Corporate criminal liability frameworks are being amended to introduce Deferred Prosecution Agreements (“DPAs”) where the companies agree to specific conditions (including a fine) in exchange for suspended proceedings.
The United States, the United Kingdom, France and Canada allow corporate entities to enter into DPAs. During this panel we will contrast these procedural tools and consider potential improvements to encourage their use. Among the advantages of DPAs for corporations, the lack of criminal liability usually has the lead. Based on case law and experience, panelists will evaluate DPAs’ real upside (or the lack thereof) when it comes to subsequent litigation and arbitral proceedings, including the challenges to awards in national courts.
Deferred Prosecution Agreements and how much do they shield corporations and executives from litigation and arbitration?
Tuesday 2 May 2023, 11:00 am – 12:30pm, American Bar Association International Law Section Annual Conference (New York, USA)
Speakers : Stéphane de Navacelle (Navacelle), Judith Seddon (Dechert LLP), Linda Plumpton (Torys LLP), John M. Driscoll (Société Générale), Ben Gruenstein (Cravath, Swaine & Moore LLP).
