The Yates Memo and Its Effect on Investigations

The Yates memo, September 9, 2015, issued new guidance regarding individual accountability for corporate wrongdoing. Although some of its major points largely reflect and expand upon existing practices regarding the investigation and prosecution of corporate wrongdoing, other aspects of the memo introduce new challenges for corporate internal investigations—particularly with regard to the ability to protect privileged information while still receiving credit for cooperating with a government investigation.

This has tremendous implications for companies engaged in internal or other investigations. Life sciences and environmental companies, as well as those in financial services, face particular challenges. Below are a variety of resources to educate you and keep you informed as the effects of the memo continue to develop.

Sidley Updates

• New DOJ Guidance Puts Emphasis on Identifying Culpable Individuals in Corporate Internal Investigations: Environmental Enforcement Implications, September 17, 2015
• The DOJ’s New Focus on Individual Accountability: D&O Insurance Implications, September 16, 2015
• The DOJ’s New Focus on Individual Accountability: Implications for Life Sciences Companies, September 15, 2015
• New DOJ Guidance Puts Emphasis on Identifying Culpable Individuals in Corporate Internal Investigations, September 11, 2015

Blog Postings and Social Media

• Indictments of Individuals Shed More Light on Warner Chilcott Enforcement Action, Original Source: The Sidley Austin False Claims Act Blog, November 6, 2015
• The Yates Memo Has Teeth: DOJ Indicts Pharmacy Executive In Connection with Wide-Ranging FCA Settlement, Original Source: The Sidley Austin False Claims Act Blog, October 30, 2015
• Yates Memo Sets Forth Aggressive View of FCA’s Cooperation Clause, But Whether Courts Will Follow Remains To Be Seen, Original Source: The Sidley Austin False Claims Act Blog, October 5, 2015
• New DOJ Guidance Puts Emphasis on Identifying Culpable Individuals in Corporate Internal Investigations, Original Source: The Sidley Austin False Claims Act Blog. September 14, 2015

Interested parties can sign-up for email alerts that will notify them when new posts are added to the blog or follow @FalseClaims_Act on Twitter for updates.

Other Resources

• Deputy Attorney General Sally Quillian Yates Delivers Remarks at American Banking Association and American Bar Association Money Laundering Enforcement Conference, November 16, 2015
• Deputy Attorney General Sally Quillian Yates Delivers Remarks at New York University School of Law Announcing New Policy on Individual Liability in Matters of Corporate Wrongdoing, September 10, 2015
• U.S. Department of Justice Office of the Deputy Attorney General: Individual Accountability for Corporate Wrongdoing: Yates Memo, September 9, 2015
• Assistant Attorney General Leslie R. Caldwell Delivers Remarks at the New York City Bar Association’s Fourth Annual White Collar Crime Institute, May 12, 2015

Previous Events

• Litigating with the SEC, October 29, 2015
• Environmental Enforcement Implications of the Yates Memo, Sidley Webinar, October 28, 2015 
• DOJ’s New Policy on Prosecution of Individuals: What Has Changed? What Issues Does It Raise?, October 7, 2015 

Please contact nyevents@sidley.com for more information on past events.

Contacts

White Collar: Government Litigation & Investigations

• James M. Cole
• Timothy J. Treanor
• Mark D. Hopson

Banking and Financial Services

• Susan L. Merrill 
• Karen A. Popp

Life Sciences

• Raymond A. Bonner
• Paul E. Kalb, MD
• Kristin Graham Koehler

Environmental

• David T. Buente, Jr.
• Benjamin E. Tannen
• Timothy K. Webster

False Claims Act

• Scott D. Stein

Corporate Governance

• Holly J. Gregory

Antitrust

• William Blumenthal
• Peter Huston