September 14, 2022

Getting Your Compliance Right

I have been having quite a few conversations lately about compliance. The SEC and DOJ appear to be laser-focused on corporate compliance at the moment, and even the White House has called out corporate compliance matters as an Administration priority. It is not surprising then that companies and their advisors are revisiting their compliance programs, particularly as we attempt to pick up the pieces from the disruptions and evolving workplace environments brought about by the COVID-19 pandemic.

Latham has published a very comprehensive review of today’s compliance considerations titled “Empowering Corporate Compliance Functions in a Post-Pandemic Environment.” The memo provides guidance on building an effective post-pandemic compliance program by taking stock of, and acting on, US regulators’ shifting approach and priorities. The memo notes:

As detailed in a recent Latham Client Alert, the US Department of Justice (DOJ) and the US Securities and Exchange Commission (SEC) have issued a number of policy updates and public pronouncements over the last several months, emphasizing the importance of empowered and accountable corporate compliance programs. US regulators clearly expect compliance programs to be empowered with sufficient resources, personnel, stature, and authority within their organizations to be effective, and they are looking to hold chief compliance officers (CCOs), so-called gatekeepers, and individual bad actors accountable for corporate compliance.

I anticipate that this topic will increasingly be on board agendas in the coming months, so now is definitely the time to get up to speed.

– Dave Lynn