Professor David Hess is a thought leader in using new governance regulatory theory to advance the effective and efficient use of corporate monitors in U.S. and international settings. Hess and his co-authors published their first research on the topic in 2008 in the Cornell International Law Journal.
Since then, David has become a recognized thought leader with multiple published articles and book chapters on using monitors in settlement agreements to battle corruption and cultivate ethical behavior.
Based on his expertise, in 2013, the American Bar Association's Task Force on Standards for Monitors asked Hess to serve as its reporter. In 2020, the ABA published the 77-page Criminal Justice Monitors and Monitoring Standards. Hess' role as a reporter required that he draft and revise the standards before each meeting to reflect task force input.
This required legal research and drafting of explanatory memoranda as well as responding to comments and concerns of task force members and ABA officials. The Standards are used by companies, prosecutors, and judges when considering the use of corporate monitors with Deferred Prosecution Agreements or other settlement agreements resulting from concerns about fraud or other misconduct. The Standards may be used by other countries when establishing monitoring programs.