DOJ's New Self-Disclosure Rules: Decide Fast or Lose the Credit

June 24
37 mins

Episode Description

What General Counsel and Business Leaders Need to Know

  • One National Standard: The U.S. Department of Justice's (DOJ's) Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) creates a national policy for how the DOJ may award companies cooperation credit for the voluntary self-disclosure of corporate misconduct in the criminal context.
  • A 120-Day Clock: The CEP gives a company 120 days to self-report after a whistleblower's internal complaint, signaling that the DOJ may treat anything past roughly four months as untimely—far less time than most internal investigations take to finish.
  • Disclosure as a Business Decision: A company's decision to self-disclose misconduct is no longer just a legal judgment call but a business-critical risk decision that can have real financial and reputational consequences.

In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Zachary S. Taylor, Melissa L. Jampol, and Elena M. Quattrone break down the DOJ's new CEP and what it means for how quickly companies must investigate, escalate, and decide whether to self-disclose potential misconduct.

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Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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