GIR Live Webinar: Corporate Monitorship Policy Update
Wednesday 14 November, 12:00pm EST or after on demand
Your speakers: FRA Partner Neil Keenan and Director Mike Trahar
DOJ Issues New Guidance on Corporate Monitors
How Can Your Company Prepare To Benefit?
On October 11, DOJ issued guidance to clarify its existing policy for the appointment of monitors on companies that resolve criminal investigations. In evaluating the benefits of a monitor, DOJ will consider the underlying misconduct, whether the misconduct was pervasive and/or approved by senior management, the corporation's investment in compliance and internal controls improvements, and whether remedial improvements have been tested to demonstrate they would prevent or detect future misconduct. DOJ also will weigh the burdens of imposing a monitor, including the cost to the company and "whether the proposed scope of a monitor's role is appropriately tailored to avoid unnecessary burdens" to the company.
FRA, which has been appointed to numerous corporate monitor roles, will discuss the practical implications of DOJ's guidance, including how a company in the midst of an investigation can prepare to argue against or narrowly tailor the scope of a corporate monitor.
FRA will discuss its first-hand experience seeing the impact of a monitor on companies that have prepared well and those that have prepared poorly, including: coping with institutional fatigue; integrating disruptive changes in management, policies, and controls; and re-training employees.
FRA will share best practices during an investigation to avoid a subsequent monitor, as well as suggest how to limit the scope of an appointed monitor, both temporally and with respect to the affected business units.
The webinar will be live on Wednesday, 14 November 2018 at:
17.00pm - 18.00pm (GMT)
12.00pm - 13.00pm (EST)
9.00am - 10.00am (PST)
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