Gibson Dunn Offers Update on Corporate Non-Prosecution and Deferred Prosecution Agreements

This publication marks our tenth year tracking corporate non-prosecution agreements (“NPAs”) and deferred prosecution agreements (“DPAs”).[1]  What a decade it has been.  In our time analyzing and reporting on these resolutions, we have seen the pendulum swing from 22 agreements concluded in a single year (in 2009 and 2017), to a high of 102 agreements (in 2015)—a yield that surprised even the enforcement agencies executing them.  We also have seen greater standardization of certain agreement terms as enforcement agency experience has developed, removal of certain terms—like mandatory privilege waivers—as prosecutorial policy has evolved, and application to an ever-widening scope … Read more