Photo of Peter J. EyrePhoto of Lorraine M. CamposPhoto of Preston PughPhoto of M.Yuan ZhouPhoto of Laura J. Mitchell BakerPhoto of Rina GashawPhoto of Chris MurphyPhoto of Michael AtkinsonPhoto of Jennie Wang VonCannonPhoto of Tiffany WynnPhoto of David H. Favre

On Monday, September 23, 2024, the Department of Justice (DOJ), released an update to its Evaluation of Corporate Compliance Programs (ECCP) guidance.  The ECCP guidance was last revised in March 2023, which brought a number of significant changes, including a focus on compensation and incentive structures (e.g., clawbacks), and third party messaging applications.  This 2024 update, while not as significant in scope as its predecessor, nonetheless highlights the DOJ’s focus on new and emerging technologies, such as artificial intelligence (AI), as part of its evolving assessment of what makes a corporate compliance program truly effective, and how prosecutors should evaluate risk assessments and other management tools at the time of a corporate resolution.

In the updated guidance, the DOJ identified key areas for companies to consider when bolstering compliance structures, policies, and training:

      • Managing emerging risks and technologies: The updated ECCP directs prosecutors to consider whether companies are assessing and mitigating against the risk of using new and emerging technologies such as AI in their businesses and compliance programs. For example, prosecutors will consider whether a company’s Enterprise Risk Management (ERM) system effectively manages risks related to AI and other emerging technologies, whether a company has sufficient governance to curb any potential negative consequences from the use of those technologies, and whether the use of AI or similar technologies in a company’s compliance program is trustworthy, reliable, and in compliance with applicable law.  These revisions formalize prior guidance given by Deputy Attorney General Lisa Monaco, who in March 2024 directed prosecutors to evaluate how companies mitigate the risk of AI misuse.
      • Accessing and leveraging data: As part of the DOJ’s growing focus on data analysis and metrics, prosecutors are to consider whether corporate compliance and risk management personnel have appropriate access to data and resources. Prosecutors will also consider whether companies are disproportionately investing resources and technology into business development rather than to detect and mitigate risk.
      • Incorporating lessons learned: The DOJ further emphasized the importance of companies incorporating lessons learned—from their own prior misconduct and from issues at other similarly situated companies (e.g., in the same industry or geographical areas)—into their compliance programs. For example, prosecutors will consider whether companies have processes to assess risk and update policies and training with lessons learned.
      • Protecting Whistleblowers: Prosecutors will also assess commitments to whistleblower protection and anti-retaliation, including whether companies encourage employees to speak up and report misconduct or whether they use practices to chill reporting. These changes align with the DOJ’s aim to encourage whistleblower reporting through its new Corporate Whistleblower Awards Pilot Program.  
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Photo of Peter J. Eyre Peter J. Eyre

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and…

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and has been named an Acritas Star, Acritas Stars Independently Rated Lawyers (2016, 2017, 2019). He is nationally ranked by Chambers USA in Government Contracts since 2014, and by Super Lawyers since 2017.

Photo of Lorraine M. Campos Lorraine M. Campos

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine…

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine regularly counsels clients on all aspects of the General Services Administration (GSA) and the U.S. Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) programs. She also routinely advises clients on the terms and conditions of these agreements, including the Price Reduction Clause, small business subcontracting requirements, and country of origin restrictions mandated under U.S. trade agreements, such as the Trade Agreements Act and the Buy American Act. Additionally, Lorraine advises life sciences companies, in particular, pharmaceutical and medical device companies, on federal procurement and federal pricing statutes, including the Veterans Health Care Act of 1992.

Lorraine has been ranked by Chambers USA since 2013, and she was recognized by Profiles in Diversity Journal as one of their “Women Worth Watching” for 2015. Additionally, Lorraine is active in the American Bar Association’s Section of Public Contract Law and serves as co-chair of the Health Care Contracting Committee.

Photo of Preston Pugh Preston Pugh

Preston Pugh helps companies, board committees and large organizations conduct internal investigations and respond to government investigations, often stemming from high stakes whistleblower complaints. He is a partner at Crowell & Moring and co-leads its False Claims Act Practice. For more than 20…

Preston Pugh helps companies, board committees and large organizations conduct internal investigations and respond to government investigations, often stemming from high stakes whistleblower complaints. He is a partner at Crowell & Moring and co-leads its False Claims Act Practice. For more than 20 years, he has helped clients navigate many different types of crises—including commercial and government contract fraud investigations; C-suite corporate ethics concerns; whistleblower retaliation claims; broad-based harassment and discrimination complaints; investigations by Congress; and related litigation. He has been recognized by the Legal 500 for his work in investigations.

Photo of M.Yuan Zhou M.Yuan Zhou

M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations related to…

M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations related to the False Claims Act, the Procurement Integrity Act, and other civil and criminal matters; compliance reviews and enhancing contractor compliance programs; representing clients in suspension and debarment proceedings; counseling on data rights issues, challenges, and disputes; mandatory disclosures; and providing government contracts due diligence in transactional matters. As part of the firm’s State and Local Practice, Yuan also counsels clients on state and local procurement issues, ranging from bid protests to contract negotiations with state agencies, and advises prime contractors and subcontractors on a variety of issues including prime/sub contract formation, disputes, and other government contracts issues.

