Tag Archives: white-collar criminal litigation

New DOJ Guidance on Corporate Compliance Monitors Is More Business-Friendly

On October 11, 2018, Assistant Attorney General for the Criminal Division of the U. S. Department of Justice (DOJ) Brian A. Benczkowski issued new guidance on the selection of corporate compliance monitors in Criminal Division matters. The Benczkowski Memorandum signals a shift toward a more business-friendly approach to the imposition and use of monitors by the DOJ. Among other new provisions, the guidance directs prosecutors to weigh the potential benefits of a monitor against the costs and burdens on the company, and to consider whether the company’s existing compliance program and controls obviate the need for a monitor.

Read the full Alert on the Duane Morris LLP website.

Supreme Court of N.J. Issues Two Significant Search and Seizure Opinions

Partner Eric R. Breslin, in Newark, discusses the uptick in the Fourth Amendment search and seizure and ancillary privacy litigation in the last few years in the New Jersey courts. In just April and May 2015, the state Supreme Court issued two significant opinions that would impact both the Fourth Amendment and proper admission into evidence of monitored telephone calls from State of New Jersey v. Ricky Wright and State of New Jersey v. Kingkamau Nantambu. Even through a quick look at the court’s docket for the upcoming term has shown even more decisions coming.

To read the full text of the article, please visit the Duane Morris website.