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Every in-house counsel with responsibility for government investigations and enforcement matters knows that an indictment is a ­company's worst outcome — and nightmare. Yes, there may be an occasional case when the only way to properly defend a company's institutional interests is to risk indictment and fight to the death at trial. But those instances are, in reality, extremely rare, even though as advocates we may wish for the opportunity to challenge the government's evidence and rebut allegations in an adversarial court proceeding.
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