DOJ Guidance Is Dead, Long Live DOJ Guidance
Partner David Chaiken was published in Law360’s Expert Analysis section on November 22, 2017 for his byline, “DOJ Guidance Is Dead, Long Live DOJ Guidance.” Chaiken writes about a recent speech by U.S. Attorney General Jeff Sessions that many have interpreted to mean the U.S. Department of Justice may no longer issue guidance to companies for evaluating their compliance and anti-corruption programs. “But a closer look reveals that this interpretation is more likely a misunderstanding based on a somewhat confusing rollout by the attorney general and his staff,” Chaiken writes. He points to a statement in a related memorandum that seems to contradict popular interpretations. He writes, “It is always difficult to read the tea leaves, and only time will tell how Attorney General Sessions’ new policy will be implemented. But this statement — buried at the end of a memorandum that itself is linked to a press release that no one would find unless he or she went looking for it — appears to render the attorney general’s Nov. 17 announcement much ado about nothing in the context of government investigations, enforcement actions and corporate compliance.”