Devaluing The Currency Of Settlements

Law360, New York (July 7, 2015, 12:38 PM EDT) -- The U.S. Department of Justice and the U.S. Securities and Exchange Commission tout cooperation as a way to avoid charges or, at least, to settle on more favorable terms than would otherwise be the case. Although many defense lawyers still need convincing that extensive cooperation produces better resolutions, there are tangible, albeit often insufficient, benefits to currying favor with the government through formal or informal cooperation.

What gets lost in this dialogue, however, is the trend toward the government’s imposition of more punitive sanctions. Now that the Arthur Andersen debacle is a distant memory, financial and other institutions are begrudgingly accepting...

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