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CORPORATE PLEA NEGOTIATIONS AND SENTENCING

This chapter provides a comprehensive update on corporate plea negotiations and sentencing, detailing the latest developments and their implications for corporate defense. It explores the critical roles of defense and government counsel, obligations to disclose information, and the consequences of various corporate actions such as contractor kickbacks and foreign bribery allegations. Key topics include the challenges faced by CEOs, employee resistance, and the intricacies of managing toxic tort claims. Legal practitioners will gain insights into navigating these complex negotiations to protect their clients effectively.

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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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