Scrutiny of Corporate Monitors Is on the Rise
Pending legislation and recently issued DOJ guidelines reflect a concern over possible conflicts
The new year has brought new scrutiny of independent corporate monitors that seems destined to reverberate beyond 2008. Legislation has been introduced to address the role of monitors. And, in at least one criminal case, victims of a convicted company have asked the sentencing court to impose a monitor even though the written plea agreement did not call for one. Attorneys Christopher J. Gunther and Robert M. Pollak review these recent developments.