A 360 Degree View of Compliance-based Resolutions

This panel, with experience across government, defense counsel, and independent monitorships, will provide a 360-degree look at alternatives to traditional penalties and sanctions in corporate prosecutions, civil and regulatory matters, and how compliance-based requirements – including independent monitorships – offer the opportunity to align parties through resolutions that offer benefits for all parties.

After looking at the full spectrum of compliance-based requirements and their use in corporate resolutions, the panel will then deep-dive into the use of independent compliance consultants and monitorships. The panel will offer different perspectives on the use, challenges, potential benefits, and practical learnings of monitorships. This panel is sure to offer lively discussion when a current government attorney, a former government attorney, a defense attorney, and an independent monitor take the stage to discuss the considerations that all parties undertake when deciding to use an independent monitor, the selection process, the role of the monitor, the reporting aspects of monitoring, and the benefits and negative aspects of agreeing to a monitor.

Perspective discussions will include:

- The Government’s Perspective:
- Benefits, challenges, and considerations when considering independent monitoring as a continued oversight tool to ensure effective implementation of remedial actions, satisfaction of government requirements, and a pathway to regain government stakeholder trust.
- The Defense Counsel Perspective:
- The opportunity that compliance-based resolution solutions like independent proactive reviews can offer during the investigation and cooperation phase.
- How the consultant and monitorship alternatives are raised and weighed during the negotiation and resolution phase.
- How these alternatives can speed up or slow down resolutions.
- The role an independent party can play in improving the client/counsel relationship.
- Considerations for counsel when a monitorship is on the horizon for a client.
- The Independent Monitor’s Perspective:
- Aligning all parties.
- Identifying the “client.”
- The real benefits of a monitor.
- Addressing scope creep.
- The monitor's duties.
- Using monitoring as a sword to avoid more severe penalties and sanctions.