Be Careful What You Admit

October 18, 2022  |  New York Law Journal

When a defendant enters into a deferred prosecution agreement with the government, the government often insists on the inclusion of factual admissions, which may cause the defendant to face unanticipated challenges in subsequent civil litigation. In our latest article for the New York Law Journal, “Be Careful What You Admit,” we discuss how Southern District Judge Colleen McMahon recently addressed such a situation in BDG Gotham Residential, LLC v. Western Waterproofing Company.

Be Careful What You Admit (pdf | 143.89 KB)