Successful inability-to-pay claims have been on the rise over the past few years, particularly after the U.S. Department of Justice’s Criminal Division issued a memorandum in 2019 providing guidance for prosecutors to follow when corporations raise inability-to-pay claims.
In Law360, StoneTurn’s Shari Schindler and Ryan Rohlfsen and Jordan Harvey of Ropes & Gray explain why documentation is key to reaching a reduced settlement with regulators. They also provide guidance on establishing a successful inability-to-pay claim in the COVID-19 era.
