The Filip Memorandum: Does It Go Far Enough?

With the McNulty memo finally dead, law.com asks if the new guidelines have gone far enough. Nope:

Beyond its treatment of privilege waivers, the other changes announced by
the Filip Memo are somewhat of a mixed bag. The memo clearly strengthens the
prohibition on prosecutors' consideration of a corporation's decision to
indemnify its employees. But other new protections it announces appear largely
illusory.For example, although the Filip Memo provides that prosecutors can no
longer consider a company's retention or discipline of culpable employees as a
factor affecting cooperation credit, it allows the government to continue to
consider retention or discipline as a factor affecting remediation. Since, under
the Filip Memo, both cooperation and remediation are factors affecting the
charging decision, it is unclear whether there is any significance to this
change. Similarly, although the Filip Memo generally prohibits the
government from considering whether a company entered into a joint defense
agreement, it also indicates that if a joint defense agreement prevents a
company from disclosing relevant facts, the failure to disclose will weigh
against the corporation receiving cooperation credit. Accordingly, companies
will either continue to be penalized for entering into joint defense agreements
or attempt to negotiate one-sided agreements that permit full disclosure by the
company while providing little protection to the individual employees who join
the agreement.