Document Type
Chapter of Book
Publication Date
2021
Abstract
This chapter outlines the history and use of monitors in various contexts, beginning with the original conception of a court-appointed monitor and ending with the more recent development of the public relations and modern-day court-ordered monitor. It next discusses how the specific type of monitorship alters the duties and confidentiality expectations of the parties to the monitorship in both formal and informal ways. Next, it analyzes the sparse regulation of monitorships, suggesting that reputation may currently be the most effective limit on monitor overreach and capture. Finally, it ends by proposing two areas for scholarly focus going forward: (1) mechanisms for formally regulating monitors, and (2) empirical study of the overall effectiveness of monitorships.
Citation
Veronica Root Martinez, Third Party and Appointed Monitorships, in Cambridge Handbook of Compliance 605-615 (Benjamin van Rooij & D. Daniel Sokol eds., 2021)
Library of Congress Subject Headings
Ethics and compliance officers, Corporation law, Corporations--Corrupt practices, Compliance auditing
Included in
Business Law, Public Responsibility, and Ethics Commons, Commercial Law Commons, Legal Ethics and Professional Responsibility Commons
DOI: https://doi.org/10.1017/9781108759458.041
Available at: https://scholarship.law.duke.edu/faculty_scholarship/4604
Comments
© Cambridge University Press 2021. This version is free to view and download for private research and study only. Not for re-distribution or re-use.