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CORPORATE PLEA NEGOTIATIONS AND SENTENCING

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

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  1. 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

  2. 2011 Chapter 8 Updates • What’s new • What’s out • Impact on Corporate Plea Negotiations

  3. Corporate Defense Today • Defense Counsel Role • Government Counsel View • Obligation to disclose/consequences

  4. 1. Contractor Kickback

  5. 1. Contractor Kickback - Options • CEO of Public Company • CEO of Private Company • CEO counsel? • Disclosure concerns?

  6. 2. Foreign Bribery Allegations

  7. 2. Bribery: SEC & DOJ Actions • Extent of waiver • Incriminating disclosure obligations • Balancing cooperation & pushback • Can DOJ and SEC share data?

  8. 3. The CEO & The Toxic Tort Consolidated Smelting Master Metals

  9. 3. CEO & Toxic Tort: Choices • Intentional tort? • Indemnification of legal fees? • CEO Termination?

  10. 4. Employee Resistance

  11. 4. Employee Resistance • Corporate Response • Government Response • Government analysis of terminations

  12. 4B. Material Misrepresentations By Employees • Disclosure requirements? • Corporate Liability • Personal Liability

  13. Questions?

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