The Guide to Monitorships - Edition 2

Since WorldCom, the United States Department of Justice and other agencies have imposed more than 80 monitorships on a variety of companies, including some of the world’s best-known names. The terms of these monitorships and the industries in which they have been employed vary widely. Yet many of the legal issues they raise are the same. To date, there has been no in-depth work that examines them.

GIR's The Guide to Monitorships fills that gap. Written by contributors with first-hand experience of working with or as monitors, it discusses all the key issues, from every stakeholder’s perspective, making it an invaluable resource for anyone interested in understanding or practising in the area.

Contents:

Preface

Introduction
Anthony S Barkow and Michael W Ross

Part I: An Overview of Monitorships

• Changing Corporate Culture
  Neil M Barofsky, Matthew D Cipolla and Erin R Schrantz
• The Life Cycle of a Monitorship
  Thomas J Perrelli
• The Foreign Corrupt Practices Act
  Nicholas S Goldin and Joshua A Levine
• The Securities and Exchange Commission
  Ashley Baynham and Rachel Wolkinson
• When to Appoint a Monitor
  Bart M Schwartz

Part II: Experts’ Perspectives

• An Academic Perspective
  Mihailis E Diamantis
• An In-House Perspective
  Jeffrey A Taylor
• A Forensic Perspective: Testing and Verification of the Assertions Made Within Settlement Agreements
  Loren Friedman, Thomas Cooper and Nicole Sliger

Part III: International and Cross-Border Monitorships

• Monitorships in East Asia
  Jason J Kang, Daniel S Lee, Nan Wang, Ryan Middlemas and Hangil Lee
• Switzerland-Ordered Monitorships
  Simone Nadelhofer and Daniel Lucien Bühr
• Monitorships in the United Kingdom
  Judith Seddon, Chris Stott and Andris Ivanovs
• US-Ordered Cross-Border Monitorships
  Gil M Soffer, Nicola Bunick and Johnjerica Hodge

Part IV: Sectors and Industries

• The Healthcare Industry
  David W Ogden, Ronald C Machen, Stephen A Jonas, Ericka Aiken and
James D Barton
• The Financial Services Industry
  Günter Degitz and Rich Kando
• Energy and the Environment
  Mark Filip, Brigham Cannon and Nicolas Thompson
• Unions
  Glen G McGorty and Lisa Umans
• Consumer-Relief Funds
  Michael J Bresnick
• Sanctions Monitorships
  Ellen S Zimiles, Patrick J McArdle, Steven McCarthy and Jeremy Robb
• The Pharmaceutical Industry and the Controlled Substances Act – A Distinct Breed of Monitorship
  Jodi Avergun, Todd Blanche and Christian Larson
• Leveraging Forensic Accountants
  Frances McLeod, Emma Hodges, Neil Goradia, Jenna Voss and Samantha Hsu

Part V: Key Issues

• Privilege and Confidentiality
  Daniel W Levy and Doreen Klein
• Judicial Scrutiny of DPAs and NPAs
  John Gleeson

Conclusion
Anthony S Barkow, Neil M Barofsky and Thomas J Perrelli