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When Silence Is Not So Golden

Public Statements Clauses and Interference With a Defendant’s Right to Present a Vigorous Defense

Andrew S. Boutros and Jay Schleppenbach discuss the proliferation of clauses in corporate deferred prosecution agreements and settlement agreements barring company representatives from publicly denying the factual basis of the plea or deferred prosecution agreement. Do these so-called “public statements clauses” interfere with the right to present a defense?