Photo of Laura J. Mitchell Baker Laura J. Mitchell Baker

Laura J. Mitchell Baker is a counsel with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office.

Laura represents government contractors in litigation and administrative matters, including contract disputes with state and federal entities, suspension and debarment proceedings, mandatory disclosures…

Laura J. Mitchell Baker is a counsel with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office.

Laura represents government contractors in litigation and administrative matters, including contract disputes with state and federal entities, suspension and debarment proceedings, mandatory disclosures to the government, prime-sub disputes, and False Claims Act investigations. Her practice also includes counseling on federal, state, and local government contracts, government contracts due diligence, and regulatory and compliance matters, as well as conducting internal investigations.

Photo of Rina Gashaw Rina Gashaw

Rina M. Gashaw is an associate in the firm’s Washington, D.C. office, where she is a member of the Government Contracts Group. Rina’s practice focuses on a range of government contracts issues, including government investigations, client counseling, and providing government contracts due diligence…

Rina M. Gashaw is an associate in the firm’s Washington, D.C. office, where she is a member of the Government Contracts Group. Rina’s practice focuses on a range of government contracts issues, including government investigations, client counseling, and providing government contracts due diligence in transactional matters. Her practice also includes bid protests before the Government Accountability Office and the U.S. Court of Federal Claims.

Photo of Chris Murphy Chris Murphy

Chris Murphy is an associate in the New York office of Crowell & Moring, and a member of the firm’s Antitrust and Competition and White Collar and Regulatory Enforcement practices. His practice is focused on counseling and representing corporate and individual clients in

Chris Murphy is an associate in the New York office of Crowell & Moring, and a member of the firm’s Antitrust and Competition and White Collar and Regulatory Enforcement practices. His practice is focused on counseling and representing corporate and individual clients in regulatory enforcement actions, government investigations, white collar criminal defense matters, and internal investigations. Chris counsels large companies in risk-assessment and regulatory compliance as well as individual clients on complex civil litigation issues. Chris represents corporations and executives in criminal and related regulatory and complex civil matters, including internal investigations and parallel proceedings by the U.S. Department of Justice, Securities and Exchange Commission, and State Attorneys Generals.

Photo of Michael Atkinson Michael Atkinson

Michael K. Atkinson is the former chief watchdog of the U.S. intelligence agencies and served in senior U.S. Department of Justice roles spanning two decades. He has led dozens of high-profile investigations and offers clients a rare combination of experience in criminal defense…

Michael K. Atkinson is the former chief watchdog of the U.S. intelligence agencies and served in senior U.S. Department of Justice roles spanning two decades. He has led dozens of high-profile investigations and offers clients a rare combination of experience in criminal defense and corporate compliance. Michael’s practice focuses on white collar defense, national security, internal and congressional investigations, and parallel civil and regulatory enforcement proceedings. His work also includes high-stakes compliance advice on strategic issues such as cross-border investigations and the use of artificial intelligence/machine learning (AI/ML) programs. He is a partner in the firm’s Washington, D.C. office, working with the White Collar & Regulatory Enforcement and Investigations groups. Michael is also a co-leader of the firm’s National Security Practice and Whistleblower Working Group.

Photo of Jennie Wang VonCannon Jennie Wang VonCannon

Jennie VonCannon is a trial lawyer with a proven track record of success in both the courtroom and the boardroom — with extensive experience in white collar defense and cybersecurity matters. Jennie helps clients in crisis with internal investigations, law enforcement and regulatory…

Jennie VonCannon is a trial lawyer with a proven track record of success in both the courtroom and the boardroom — with extensive experience in white collar defense and cybersecurity matters. Jennie helps clients in crisis with internal investigations, law enforcement and regulatory inquiries and subpoenas, and cybersecurity and privacy incidents. Her impeccable judgment has been honed over 11 years as a federal prosecutor, culminating in her selection to serve with distinction as the deputy chief of the Cyber and Intellectual Property Crimes Section of the National Security Division of the U.S. Attorney’s Office for the Central District of California.

Photo of David H. Favre David H. Favre

David’s practice focuses on government contracts and white collar matters, including investigations and bid protests.  He draws on his prior service at the U.S. Court of Federal Claims to help counsel government contractors on a range of issues.

David advises clients on government

David’s practice focuses on government contracts and white collar matters, including investigations and bid protests.  He draws on his prior service at the U.S. Court of Federal Claims to help counsel government contractors on a range of issues.

David advises clients on government investigations and bid protests before the Government Accountability Office and the U.S. Court of Federal Claims. With the challenge of meeting accelerated timelines and complex bid protest requirements, his prior government experience adds value to the strategies he recommends to clients.

Before joining the firm, David clerked for the Honorable Richard A. Hertling on the U.S. Court of Federal Claims.

While at Georgetown University Law Center, David represented juveniles in delinquency proceedings in D.C. Superior Court with the Juvenile Justice Clinic. He served on the American Criminal Law Review, where he was an editor of the Annual Survey of White Collar Crime articles on health care fraud, Racketeer Influenced and Corrupt Organizations, and false statements and false claims. He also interned for the Honorable Rosemary M. Collyer on the U.S. District Court for the District of Columbia.

David served as a combat engineer in the U.S. Marine Corps. He is a veteran of Operation Enduring Freedom in Afghanistan.