ARTICLE
26 March 2014

Minding the Monitor: Disclosure of Corporate Monitor Reports to Third Parties

W
WilmerHale

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When, as part of an agreement with the government to resolve an investigation, a corporation agrees to appoint an independent compliance monitor, should the monitor’s reports that are given to the government be accessible to third parties? an independent compliance monitor to review and evaluate the corporation’s compliance with its remedial provisions and to recommend compliance program improvements.
United States Corporate/Commercial Law

An agreement with the government to resolve an investigation may require the corporation to appoint an independent compliance monitor to review and evaluate the corporation's compliance with its remedial provisions and to recommend compliance program improvements. 1 When a monitorship is included as a term of a deferred prosecution agreement (''DPA'') or nonprosecution agreement (''NPA''), typically the corporation is required to retain the monitor at its own expense for an extended period, and the monitor is required to report periodically to the government in writing on the company's progress.2

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Originally published in the March 25, 2014 edition of Bloomberg BNA's The United States Law Week, 03/25/2014.

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.

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