DOJ Releases AI-Related Compliance Guidance

On September 23, 2024, the Department of Justice updated its guidance on the Evaluation of Corporation Compliance Programs to include questions specifically focused on companies' use and implementation of artificial intelligence. While the guidance does not have the force of law, it provides a useful set of considerations for executives, board members, compliance officers and other key stakeholders in companies that use AI for commercial purposes or in compliance programs.

Background: What is the DOJ's guidance on the "Evaluation of Corporate Compliance Programs"?

Under U.S. law, a company can be held criminally responsible for the actions of its agents and employees. Prosecutors though wield discretion as to whether, and how, to hold a company responsible for those actions. To guide their exercise of that discretion, DOJ policy instructs federal criminal prosecutors to consider a number of factors, including the "the adequacy and effectiveness of the