Did Tommy Hilfiger Corp. get special treatment when it negotiated a nonprosecution agreement with the U.S. Department of Justice last summer? The question has come to light in recent weeks as the now-private company defends itself against a class action shareholders’ suit.

Typically, when the government completes a deferred or nonprosecution agreement, it makes the deal public. The Manhattan U.S. Attorney’s Office departed from this practice with Hilfiger, however.