David Resnicoff and Andrew Patton Urge Companies to Stay the Course on Corporate Compliance in Law360 Article
RSHC attorneys David Resnicoff and Andrew Patton recently published an expert analysis in Law360 on the continuing rationale for strong compliance programs during the second Trump administration.
Within 12 hours of taking her oath of office, Attorney General Pam Bondi issued 14 directives to U.S. Department of Justice employees through official memoranda addressing investigative priorities, resource allocation, and principles for prosecutorial decision-making. These memoranda highlight immigration-related crimes; international terrorism; drug cartels and related violence; and even enforcement against private entities supporting diversity, equity, and inclusion initiatives as enforcement priorities. At the same time, the Bondi memoranda indicate the administration's intention to deemphasize corporate enforcement and transnational corruption.
While it is natural for business leadership to perceive the enforcement pendulum swinging back and react accordingly, David and Andrew urge companies to maintain and potentially enhance their compliance programs during the current administration. Reasons include: 1) the early stages of all of these changes; 2) strong cases likely will continue to be prosecuted; 3) the statute of limitations periods will extend well beyond this administration; 4) the considerable power of state attorneys general and foreign law enforcement authorities; 5) compliance failures impact brand, and a broad array of stakeholders, beyond the mere risk of enforcement proceedings; and 6) strong compliance programs typically make for strong companies