Managing Parallel Criminal and Civil Environmental Enforcement Actions in Light of New DOJ Policy

Coordination of Corporate Resolution Penalties; State and Federal Investigations; Due Process; Double Jeopardy

A live 90-minute CLE webinar with interactive Q&A


Thursday, March 28, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 8, 2019

or call 1-800-926-7926

This CLE webinar will guide environmental counsel involved in representing clients in simultaneous or successive investigations by criminal, civil, administrative or legislative authorities arising out of the same set of overlapping facts. The panel will offer best practices for dealing with concurrent actions and provide insights on cost-effectively formulating a successful defense strategy and minimizing client exposure.

Description

From a single major industrial accident to a client's history of relatively minor repeated administrative or civil violations, certain situations can drastically increase the risk of parallel proceedings. Most state and federal environmental protection statutes provide for both criminal and civil enforcement, increasing the potential for violations of environmental law.

And while most state and federal agencies have policies providing for the orderly succession of investigations--such as the DOJ's new policy on coordination of corporate resolution penalties--coinciding criminal, civil and administrative actions still often occur. This is especially true where government officials believe that alleged violations merit the deterrent and retributive effects of criminal enforcement, yet civil or administrative action is also necessary to obtain an appropriate remedial result.

In addition, there may be related civil litigation over the same issues such as shareholder products liability, toxic torts suits by both state and local governments, and private individuals.

Federal case law holds it is not improper to bring such parallel actions, so long as each proceeding has a legitimate independent purpose and one proceeding is not pretext to further another.

Coordination among government agencies is increasing, with a focus on parallel investigations intended to maximize the government's financial recoveries and successful prosecutions. Because of the unique exposures for clients at risk of parallel environmental proceedings, counsel should be fully prepared to navigate them strategically on behalf of clients by understanding the unique challenges they pose and the balancing acts they involve.

Listen as our authoritative panel of environmental attorneys discusses strategies for effectively managing and defending parallel or successive environmental actions and provides insights into successfully formulating defense strategies that can significantly minimize client exposure.

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Outline

  1. Recent parallel enforcement actions and related civil litigation
    1. Federal
    2. State
  2. Double jeopardy and collateral estoppel
  3. Best practices for managing parallel proceedings
  4. Fifth Amendment due process considerations
  5. Weighing options
  6. Additional tips and considerations

Benefits

The panel will review these and other relevant issues:

  • What are the most effective tools for defending parallel proceedings?
  • What factors inform the strategic choices when defending a client faced with coinciding actions or investigations?
  • How can counsel best ensure that information revealed in a criminal proceeding does not adversely impact a civil proceeding or vice versa?

Faculty

Buente, David
David T. Buente, Jr.

Partner
Sidley Austin

Mr. Buente is co-leader of the Firm’s Environmental group and represents clients in complex environmental...  |  Read More

Additional faculty
to be announced.

Live Webinar

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Live Webinar

$247

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Live Webinar & Download

$344

Live Webinar & DVD

$344 + $9.45 S&H

Other Formats
— Anytime, Anywhere

Includes Early Discount Savings of $50 (through 03/08/19)

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $9.45 S&H