The Constitutional Clash Over the Fokker DPA

Arguments about separation of powers principles dominate the controversy over a district court’s refusal to approve a deferred prosecution agreement for Fokker Services BV. This constitutional dispute in the DC Circuit reflects the dissatisfaction of some courts that the traditional adversarial relationship between the government and corporate targets has changed, write of counsel Tom Zeno and associate Rebecca Worthington.

Reprinted with permission of Law360.