The Department of Justice's compliance program guidance may take a dramatic turn when the Trump administration takes office in 2025. In a recent Q&A interview with Corporate Compliance Insights, former federal prosecutor and Keker partner Andrew Dawson considers the impact the new administration will have on the DOJ’s priorities and how that affects corporate compliance professionals.
Dawson thinks that the incoming Trump administration is unlikely to continue to prioritize the guidance updates in the DOJ’s “Evaluation of Corporate Compliance Programs” (ECCP), introduced in September 2024.
“This emphasis seems to have been the result of commitment from a core group of individuals within the department, with (Deputy Attorney General Lisa) Monaco leading the charge. …,” Dawson states. “While we can’t be sure which specific people will staff the relevant DOJ components in the next administration, none of the presumptive nominees thus far share DAG Monaco’s history in this area.”
Dawson says compliance professionals should expect broad changes in corporate oversight under the Trump administration. Dawson pointed out that deregulation and pro-business policies have traditionally dominated Republican platforms, and similar trends could emerge in 2025.
“If the past is any guide, we can expect far less scrutiny of corporate misconduct, and I imagine the DOJ’s resources and personnel will be re-directed elsewhere,” Dawson explains. “Though there are some areas where the populist coalition surrounding Trump could upset traditional expectations of conservative priorities — J.D. Vance, for example, has spoken approvingly of the FTC chair, Lina Khan, and her aggressive posture toward technology companies.”
Looking ahead, Dawson said companies will still need to manage compliance. “One virtue of the department’s ongoing focus on compliance and its broadcasting of the risks of non-compliance is that companies are on notice of the downsides of poorly designed or implemented compliance programs,” Dawson said. “This should help persuade companies that compliance teams serve vital, mission-critical interests, which in turn should give leverage to compliance teams to get adequate resources.”
As compliance professionals navigate the uncertainties of a new administration, Dawson's insights serve as a pragmatic guide to anticipating the shifting landscape of corporate enforcement and adapting under the incoming Trump administration.
Click here to read the full interview.