Bradley attorney Bart Kempf was quoted in Compliance Week on a new policy from the Department of Justice that would limit settlement relief options for corporate defendants. U.S. Attorney General Jeff Sessions issued the change in an attempt to stop settlement funds from bankrolling third-party special interest groups or political “slush funds.”
Many defense attorneys argue, however, that alternative forms of relief—strictly governed by existing federal agency policies—offer companies more flexibility in crafting settlements. Rather than having to put money toward the Treasury Department, companies have long had the option to put those funds, instead, toward on-the-ground efforts that benefit the community or the environment, which at the same time can help foster positive public relation efforts and reduce the optics of reputational damage.
Many corporate defendants are agreeable to third-party payments in settlement negotiations, because they are “a useful tool in getting all parties on the same page,” explained Kempf.
The complete article, New DoJ policy limits settlement relief options, appeared in Compliance Week on June 27, 2017. (login required)