of Change in CERCLA Liability? Pakootas v. Teck Cominco and CERCLA’s Federal Permit Shield

A case recently argued before the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., 9th Cir., No. 15-35228, could pave the way for a new theory of liability for parties who release air emissions during the course of...more

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