Directors & Boards: "Dos and Don'ts For Managing a Monitor"

Articles / October 20, 2008

New York partners George Stamboulidis and Lauren Resnick authored an article for the Fourth Quarter 2008 edition of Directors & Boards magazine titled, "Dos and Don'ts For Managing a Monitor."

According to Resnick and Stamboulidis, who is head of the firm's White Collar Defense and Corporate Investigations practice group, "More and more companies are finding themselves negotiating with government enforcement agencies to settle cases involving questionable business practices without criminal charges, and the government has increasingly resorted to the use of independent monitors or examiners to resolve investigations of corporate misconduct."

Resnick and Stamboulidis' article "seeks to guide directors and business leaders in the selection and management of monitors that may be required to oversee and report on a company's compliance operations for a period of time under non-prosecution or deferred prosecution agreements with the government."

The authors detail the "dos" and "don'ts" in the article, including:

  • Do play an active role in selecting the monitor
  • Do appoint an internal point person to manage the monitorship
  • Do create an infrastructure to deliver on the remediation
  • Don't limit the monitor's access to meetings
  • Don't conceal criminal activity or other violations

Resnick and Stamboulidis conclude: "While the prospect of having a monitor in your midst may strike a chord of concern for managers and directors alike, the creation of an infrastructure to ensure open communication and access with the monitor and delivery of a sustainable remediation program will best ensure a positive report on the company's performance and value to the shareholders."