The Better Way? Podcast
When the DOJ sneezes, the compliance community has a habit of mad dashing to the emergency room. And that’s pretty much what happened when the Department of Justice rolled out its “new” Corporate Enforcement Policy last month. And so, in this episode of The Better Way?, Zach and Hui—somewhat reluctantly—provide a high-level overview of the policy itself, before digging into a recent Law360 article Hui wrote in response. Together, they separate what’s truly new from what’s largely recycled and explain why the policy’s promises of clarity and certainty are far more complicated than the headlines suggest. Hui argues that the policy rests on an assumption that no longer holds: a stable, predictable enforcement environment. She points to shifting prosecutorial priorities, declining capacity, increased politicization, and a changing bargaining landscape. Instead of treating disclosure as the default “right” answer, Hui calls for rigorous critical thinking: weighing the strength of the evidence, the likelihood of detection, and the real‑world consequences of each option. Along the way, the conversation reframes the compliance program not as a shield against prosecution, but as a tool for detecting signals and enabling better decisions. The takeaway: slow down, look past the hype and headlines, and ground compliance decisions in context, evidence, and thoughtful analysis—not fear.
31 episodios
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