
The Guide to Monitorships - Edition 2
Pages: 255
ISBN: 978-1-83862-270-1
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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
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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
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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
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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
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The Healthcare Industry
David W Ogden, Ronald C Machen, Stephen A Jonas, Ericka Aiken and
James D Barton
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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
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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