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ARTICLE · 04 OCTOBER 2024

DOJ Updates Corporate Compliance Programs Criteria To Include Focus On AI Emerging Technologies

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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In prepared remarks delivered on Sept. 23, 2024, at the Society of Corporate Compliance and Ethics conference in Grapevine, Texas, Principal Deputy Assistant...

United StatesCorporate/Commercial Law
Jordan Estes
Jordan Estes
Dani James
Dani James
Darren LaVerne
Darren LaVerne
Michael Martinez
Michael Martinez
Gary P Naftalis
Gary P Naftalis
Richard A. Sauber
Richard A. Sauber
Paul Schoeman
Paul Schoeman
Alan Friedman
Alan Friedman
Michelle Ben-David
Michelle Ben-David
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In prepared remarks delivered on Sept. 23, 2024, at the Society of Corporate Compliance and Ethics conference in Grapevine, Texas, Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the U.S. Department of Justice's (DOJ) Criminal Division, announced updates to DOJ's guidance on the Evaluation of Corporate Compliance Programs (ECCP).

The ECCP sets forth criteria for prosecutors to consider in determining the adequacy and effectiveness of a corporation's compliance program when a corporation comes within the remit of the Criminal Division's oversight authority.1 In March 2024, Deputy Attorney General Lisa Monaco had announced that prosecutors would consider how a company's compliance program mitigates the risk of misusing artificial intelligence (AI) and had directed the Criminal Division to incorporate the assessment of disruptive technology risks into its ECCP guidance.2

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