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accessed Feb action ADEA apprehension of suit burdens of proof business judgment rule business necessity challenge citing clauses companies compliance and ethics compliance program conduct Congress controversy corporate criminal Declaratory Judgment defendant Deferred Prosecution Agreements discrimination discriminatory disparate impact claim disparate treatment DPAs duty effective compliance employees employment practice establish ethics and compliance ethics program evaluation evidence Federal Sentencing Guidelines FSGO Gen-Probe Griggs Hazen Paper Hoc Advisory Group immunity statutes infringement intent issue Law Review law school Lear licensee estoppel licensor litigation McDonnell Douglas McNulty Memorandum Medlmmune mental health professionals monitoring Ohio Revised Code Ohio Supreme Court organization patent holder plaintiff potential Price Waterhouse Professor of Law prosecutors protection reasonable apprehension RFOA risk royalties small businesses Smith standard subject-matter jurisdiction supra Supreme Court survey Tarasoff teaching termination Title VII trade secret University of Dayton validity violations Wards Cove