• One National Standard: The U.S. Department of Justice’s (DOJ’s) Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) creates a national policy for how the DOJ may award companies cooperation credit for the voluntary self-disclosure of corporate misconduct in the criminal context.
• A 120-Day Clock: The CEP gives a company 120 days to self-report after a whistleblower’s internal complaint, signaling that the DOJ may treat anything past roughly four months as untimely—far less time than most internal investigations take to finish.
• Disclosure as a Business Decision: A company’s decision to self-disclose misconduct is no longer just a legal judgment call but a business-critical risk decision that can have real financial and reputational consequences.

In this episode of Speaking of Litigation^®, Epstein Becker Green attorneys Zachary S. Taylor, Melissa L. Jampol, and Elena M. Quattrone break down the DOJ’s new CEP and what it means for how quickly companies must investigate, escalate, and decide whether to self-disclose potential misconduct.

Key Takeaways

• Early Action Is Everything: Whether you're owed money or need a supplier to survive, proactive conversations with legal and financial advisors dramatically expand your options before problems become crises.
• Know Your Toolkit: From security interests and guarantees to debtor-in-possession financing and critical vendor programs, knowing which tools apply and when depends entirely on whether a distressed party is pre-bankruptcy or already in a proceeding.
• Legal Strategy Can Only Take You So Far: Deciding whether to keep doing business, renegotiate terms, extend credit, or walk away entirely comes down to business judgment and open communication with your counterparty—no legal strategy can replace either.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Ryan Cochran, Wendy Marcari, and Bob Mendes discuss strategies healthy companies can implement when they find themselves doing business with a financially distressed or insolvent partner—whether that's a slow-paying customer, a critical supplier, or a struggling tenant.

• State Attorneys General (AGs) Are Stepping Up: With reduced federal enforcement staffing, state AGs are expanding their budgets, hiring former federal prosecutors, and taking the lead in health care fraud investigations.
• Medicaid Takes Center Stage: As federal enforcement focuses on Medicare, state Medicaid Fraud Control Units are prioritizing Medicaid fraud, creating a shift in enforcement focus and risk profiles for health care companies.
• Proactive Compliance Is Critical: Companies must prioritize internal complaint management, monitor their external reputation, and engage experienced local counsel to navigate the complexities of state and federal enforcement.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Zachary Taylor, Sarah Hall, and Jeremy Avila discuss the implications for general counsel regarding the expansion of state-level health care enforcement and explore how companies can proactively manage risk in this evolving environment.

Discover how their military experiences shaped their leadership, resilience, and approach to the practice of law. This episode also celebrates the service of the broader Epstein Becker Green community, including employees and their families.

In this episode of Speaking of Litigation, we analyze iconic scenes from Succession, The Good Wife, Bridge of Spies, and more to uncover the truths—and myths—about the legal process.

Join Epstein Becker Green attorneys Sierra Hennessy, Aime Dempsey, and Adam Paine as they separate Hollywood fiction from legal reality, offering practical insights for anyone navigating the litigation process.

But as this episode of Speaking of Litigation reveals, signing on the dotted line may be just the beginning.

Avoid post-closing litigation with these issues in focus:

• Earnout Disputes: Learn how a buyer’s actions can intentionally or unintentionally depress earnings, leading to legal battles over unpaid contingent payments.
• Indemnification Risks: Understand why a buyer’s “safety net” can become a legal landmine for sellers, especially when ambiguous deal language is involved.
• Regulatory Surprises: Discover the unforeseen challenges that arise when government investigations begin after a deal closes, forcing buyers and sellers to confront liability for past conduct.

Epstein Becker Green attorneys Jim Flynn, Bob Travisano, and Daniella Lee discuss how to spot the red flags in a deal, the main legal triggers of post-merger disputes, and, most importantly, how to protect your business—whether you’re the buyer or the seller.

Why It Matters

• Setting the Tone Early: Find out how pre-litigation discovery builds compelling, evidence-backed cases.

• Controlling the Narrative: Learn how preemptive filings can influence not only legal outcomes but also public opinion.

• Detailed Insights on Strategy: Gain valuable advice on making critical first moves that can define the trajectory of your case.

Don’t miss Epstein Becker Green attorneys Sierra Hennessy, David Clark, and Alex Barnard as they explore the benefits, risks, and nuances of these advanced legal strategies.

This episode of Speaking of Litigation is packed with actionable insights for general counsel and legal professionals navigating complex litigation and provides real-time examples from high-profile disputes, including Blake Lively’s and Justin Baldoni’s cases.

Join Epstein Becker Green attorneys Alkida Kacani and Christopher Farella as they sit down with Jonathan Murphy, Senior Manager of Forensics at BDO, to examine how AI is revolutionizing the practice of law.

Discover how advanced technologies are refining e-discovery, optimizing predictive analytics, and transforming document review processes. The discussion also takes a deep look into the ethical considerations of integrating AI into legal work, from safeguarding sensitive information to maintaining professional standards in a highly dynamic field.

In this episode, Epstein Becker Green attorneys Mike Brodlieb, Jim Flynn, Jimmy Oh, and Jack Wenik navigate the complexities of regulatory action and inaction. The conversation dives into the changing administrative landscape and covers how businesses can strategize to challenge regulations, the pros and cons of litigation, and the critical importance of aligning legal goals with practical business objectives.

