US: What to Expect When You’re Expecting a Compliance Monitor
The DOJ’s stated goal is that corporate monitors will only be required in FCPA settlements if it appears to be truly beneficial to improve the company’s compliance environment, and will not impose an unnecessary burden.
However, Yuliya Kuchma of Baker McKenzie notes that this has still occurred in roughly one-third of recent settlements, and offers recommendations for how to deal with them. The first is to “thatch your roof before the rain begins,” that is, get to work putting things in order before the investigation ends and a monitor is required.
Additional tips include selecting (or at least proposing) a monitor carefully, working out privilege and data privacy issues as early as possible, and creating an environment of trust and mutual respect between the company and the monitor.
