Analysis of the DOJ’s June 2020 updated guidance on Evaluation of Corporate Compliance Programs

June 2, 2020    Articles,

On June 1, 2020, the DOJ updated its Evaluation of Corporate Compliance Programs guidance (“2020 ECCP”) (building on the previous version released in April 2019). Although the updated guidance does not reflect a sea change in the DOJ’s overall approach to corporate compliance, it serves as an important reminder that companies must continue to evaluate and enhance their internal corporate compliance programs to better address evolving internal and external risks. The 2020 ECCP, coupled with the DOJ Criminal Division’s May 2020 job posting for a trial attorney with compliance expertise, indicates the DOJ’s continued efforts to help prosecutors better evaluate and take into account corporate compliance programs in the context of enforcement actions. It also presents an opportunity for in-house compliance professionals to message the continued importance of compliance to their Board, C-Suite, and business partners. The key changes we have identified during our initial analysis of the 2020 ECCP are summarized below:

Additional emphasis on the “circumstances of the Company”: The 2020 ECCP reemphasizes that the DOJ will make a “reasonable, individualized determination in each case” and consider both internal and external factors (e.g., “size, industry, geographic footprint, regulatory landscape”) that may have impacted a company’s compliance program. This is a welcome approach as companies balance how to continue funding and implementing corporate compliance initiatives in light of the financial and personal impact of the COVID19 pandemic and current social unrest.

We encourage in-house corporate compliance professionals to:

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If you have any questions, or if we can provide any additional information regarding the implications of the 2020 ECCP for your company, please contact us at or

The above is for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship