• Agencies,  Trials, Judges and Jurors

    Video Guidance, Agency Guidance and White-Collar Trials

    The Lord noted that the poor will always be with us, but He may as well have been speaking of federal agency guidance documents that are sometimes used against members of the regulatory community. Here is a short video about the DOJ’s recently-promulgated “Brand Memo” and regulatory guidance documents: For a few more details about the Brand Memo, see our earlier post:    

  • Agencies,  Trials, Judges and Jurors

    Brand’s Memo and Dan’s Desk

    Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in civil lawsuits brought by the government.  Ms. Brand has since left the department to take a position in the private sector, but her memorandum lives on and may have significant effect for American regulated businesses not only for civil litigation – its stated goal – but also for corporate criminal indictments and trials. What Does The Memo Say? The Brand Memo, which is brief, follows up on a November 16, 2017 policy memo issued by Attorney General Jeff…