On September 9, 2015, Deputy Attorney General Sally Quillian Yates issued a memorandum to all federal prosecutors regarding “Individual Accountability for Corporate Wrongdoing” (the “Yates Memo”). The Yates Memo built upon many years of guidance from the Department of Justice (“DOJ”) and announced certain policy shifts and best practices for prosecutors in their pursuit of civil and criminal actions against individuals in the context of investigations of corporate misconduct. While many of the guiding principles and policy pronouncements sounded strikingly similar to prior DOJ guidance, the Yates Memo contains at least two significant changes that companies should bear in mind when conducting internal investigations.
Continue Reading The Yates Memo: Have the Rules Really Changed?