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New DOJ Policies Favor Corporate Defendants

On February 8, 2018, Complex Litigation Practice Group Leader Jacques Smith was quoted in an article by Compliance Week titled, “New DOJ Policies Favor Corporate Defendants,” following a recent legal alert that the Arent Fox FCA team, which included Jacques, Randall Brater, and Michael Dearington, wrote, “Is DOJ Changing Its Approach to Enforcement? What Regulated Entities Need to Know.”

The article discusses the three recently released memoranda from the Department of Justice that aims to limit the scope and pursuit of False Claims Act cases and the aggressive legal theories that prosecutors currently use.

Referring to the memo issued by Attorney General Jeff Sessions in November 2017 and the memo by then-Associate Attorney General Rachel Brand on January 25, 2018, Jacques stated, “The Trump agenda of trying to streamline regulation is taking place, and you can really see that through the Brand memo, as well as the Sessions memo.” Jacques added that, “the fact that you’re seeing the inner workings and thought process of the Department of Justice is very telling,” with respect to the Granston policy memo leaked on January 10, 2018.

To read the full article, click here.


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