19th Annual IBA Anti-Corruption Conference
13 Jun - 14 Jun 2023
Session information
Panel 2: A practical outlook on corporate monitorships
Tuesday 13 June (1040 - 1140)
Description
Independent corporate monitorships can be a helpful resource and beneficial means of assessing a business organisation’s integrity culture and its compliance with the terms of a corporate resolution. The goal of a monitorship is to serve as an effective means of reducing the risk of the misconduct recurring, including the compliance lapses that gave rise to the underlying corporate resolution.
The need for a monitor and the scope of any monitorship depends on the facts and circumstances of a particular case. Experience to date provides us with important lessons. This panel will discuss relevant aspects of the process, including:
• the need for and potential benefits of a monitor;
• managing costs;
• impacts on the operations of a corporation;
• whether current policies and guidance adequately provide for this evolving mechanism;
• different models used around the world; and
• strategies for mitigating the risk of a monitorship turning into a punishment.
Session / Workshop Chair(s)
| Adriana Dantas | Lefosse Advogados, São Paulo, Brazil; Vice Chair, Anti-Corruption Committee |
Speakers
| Laurent Cohen-Tanugi | Laurent Cohen-Tanugi Avocats, Paris, France; Monitorship Officer, Anti-Corruption Committee |
| Daniel Esteves | Andrade Gutierrez, São Paulo, Brazil |
| Lorinda Laryea | US Department of Justice, Washington, District of Columbia, USA |
| James Tillen | Miller & Chevalier Chartered, Washington, District of Columbia, USA; Member, Anti-Corruption Committee Advisory Board |