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US: New plea agreement policy brings uncertainty for antitrust field

By  |  April 22, 2013

A new policy that changes who can be named in corporate plea agreement cases is being welcomed by the defense bar, but some lawyers are unsure of how the change will play out in real-world cases. The change, announced by Assistant Attorney General William Baer earlier this month, means fewer individuals would be named when the DOJ negotiates a plea with a company. Defense lawyers have praised the change, as they have argued that naming the individuals unjustly “tarred” the reputation of those individuals who have been named but not charged. But some lawyers have suggested the policy may complicate plaintiffs’ lawyers looking to take advantage of government investigations, as individuals will not be identified. Additionally, some lawyers speculate that the policy may make it difficult for lawyers of companies not named in the plea agreement but may have been investigated by authorities as part of the same probe.

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