We have been closely monitoring and advising our clients about how the new DOJ policies and programs will impact them, including the consideration of self-disclosing non-compliance and potential updates to policies and practices such as the preservation and accessibility of all business-related communication and compensation packages. But the recent post from our colleagues regarding BIS’s clarification of its own enforcement policies to incentivize voluntary disclosures and whistleblowing got us wondering whether we will see similar changes from DOJ in the near future.

The Biden Administration’s increased focus on corporate wrongdoing, including putting the onus on corporate organizations to self-disclose, has been adopted by BIS. Most significantly, BIS’s guidance appears to incentivize regulated entities to report potential wrongdoing of competitors. Will this approach be adopted by the DOJ? Could this ultimately disincentivize cooperation? We will continue to closely monitor these new developments in enforcement.