Life Under the Monitor’s Microscope: A Renewed Focus on Corporate Compliance, in Corporate Compliance Insights

George Breen, a Member of the Firm in the Health Care and Life Science and Litigation practices, in the Washington, DC, office, and Deepa Selvam, an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office, co-wrote an article titled "Life Under the Monitor's Microscope: A Renewed Focus on Corporate Compliance."

Reprinted with permission from Corporate Compliance Insights.

Following is an excerpt:

The use of corporate monitors, as required by many deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs), continues to be a powerful government tool in the oversight of compliance with settlement terms and the law.

A review by Reuters of the 39 DPAs reached with the Obama Department of Justice found that 13 included a monitor requirement. Monitors have been assigned to a myriad of industries including health care organizations, such as hospitals, health plans, medical technology companies, and home health companies.

As set forth in guidance issued by the Justice Department, the primary responsibility of a monitor "is to assess and monitor a corporation's compliance with the terms of the agreement specifically designed to address and reduce the risk of recurrence of the corporation's misconduct, and not to further punitive goals."

Monitorships are becoming such a reality in corporate America that even a giant like Wal-Mart may soon be faced participating in one. Given this backdrop, we offer some items to consider if your organization is currently under a corporate monitorship or if a corporate monitor is in your future.