Key Considerations for US-ordered Cross-Border Monitorships

Global Investigations Review
32 minute read | May.29.2024

Monitorships that include a cross-border aspect, which almost always involve multinational companies, deserve special consideration. Although many think of monitorships, particularly those ordered by the US Department of Justice (DOJ), as inherently international, that is not true in every case. But when the monitor is required to review an entity’s operations in countries outside of the United States, a successful cross-border monitorship requires attention to the special challenges that this dynamic presents.

In addressing the intricacies of cross-border monitorships, companies are advised to proactively establish guidelines that mitigate stakeholder liability and promote a culture of open communication, Orrick’s Daniel R. Alonso and David Rhinesmith say in their recent chapter in the Global Investigations Review, The Guide to Monitorships - 4th Edition.

They explore the challenges of cross-border monitorships and emphasize the importance of understanding cultural differences, legal considerations and the difficulties of overseeing multinational companies' compliance per agreements set forth by the DOJ.