Beyond Citigroup: A Look At Corporate Settlements

Law360, New York (July 21, 2014, 9:59 AM EDT) -- Over the last few years, federal judges have expressed increasing skepticism of corporate settlements with the federal government.[1] One of the better known examples is the decision by Judge Jed Rakoff of the United States District Court for the Southern District of New York rejecting a proposed consent decree between the U.S. Securities and Exchange Commission and Citigroup Inc. As has been widely publicized, that decision was recently reversed by the Second Circuit with an opinion that could, if read broadly, be viewed as a major endorsement of judicial deference to Executive Branch discretion in resolving corporate cases....

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