Corporate Monitorships


Corporate Monitorships: How You Can Avoid Them, and What to Do If You Can’t

Gil M. Soffer

Managing Partner (Chicago) and Co-Chair, Litigation Department, Katten Muchin Rosenman LLP

May 19th, 2021

2:00 PM – 3:00 PM EDT

Earn CLE credits*
(*pending final approval)

In resolving criminal investigations against companies, the Department of Justice has made frequent use of a device known as the Deferred Prosecution Agreement. DPAs typically require a company to pay a hefty penalty, undertake remedial actions, and, in the more serious cases, engage a corporate monitor to ensure the company’s compliance with applicable law. Monitorships can be onerous and intrusive for the companies on which they are imposed. Among other things, monitors may examine proprietary data, conduct extensive interviews of company personnel and customers, and make findings that could require the company to abandon well-established practices or discipline long-standing employees. The best way for companies to avoid a monitorship, even after an investigation has begun, is to design, implement, test, and refresh a compliance program that is tailored to the company’s risk profile. This webinar will explore these issues and the DOJ’s latest guidance on corporate compliance. It will also discuss real-world examples that have satisfied or fallen short of the DOJ’s expectations, identify practical compliance measures that may prevent the imposition of a corporate monitorship — and describe what to do if a monitorship is imposed nevertheless.

Top Ten Benefits:

  1. Hear why and when DOJ (and other regulators) require companies to engage a corporate monitor
  2. Learn how your compliance efforts can reduce the odds that DOJ will impose a monitorship on your company
  3. Learn what the DOJ and SEC are looking for in corporate compliance
  4. Understand how to perform an adequate risk assessment
  5. Discover best practices in managing high-risk third-party relationships
  6. Learn about the government’s compliance expectations concerning mergers and acquisitions
  7. Learn how DOJ views the compliance role of senior and middle management
  8. Learn the importance of discipline, and publicizing of discipline, to an effective compliance program
  9. Discover the importance of Internal Audit to a well-functioning compliance program
  10. Learn how to manage the relationship with a monitor if one is imposed

Earn CLE credits*
(*pending final approval)


SPEAKERS


Gil M. Soffer
Managing Partner (Chicago) and Co-Chair, Litigation Department, Katten Muchin Rosenman LLP


Gil M. Soffer is managing partner of Katten’s Chicago office, national co-chair of the firm’s Litigation practice and a member of the Board of Directors. A former federal prosecutor, Gil provides experienced counsel to individuals and companies under investigation by the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Federal Trade Commission (FTC) and other government regulators. Before joining Katten, Gil was an Assistant US Attorney (AUSA) in Chicago. As an AUSA, he prosecuted cases ranging from corruption to health care fraud, earning the Director’s Award for Superior Performance as an AUSA from thenAttorney General Janet Reno. Later, while at Katten, Gil accepted a position as Counsel to the Deputy Attorney General and was soon thereafter appointed Associate Deputy Attorney General. In this position, he played an integral role in drafting the Department of Justice’s Corporate Charging Principles (the Filip Memo), and provided training on the policy to US Attorneys’ offices nationwide. He also managed the President’s Corporate Fraud Task Force and briefed members of Congress about criminal matters within the DOJ. After completing his service in 2009, Gil returned to the firm.