Tag Archives: Kathryn Cameron Atkinson

DOJ Releases Updated Evaluation of Corporate Compliance Programs Guidance

by Ann Sultan, John E. Davis, and Kathryn Cameron Atkinson

Photos of the Authors.

Left to right: Ann Sultan, John E. Davis, and Kathryn Cameron Atkinson. (Photos courtesy of Miler Chevalier Chartered)

On September 23, 2024, in conjunction with a related speech at the Society of Corporate Compliance and Ethics (SCCE) Compliance & Ethics Institute by Principal Deputy Assistant Attorney General (PDAAG) Nicole M. Argentieri, the U.S. Department of Justice (DOJ) released an updated version of its guidance to prosecutors on the Evaluation of Corporate Compliance Programs (updated ECCP). The DOJ last updated this guidance in March 2023. View a redline comparison of the September 2024 updates to the March 2023 version here.

The DOJ’s substantive revisions for this round of updates focused primarily on using data and technology related to various compliance program elements, integrating and adapting to lessons learned from other companies, and reporting. As PDAAG Argentieri noted, the DOJ “regularly evaluate[s] our policies and enforcement tools, including the ECCP, to account for changing circumstances and new risks.”

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Guidance from Attachment C: Recent Resolutions Include DOJ Updates to the Requirements for an Effective Compliance Program

by Kathryn Cameron Atkinson, Joshua Drew, Matteson Ellis, and James G. Tillen

From left to right: Kathryn Cameron Atkinson, Joshua Drew, Matteson Ellis, and James G. Tillen. (Photos courtesy of Miller & Chevalier.)

Continuing with recent policy updates, the U.S. Department of Justice (DOJ) has revised its detailed requirements for effective corporate compliance programs found in “Attachment C“[1] to better reflect its policy guidance and incorporate lessons learned from recent cases and monitorships. These edits focus on management commitment, training, third party management, remediating misconduct, monitoring and testing, compensation structures, and consequence management. 

Attachment C requirements present a clear guide to DOJ thinking on critical compliance program elements. They have become standardized over the years, and when DOJ revises or alters them, it is a noteworthy development for compliance professionals as well as practitioners. Companies defending their programs before DOJ will need to be prepared to address these new program criteria. 

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