Trends in and Nuances of Negotiating NPAs, DPAs and Declinations

For those fortunate entities for whom a government investigation ends neither with a guilty plea nor a trial, the resolution they achieve tends to involve a non-prosecution agreement, a deferred prosecution agreement or a declination. But which of the three should an organization accused of a corruption problem aim for? And which is it likely to get? In a recent webinar, Gibson Dunn attorneys F. Joseph Warin, Stephanie Brooker, Richard Grime, Patrick Stokes and Courtney Brown discussed resolution metrics, emerging trends and best practices for negotiating various elements of a resolution. See our two-part series with insights on negotiating with the DOJ: “How the Process Has Changed” (Jun. 24, 2020) and “The Filip Factors and Compliance Presentations” (Aug. 5, 2020).

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