ANALYSIS: Deconstructing the 2020 DOJ Compliance Guidance

It’s been a couple of weeks since the Department of Justice released its latest version of the “Evaluation of Corporate Compliance Programs” (2020 Guidance). The guidance, first issued in February 2017 and updated last April (2019 Guidance), enumerates the factors that federal prosecutors weigh when assessing the effectiveness of a company’s compliance program. “Effectiveness” is a critical standard in determining whether a company will avoid criminal prosecution, and companies use the guidance as a framework or checklist for regular pre-enforcement self-assessment.

2020 Guidance vs. 2019 Guidance

I’ve reviewed several great insights about the updated guidance, but I decided ...