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New DOJ Guidance for Corporate Compliance Programs: AI, Emerging Technology Risks, Whistleblower Protections

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, January 9, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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.

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.

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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

Faculty

Holtmeier, Jay
Jay Holtmeier

Partner
Wilmer Cutler Pickering Hale and Dorr

Mr. Holtmeier co-leads the firm's FCPA and Anti-Corruption Group and is a member of the Dodd-Frank Whistleblower...  |  Read More

Parker-Kimberly
Kimberly A. Parker

Partner
Wilmer Cutler Pickering Hale and Dorr

Ms. Parker focuses on white-collar criminal matters, internal corporate investigations, and compliance counseling. She...  |  Read More

Attend on January 9

Cannot Attend January 9?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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