The first two months of 2023 have seen considerable corporate enforcement guidance announcements in both the United States and France. The DOJ issued revised guidance governing voluntary disclosures, cooperation, remediation, and evaluation of compliance programs. And the French National Prosecutor Office similarly announced new guidelines on its corporate enforcement efforts and negotiated resolutions. In this guest article, Dan Kahn, a partner at Davis Polk, and Sophie Scemla, a partner at Gidde Loyrette Nouel, explain that though there are differences in the agencies’ approaches to corporate enforcement, these differences are becoming increasingly smaller, and the similarities are growing larger. They discuss how these changes are important for companies to consider as they determine whether and when to voluntarily-self disclose identified misconduct, and how to approach cooperation and remediation. See “Insiders Tsao, Soltes and Kahn Share Insights on Investigations
” (Jan. 4, 2023).