Businesses and compliance professionals should expect the Department of Justice’s (DOJ) new compensation clawback policies to be applied on a case-by-case basis, with broad discretion, according to legal experts.
The clawback pilot program, announced March 2 by Deputy Attorney General Lisa Monaco, is part of a series of recent policy changes by the DOJ aimed at incentivizing companies to stay on the right side of ethics and the law. The agency also announced revisions to its Evaluation of Corporate Compliance Programs guidance regarding off-channel communications and new criteria for selecting compliance monitors in criminal cases.
