In the last week of August, the DOJ issued a memo authored by Deputy Attorney General Mark R. Filip that replaces the McNulty Memo as the DOJ's corporate charging guidelines. The Filip Memo reconsiders corporate cooperation credit in the areas of privilege waiver, employee indemnification, joint defense agreements, and employee discipline and termination. Attorneys Mark J. Stein and Joshua A. Levine examine the changes implemented by the memo and the criticism already emerging.
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The Filip Memorandum: Does It Go Far Enough?
New York Law Journal
September 11, 2008
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