In September, 2015, the Deputy Attorney General of the United States, Sally Yates, issued a memorandum directing all federal prosecutors to consider holding individuals accountable when investigating and resolving allegations of corporate misconduct. Among other things, the new policy requires corporations to disclose to the government all relevant facts relating to individual misconduct to be eligible for "cooperation credit."
The so-called "Yates Memo" raises complex questions that influence how corporate internal investigations are conducted, such as whether traditional “Upjohn warnings” remain sufficient, and how in-house counsel can conduct an appropriate internal investigation while also fulfilling duties as legal advisor to the company and members of management, some of whom may be within the scope of the investigation.
Join Faegre Baker Daniels, the Minnesota Chapter of the Federal Bar Association's White-Collar Crime Practice Group, PwC, current and former United States Attorneys, in-house counsel, and forensics professionals for a panel discussion addressing what the Yates Memo means in practice.
Questions? Contact Mesha Hegna at +1 612 766 7145 or mesha.hegna@FaegreBD.com.