Tag Archives: Yates Memo

Deputy AG Emphasizes Continued Individual Accountability for Corporate Misconduct

As observers have been monitoring the evolving policies and priorities of the Department of Justice in the Trump administration, one of the questions has been what the agency’s approach will be to the guidelines laid out in the so-called Yates Memo. The Yates Memo, named for its author, the former Deputy Attorney General and former … Continue Reading

Will the DOJ Priorities in the Yates Memo Continue in the New Administration?

Among the many questions surrounding the new incoming Presidential administration is the question of what direction the Trump administration will go with criminal and regulatory enforcement. And among the many specific questions under that topic heading is the question of whether or not the Department of Justice will continue the current agency policy of giving … Continue Reading

The Yates Memo and Civil Liability for Corporate Directors and Officers

It has now been over a year since the U.S. Department of Justice released the so-called Yates Memo, in which the agency stated its policy focused on individual accountability for corporate wrongdoing. As attorneys from the McDermott, Will & Emery firm noted in an October 11, 2016 post on the Harvard Law School Forum on Corporate … Continue Reading

Will the Yates Memo’s Emphasis on Individual Prosecution Have A Counterproductive Impact?

In a September 9, 2015 memo from Deputy Attorney General Sally Yates, the U.S. Department of Justice described a new policy focused on individual accountability for corporate wrongdoing. The keystone of the policy embodied in the Yates memo is that for companies to receive any cooperation credit, they must completely disclosure “all relevant facts about individual misconduct.”  According … Continue Reading

The Yates Memo and the Potential Liabilities of Corporate Directors

Last September, amidst considerable fanfare, the U.S. Department of Justice released a new directive – now universally known as the Yates Memo – in which it restated and reinforced the agency’s commitment to targeting corporate executives in cases of corporate wrongdoing. The cornerstone of the agency’s new policies is the specification that in order for … Continue Reading

Corporate Indemnification and the Yates Memo

Although it is not something that is often considered, D&O insurance is in many ways a financial tool allowing companies to manage their indemnification obligations to their directors and officers. The D&O policy’s reimbursement coverage recompenses the company when it honors its indemnification obligations to its corporate officials, and the policy’s individual coverage (usual referred … Continue Reading
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