Addressing DOJ’s New Compliance Focus on Executive Compensation

By Ralph E. DeJong, Michael W. Peregrine, Sarah Walters and Eugene I. Goldman on May 19, 2023

The new compliance focus on executive compensation, as announced by the US Department of Justice (DOJ) on March 3, 2023, has significant implications for how healthcare organizations address both corporate compliance and compensation programs for their executives. It also raises new issues for the board of directors’ oversight of compliance and compensation functions.

In a recent webinar, McDermott’s Ralph E. DeJong, Michael W. Peregrine, Sarah E. Walters and Eugene I. Goldman discussed the new policies, possible responses by management and boards, and potential strategies for responding to the policy goals of the DOJ and the Delaware Chancery Court.

Access the webinar and top takeaways here.

Tags: Biden administration, Delaware Chancery Court, executive compensation committee, healthcare organizations, Pilot Program Regarding Compensation Incentives and Clawbacks, SEC, Securities and Exchange Commission, US Department of Justice (DOJ)

Ralph E. DeJong
Ralph E. DeJong advises clients on the compensation, executive benefits and employee benefits of tax-exempt organizations. He provides counsel on designing and preparing deferred and incentive compensation arrangements, leading governing boards in the review and approval of executive and physician compensation arrangements, negotiating and preparing executive and physician employment agreements, and analyzing the private inurement and intermediate sanctions implications of executive and physician compensation and benefit arrangements. Read Ralph DeJong's full bio.

Michael W. Peregrine
Michael W. Peregrine represents corporations (and their officers and directors) in connection with governance, corporate structure, fiduciary duties, officer-director liability issues, charitable trust law and corporate alliances. Michael is recognized as one of the leading national practitioners in corporate governance law. Read Michael W. Peregrine's full bio.

Sarah Walters
Sarah Walters is an experienced trial lawyer who focuses her practice on white collar criminal defense, regulatory enforcement and compliance matters, and complex civil litigation. In addition to both criminal and civil trial work, Sarah has substantial experience conducting internal investigations and assists companies in developing compliance policies and training programs. Read Sarah Walters's full bio.

Eugene I. Goldman
Eugene I. Goldman represents domestic and international clients before the US Securities and Exchange Commission (SEC) in financial fraud, auditor misconduct, false disclosure, insider trading and other securities proceedings. He also represents audit committees in internal investigations as well as clients in shareholder litigation, cross-border Foreign Corrupt Practices Act (FCPA) investigations, and the Financial Industry Regulatory Authority (FINRA) and the Public Company Accounting Oversight Board (PCAOB) proceedings. Read Eugene Goldman's full bio.

Addressing DOJ’s New Compliance Focus on Executive Compensation

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