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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, January 9, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will address the updated U.S. Department of Justice (DOJ) Evaluation of Corporate Compliance Programs (ECCP) guidance issued on Sept. 23, 2024. The panel will discuss the key additions introduced by the new guidance, including AI and emerging technologies, data-driven compliance, and whistleblower protections and anti-retaliation.

Faculty

Jay Holtmeier
Partner
Wilmer Cutler Pickering Hale and Dorr, LLP

Mr. Holtmeier co-leads the firm's FCPA and Anti-Corruption Group and is a member of the Dodd-Frank Whistleblower Working Group. He represents institutions and individuals in complex government and internal investigations and matters of corporate governance and compliance with particular expertise in matters involving the FCPA. He regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and he has assisted clients in numerous industries in developing and implementing FCPA compliance programs. He devotes substantial attention to advising clients on FCPA problems that arise in the context of mergers and acquisitions, joint ventures and other corporate transactions.

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Kimberly A. Parker
Partner
Wilmer Cutler Pickering Hale and Dorr, LLP

Ms. Parker focuses on white-collar criminal matters, internal corporate investigations, and compliance counseling. She represents clients in a range of criminal and enforcement matters and provides compliance and governance advice. She has conducted internal investigations in the U.S., Asia, Africa, Europe, and Latin America. She has represented companies and individuals in a variety of FCPA enforcement matters. She also regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and assists clients in developing and implementing FCPA compliance programs and conducting FCPA training.

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Description

The ECCP establishes factors that the DOJ will consider when evaluating the compliance program of a company facing a criminal enforcement action. Companies frequently use the ECCP as a resource to help determine how the DOJ might assess their compliance programs.

In the recent updates to its ECCP, the DOJ has set forth its expectations for companies to adopt advanced compliance monitoring techniques, integrate data analytics in risk assessments, and address the opportunities and challenges presented by these technologies. The updates stress the critical role of data-driven compliance strategies in managing the risks associated with new and emerging technologies like AI and blockchain.

Under the updated ECCP, prosecutors are to consider such factors as whether the company encourages or discourages the reporting of potential misconduct; whether the company has sufficient training and adequate policies regarding whistleblower protection and anti-retaliation; and whether the company devotes sufficient assets, resources, and technology to compliance operations, compliance personnel, and risk management, among others.

Corporate counsel must be aware of the emphasis the DOJ will place on new and emerging technology risks, whistleblower incentives and protections, and compliance teams' access to data and resources going forward.

Listen as our authoritative panel provides a detailed analysis of the concepts contained in the updated ECCP and their implications for corporate compliance programs. The panel will also discuss the increasing role of data-driven compliance in enhancing corporate accountability.

Outline

  1. Overview of DOJ's updated ECCP
    1. Recent changes and focus areas
    2. Importance of data-driven compliance and technology integration
  2. Managing risks with AI and emerging technologies
    1. Leveraging AI for compliance; managing the associated risks
    2. Governance strategies for new technologies
  3. Whistleblower protections and anti-retaliation measures
  4. Using data analytics to enhance compliance
  5. Best practices

Benefits

The panel will review these and other key issues:

  • What the DOJ expects from companies regarding learning lessons from its own prior misconduct and from issues experienced at other companies
  • The DOJ's likely investigation and enforcement priorities going forward
  • How compliance programs should be designed and resourced to reflect a robust compliance culture