
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: February 4, 2026

Counsel
212-286-0747 dbrecher@sh-law.com
Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working.
In today’s heightened regulatory environment, compliance is critical to the success of any business. Compliance monitoring routinely assesses whether your business is adhering to regulatory requirements, including internal policies, applicable laws and regulations, and industry-specific standards.
Compliance monitoring generally involves regular oversight of processes, conducting audits, and reviewing records to identify non-compliant areas and take corrective action. By contrast, audits are typically periodic and retrospective, while investigations are reactive and triggered by potential misconduct.
Regulators across industries increasingly emphasize compliance monitoring as a core indicator of whether an organization’s compliance framework is effective, credible, and capable of preventing misconduct before it escalates into enforcement action. New York and New Jersey businesses that can demonstrate robust monitoring are also better positioned to show good-faith efforts to prevent violations, which may influence charging decisions, penalties, and settlement terms.
When done well, compliance monitoring can also:
Regulatory requirements can vary widely depending on the industry, location, and nature of your business. Before implementing a compliance monitoring program, it’s important to define and set your objectives, carefully tailoring your approach to your unique business.
Adhering to best practices can also help develop an effective compliance monitoring program. Below are several to consider:
Monitoring should be aligned with the organization’s specific risk profile. A “one-size-fits-all” approach often results in under-monitoring critical risks and over-monitoring low-risk activities. High-risk business units, geographies, transactions, or third-party relationships warrant more frequent and detailed oversight.
Without accountability, monitoring becomes a box-checking exercise. While compliance teams often design monitoring protocols, business units play a critical role in execution. Effective programs define:
Modern compliance monitoring increasingly relies on data analytics. Transaction testing, exception reports, and trend analysis allow organizations to identify anomalies that merit further review. To truly add value, metrics should be meaningful. High volumes of reports or training completions alone do not demonstrate effectiveness. Instead, organizations should focus on indicators that reflect behavioral outcomes and control performance.
Thorough documentation and reporting are essential to an effective compliance monitoring program. While the specific content may vary by audience, i.e., regulators vs. senior management, compliance reports should outline the organization’s position on compliance, highlight any non-compliant areas, and detail remediation efforts. It is also imperative to maintain audit trails, properly manage version control, and ensure that all compliance-related documentation is securely stored.
Monitoring is only valuable if issues are addressed. In many cases, failure to remediate known issues may be viewed more harshly than the underlying violation itself.
Effective programs include:
Monitoring should inform and be informed by other compliance activities, such as risk assessments, training, policy updates, and internal audits. Feedback loops help ensure the program evolves alongside your company’s risk landscape.
Compliance monitoring is no longer considered optional. It is a central element of any credible compliance program and a key factor regulators consider when evaluating organizational conduct. New York and New Jersey businesses that invest in thoughtful, risk-based monitoring—supported by data, accountability, and remediation—are better positioned to prevent misconduct, respond effectively when issues arise, and demonstrate a genuine commitment to compliance.
Scarinci Hollenbeck works with businesses of various sizes and across a wide range of industries. Our team of New York and New Jersey business attorneys relies on best practices and proven strategies to help businesses establish effective corporate compliance programs and maintain compliance in response to regulatory changes.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!