The panelists also explore how agencies’ evolving processes create both challenges and opportunities, including how internal agency relationships and unexpected legal arguments can shape outcomes. From assembling the right legal team to balancing risk and reward in high-stakes scenarios, they discuss real-world tactics for crafting solutions that address uncertainty while keeping business interests front and center.

Gain insight into how legal professionals are managing the intricate interplay between government regulation, litigation strategies, and client priorities in today’s dynamic environment.

In this episode, Epstein Becker Green attorneys Lauren Brophy Cooper and James S. Tam are joined by guest Brandie Knox, Founder and Creative Director of Knox Design Strategy, to discuss the legal industry's shift toward visual storytelling.

The group explores how visuals are transforming the way lawyers present arguments, from infographics and timelines to courtroom animations. The discussion highlights strategies for tailoring visuals to audiences, the importance of timing and delivery, and how attorneys are even using visual storytelling outside the courtroom.

Discover practical tips for making legal presentations more impactful and engaging in any setting, from courtrooms to boardrooms.

In this episode, Epstein Becker Green attorneys Shruti Panchavati, Melissa Jampol, and Diana Costantino Gomprecht share their trial team experiences, breaking down how trial team dynamics can directly affect courtroom outcomes.

Tune in as the panel uncovers signs of dysfunction that can derail momentum and explores how jury, judge, and arbitrator perceptions hinge on a team’s professionalism, chemistry, and preparation.

With practical insights, real-world anecdotes, and nods to courtroom cinema classics, this episode offers a compelling glimpse into what it takes to handle complex litigation with precision and skill. Listen now to gain a deeper understanding of the factors that drive success in the courtroom.

Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier.

This episode unpacks the art of voir dire, blending centuries-old practices with innovative tools such as artificial intelligence-driven analytics. Along the way, they tackle how to identify bias, manage polarization, and create a fair but effective jury pool in an era of societal change.

From high-stakes civil trials to the finer points of building rapport with jurors, discover how modern litigators balance strategy with ethics to shape the courtroom narrative. Whether you’re a seasoned litigator or just curious about the inside workings of jury trials, this discussion offers fresh perspectives and practical advice for excelling in the courtroom.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Max Cadmus, Tom Kane, and Ed Yennock delve into the critical aspects of crafting compelling legal documents. They discuss the fine line between assertive and aggressive writing, emphasizing the importance of tone and style.

Discover how proficient legal writing can influence case outcomes, avoid public relations nightmares, and resonate with both judges and clients. Tune in for these insights and more from seasoned legal writers on improving your written advocacy in the legal arena.

Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Jim Flynn, Anthony Argiropoulos, and Alex Barnard dive into the world of challenging clients—those who demand more, push boundaries, and ultimately make us better lawyers.

From providing strategic nudges to managing high-stakes tensions, we've got you covered.

Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly, Eric Moran, and Ed Yennock explore how technological advancements have reshaped the landscape of legal trials. From the days of low-tech (or no-tech) to the sophisticated digital tools we now rely on, technology has revolutionized case development, trial preparation, and presentation in the courtroom.

Whether you're a practicing lawyer or a new litigator, or simply curious about courtroom dynamics, this episode offers valuable knowledge and practical tips.

In this episode of Speaking of Litigation, Epstein Becker Green litigators Teddy McCormick, Jack Wenik, and Robert Lufrano explore the litigious minefield of class action battles, particularly focusing on the challenges faced by companies amid the proliferation of legal opportunists and lawsuits based on U.S. Food and Drug Administration (FDA) warning letters.

From navigating consumer protection statutes to deciphering FDA actions, our panelists discuss the legal intricacies shaping the dietary supplement industry's future. Tune in for an engaging conversation that unpacks the intersection of law, regulation, and commerce in the realm of dietary supplements.

Former U.S. presidents, A-list celebrities, and even college professors and local business owners face the specter of defamatory statements broadcast and scrutinized worldwide. But what lies beneath the surface of these headline-grabbing lawsuits?

Join us on Speaking of Litigation as Epstein Becker Green litigators Jim Flynn, Teddy McCormick, and Lauri Rasnick dissect the intricate legal maneuvers deployed in defamation trials. From the realm of business to the intricacies of employment law, this episode offers a deep dive into the strategies employed when reputations are on the line.

Is it the ransomware boogeyman, or perhaps the data breach creeps?

Whatever it may be, Epstein Becker Green litigators J.T. Wilson III, Stuart Gerson, and Brian Cesaratto are here to shed light on the subject in this episode of Speaking of Litigation.

Guilty or not, having a preparedness plan in place for when a government agency comes knocking is just as important as conducting a company fire drill.

In this episode of Speaking of Litigation, Epstein Becker Green litigators Alkida Kacani, George Breen, and Eric Moran discuss a few of the most common (and invasive) legal maneuvers government investigators may take when approaching a company or its employees.

When dealing with civil ...

Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop violations of either building codes or health care laws, and much more.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Scheherazade Wasty, Jonathan Brollier, and David Jacobs delve into the recipes for success in these legal motions and emphasize the importance of an experienced counsel when seeking or opposing ...