ILR's Kim: Put Brand Memo in U.S. Attorneys' Manual

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July 27, 2018

In an interview with Bloomberg Big Law Business, U.S. Chamber Institute for Legal Reform Executive Vice President Harold Kim urged the Department of Justice to include the directives from the Brand Memo in the U.S. Attorneys’ Manual.

The Brand Memo, issued in January by then-Associate Attorney General Rachel Brand, instructed DOJ attorneys to stop using agency guidelines to prove legal violations in enforcement actions. Kim says that this memo was a welcome development in the enforcement arena, but there is “an argument we’ve heard that the Brand Memo doesn’t apply to U.S. attorneys’ offices.” To ensure the memo’s directive is applied consistently, Kim says it should be included in the U.S. Attorneys’ Manual, which applies to all U.S. attorneys.