Antitrust Compliance: DOJ Issues Warning About Corporate Compliance Programs, Probation and External Monitors

The U.S. Department of Justice, as part of a new policy focus, expects companies to establish compliance programs or risk probation and external corporate monitors in antitrust matters. The DOJ expects that companies will operate effective compliance programs or they will risk the consequences for failing to do so. Assistant Attorney General Bill Baer, who leads the DOJ Antitrust Division, made this unmistakably clear by warning: "We reserve the right to insist on probation, including the use of [corporate] monitors, if doing so is necessary to ensure an effective compliance program and to prevent recidivism." This webcast will highlight and review this recent DOJ emphasis and the relevant factors considered by the Antitrust Division. Key topic areas of the program will address:

• Role of Compliance Programs

• Five Areas to Evaluate the Effectiveness of an Antitrust Compliance Program

• Antitrust Corporate Probation Factors

• External Corporate Compliance Monitors

• The Need for a Tailored Compliance Program

 

YOUR SPEAKER:

Mark L. Krotoski is a partner in Morgan Lewis’s Litigation, Antitrust, and Privacy and Cybersecurity practices. Mr. Krotoski’s practice focuses on representing and advising clients on antitrust cartel investigations; cybersecurity, data breach, and privacy matters; trade secret, economic espionage, fraud, and foreign corrupt practices cases; and government investigations.

With nearly 20 years of experience as a federal prosecutor and a leader in the U.S. Department of Justice (DOJ), Mr. Krotoski provides clients with a unique blend of litigation and investigative experience in a number of distinct and overlapping areas. He has tried 20 cases to verdict and successfully argued appeals before the U.S. Court of Appeals for the Ninth and Sixth Circuits. He has also handled a diverse range of complex and novel investigations and high-profile cases. Prior to joining Morgan Lewis, Mr. Krotoski was the assistant chief of the National Criminal Enforcement Section in the DOJ’s Antitrust Division, where he supervised international criminal antitrust cartel cases, provided guidance on cases going to trial, and counseled on electronic evidence and forensic issues. He led trial teams in successfully prosecuting and investigating significant international antitrust and obstruction of justice cases involving corporations and executives.