Highlights

• Recent remarks by two top U.S. Department of Justice (DOJ) officials make it clear that companies and their boards of directors should prioritize compliance, and those that do so will be rewarded (or at least escape harsh punishment).
• Robust compliance, ethics and training programs are key to preventing criminal conduct and to mitigating penalties and fines if bad behavior does occur. Those companies who don't institute such programs could potentially face close scrutiny in the months and years ahead.
• This Holland & Knight alert provides a number of preventive measures that companies and their boards can take to help make sure they are doing their duty in the compliance arena and avoid pitfalls that have ensnared others.

In the early months of a new presidential administration, the nation and the world scramble to predict where the White House and federal agencies will focus their energy and attention. Thanks to recent talks given by two top U.S. Department of Justice (DOJ) officials, the business world, in-house counsel and white collar defense attorneys can confidently react and ensure that the officials' forewarning is addressed and remedial actions are taken.

Deputy Attorney General Lisa Monaco and Assistant Attorney General for the Criminal Division Kenneth Polite want companies to prioritize compliance. Their remarks¹ make clear that companies that do so will be rewarded (or at least escape harsh punishment). But those that don't could potentially...

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