Corporate Governance

DOJ Establishes Guidelines For Corporate Monitors

By Harvard Law School Program on Corporate Governance

(Editor?s note: This post is by John Savarese of Wachtell, Lipton, Rosen & Katz.)

My colleague David B. Anders and I have written a memorandum commenting on the guidance recently provided by the Acting Deputy Attorney General Craig S. Mortford concerning principles that DOJ will now consider when negotiating and finalizing monitor provisions for deferred prosecution arrangements. The DOJ guidance addresses, among other matters, possible criteria for monitor selection, the independent nature of the monitor, procedures for resolving disputes over the monitor’s suggestions, and ways to determine the appropriate terms of any monitorship.

The memorandum is available here.

Full post as published by The Harvard Law School Corporate Governance Blog on April 26, 2008 (boomark / email).