Compliance Monitors Are Once Again “In Vogue”
Author: Robert Johnston.; Matthew Boxer.; Rachel Maimin.; Alessandra Moore.
Source: Volume 56, Number 03, February 1 2023 , pp.37-43(7)
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Abstract:
In this article, the authors begin by discussing the current administration’s signals that monitors are no longer disfavored and may be required by the DOJ whenever it finds it is appropriate to do so. They then address when a monitor should be appointed, the monitor selection process, the monitors’ role, and recent examples of monitors being appointed. They conclude with 10 best practices and other tips for companies that are required to engage a monitor.Keywords: “Monaco Memo”; Corporate Compliance Monitors; Non-Prosecution Agreements (“NPAs”); Deferred Prosecution Agreements (“DPAs”)
Affiliations:
1: Lowenstein Sandler LLP; 2: Lowenstein; 3: Lowenstein; 4: Lowenstein.