On September 23, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri announced updates to the U.S. Department of Justice’s (“DOJ”) guidance relative to its Principles of Federal Prosecution of Business Organizations through the Evaluation of Corporate Compliance Programs (“ECCP”). The ECCP is “meant to assist prosecutors in making informed decisions as to whether, and to what extent, the corporation’s compliance program was effective at the time of [an offense under investigation], and is effective at the time of a charging decision or resolution, for purposes of determining the appropriate (1) form of any resolution or prosecution; (2) monetary penalty, if any; and (3) compliance obligations contained in any corporate criminal resolution (e.g., monitorship or reporting obligations)” with DOJ.
The ECCP was updated last year with new policies relating to a corporation’s access to and retention of employee electronic communications as well as a company’s compensation structure for executives and employees. This year’s updates focus on three new policies regarding evaluations of:
- How companies are assessing and managing risk related to the use of new technology such as artificial intelligence (“AI”);
- Companies’ “speak up” cultures; and
- Compliance programs’ appropriate access to data, including to assess their own effectiveness.
Blog Editors
Recent Updates
- Tasked with Troubling Content: AI Model Training and Workplace Implications
- Extraterritorial Application of the DTSA: Recent Decision Continues to Develop “Act in Furtherance” Element
- Shielding Reproductive Freedom: Uncovering New York’s Law Protecting Providers from Civil and Criminal Liability
- The Record-Setting First National Health Care Fraud Takedown of the Second Trump Administration: What Stayed the Same and What Is New?
- Maryland Legislature Slashes Child Victims Act Damages Cap by More than 50%