DOJ Required to Produce to Media Organization Certain Information Related to Siemens AG Monitor

Yesterday, a federal court in the District of Columbia ruled in 100Reporters LLC v. U.S. Dept. of Justice that, pursuant to a Freedom of Information Act (FOIA) request submitted by a media organization, DOJ must produce certain records related to the monitorship imposed on Siemens AG as part of its 2008 plea agreement to resolve its liability under the Foreign Corrupt Practices Act. The court’s decision upends a longstanding presumption by companies subject to independent compliance monitors that information and documents provided to a monitor will remain confidential.

In this alert, we discuss the ramifications of the court’s decision and provide initial guidance to companies negotiating potential independent compliance monitor agreements with the DOJ and SEC.

View the alert.