Global Investigations Review (GIR): The Guide to Monitorships – Facing the Hurdles in Concurrent Monitorships

US government agencies and other oversight entities regularly use independent monitors as a reliable and effective compliance tool. A company may be subject to multiple settlement agreements – or probation orders – with different government agencies or oversight entities, which may substantiate the need for multiple independent monitors during any period that the agreements overlap. This is referred to as ‘concurrent monitors or monitorships’.

Where concurrent monitors have been appointed in recent years, rationale has included (1) new penalties stemming from subsequent violations, (2) multiple agreements with different regulatory or oversight agencies, and (3) international jurisdictional requirements. 

This chapter focuses on the unique challenges posed by concurrent monitorships regardless of how they come into existence; significant topics for those vested in, or affected by, the practice of concurrent monitorships; and key takeaways for monitors, companies, counsel and their respective consultants to consider. 

This chapter was first published with the Global Investigations Review in May 2024.