With an evolving regulatory landscape, increased attention to political and social issues, and heightened attention to incidents and whistleblower protections, the past five years have demonstrated that merely checking the box on compliance is no longer enough. Corporations who do not take a proactive approach risk serious financial and reputational damage.

The United States Department of Justice (DOJ) has intensified its scrutiny as well. In April 2019, the DOJ published its Evaluation of Corporate Compliance Programs guidance — a significant expansion of the earlier guidance published in 2017. With more discussion regarding what effective compliance programs should achieve and what prosecutors want to see from companies under regulatory scrutiny, it is a valuable resource for compliance officers and directors who want to ensure their compliance programs satisfy regulator expectations.

On June 1, 2020, the DOJ updated this guidance document once again to reflect, as then-Assistant Attorney General Brian Benczkowski said, “additions based on our own experience and important feedback from the business and compliance communities.”