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.