Trial, White Collar and Investigations Partners Randy Grossman, Kareem Salem and Associate Sareen Armani wrote an article for Business Crimes Bulletin on how the U.S. Department of Justice's (DOJ) recent policy updates will impact the white-collar enforcement landscape and reshape how companies approach compliance.
The new framework places a stronger emphasis on how proactively companies identify and mitigate risk, rather than how companies respond after issues surface, the authors explained. In particular, they pointed to the use of the False Claims Act (FCA) as an enforcement mechanism, a shift away from the Foreign Corrupt Practices Act (FCPA), and increased incentives for self-disclosure and whistleblowers. They concluded by offering practical guidance for in-house legal counsel and compliance leaders to mitigate risk under DOJ's current approach.
"DOJ's message is clear: corporate compliance is a critical risk management function. For companies in fast-moving sectors such as tech and health care, where innovation often runs ahead of regulation, proactive compliance is essential. Companies that invest now in internal controls, training and compliance will be better positioned not only to avoid scrutiny, but to navigate it effectively if it comes," they wrote.
Read the full Business Crimes Bulletin article here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
