Increased Judicial Scrutiny of Deferred Prosecution Agreements

, New York Law Journal

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Anthony S. Barkow, a partner at Jenner & Block, and Matthew D. Cipolla, an associate with the firm, write: While the role of courts in overseeing SEC settlements in which defendants neither admit nor deny wrongdoing will soon be decided by the Second Circuit, the broader question of judicial oversight of settlements of regulatory enforcement actions in the United States remains unanswered. Critically, the question of how - or even whether - judges should scrutinize DPAs is receiving increased attention.

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