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GAO Repeats Protective Order Warning

Client Alert | less than 1 min read | 04.03.08

In denying the motion for reconsideration of its dismissal of the protest in PWC Logistics Servs. (Mar. 31, 2008) for breach of the protective order by the client retaining for a week protected material and distributing it within the company, GAO repeated that this case is to serve as a warning to other protestors: if the client receives from its attorneys any materials that are marked as subject to protective order, they are immediately to close and return or destroy the materials, and their attorneys are to provide prompt notice of the violation.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....