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Department of Justice (DOJ) Professional Misconduct

K&L Gates LLP

Federal Court Ruling Creates Possible Harbinger for Information Shared from Internal Investigations with the Government

K&L Gates LLP on

Introduction - Privilege assertions and waivers are a hot area for internal investigations and government proffers. One burning question centers around whether a party may claim privilege over materials that it furnished to...more

Eversheds Sutherland (US) LLP

US Department of Justice adopts “bold” approach to prosecuting corporate crime and will engage in “rigorous enforcement”

On October 28, 2021, Deputy Attorney General (Deputy AG) Lisa O. Monaco gave remarks explicitly warning companies that the US Department of Justice (DOJ) intends to increase its efforts and devote additional resources to...more

Vinson & Elkins LLP

What (The Anticipation Of) Whistleblowers Can Do For Your Company

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As discussed in our recent blog post, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”) was, earlier this year, assigned for implementation to Occupational Safety and Health Administration’s (“OSHA”) Whistleblower...more

Womble Bond Dickinson

Year One of Trump’s DOJ: An Overview of the Four Major Categories of Offenders

Womble Bond Dickinson on

This article is the second in a series analyzing the Sourcebook of Federal Sentencing Statistics for Fiscal Year 2018, recently released by the United States Sentencing Commission. As discussed in our first article, the...more

Womble Bond Dickinson

Year One of Trump’s DOJ: Drilling Down Into The National Numbers

Womble Bond Dickinson on

Here’s a closer look at some information underlying the national statistics from the 2018 Sourcebook of Federal Sentencing Statistics... As noted in the main article, there were 69,425 federal offenders who were sentenced...more

Womble Bond Dickinson

Year One of Trump’s DOJ: The National Criminal Sentencing Statistics

Womble Bond Dickinson on

The United States Sentencing Commission has issued its 2018 Sourcebook of Federal Sentencing Statistics. The Sourcebook is an annual collection of data related to the federal criminal cases that resulted in an offender being...more

Farrell Fritz, P.C.

Need For Discretion In Civil DOJ Cases Drives Rosenstein To Modify Yates Memorandum Individual Accountability Policy

Farrell Fritz, P.C. on

In federal criminal investigations, corporate health care providers have faced a Department of Justice increasingly focused on individuals, one that has limited or foreclosed cooperation credit for corporations not providing...more

Holland & Knight LLP

DOJ Announces Changes to Policy on Individual Accountability in Corporate Cases

Holland & Knight LLP on

In 2017, the U.S. Department of Justice (DOJ) initiated a review of its 2015 policy concerning individual accountability in corporate cases (known as the "Yates Memo"). In the course of that review, the DOJ considered...more

The Volkov Law Group

A Fair Assessment of the Impact of the Yates Memorandum

The Volkov Law Group on

Never argue with stupid people, they will drag you down to their level and then beat you with experience. – Mark Twain If only Mark Twain were alive today, he would have many opportunities to articulate his wisdom,...more

Dorsey & Whitney LLP

DOJ Foreshadows Future Certification Requirement for Businesses to Receive Cooperation Credit

Dorsey & Whitney LLP on

Last fall, Deputy Attorney General Sally Yates announced (Yates memo) that the DOJ would require businesses to share all relevant facts about individuals when disclosing misconduct to be entitled to cooperation credit. The...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Mintz - Health Care Viewpoints

Yates Memo Discussed at Pharmaceutical Compliance Congress

As readers of Health Law and Policy Matters know, we have covered recent developments in the Department of Justice’s (DOJ’s) commitment to prosecuting individuals involved in corporate misconduct. A flurry of activity on...more

McDermott Will & Emery

Focus on China - October 2015

McDermott Will & Emery on

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

The Volkov Law Group

Yates and Outsourcing Government Investigations

The Volkov Law Group on

The Justice Department’s recent Yates memorandum on individual accountability is a significant event. Sure, you can always find members of the FCPA Paparazzi who will discount the memo, or relegate it to a mere “political”...more

Parker Poe Adams & Bernstein LLP

New DOJ Corporate Prosecution Guidelines

On September 9, 2015, United States Deputy Attorney General Sally Yates released a memorandum titled “Individual Accountability for Corporate Wrongdoing,” the latest in a series of corporate prosecution guidelines written by...more

BakerHostetler

DOJ Takes Aim at Responsible Individuals in Corporate Investigations

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U.S. Deputy Attorney General Sally Quillian Yates recently announced new instructions for attorneys at the U.S. Department of Justice (DOJ), outlining in a memorandum the DOJ’s policies with respect to civil and criminal...more

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part I – The Yates Memo

This is the day that the US government traditionally celebrates Columbus’ discovery of the Americas, in the form of Columbus Day. My grandfather emigrated from Italy so he always took Columbus Day as his heritage day. My...more

Morrison & Foerster LLP

KBR And Maintaining Privilege Throughout Investigations

Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more

Mintz - Health Care Viewpoints

DOJ Clarifies Position on Individual Accountability in Corporate Investigations

Earlier this month, we discussed a memorandum issued by Deputy Attorney General Sally Quillian Yates of the U.S. Department of Justice (DOJ). This memorandum, referred to as the “Yates Memo,” reaffirms the Government’s...more

Baker Donelson

Department of Justice Mandate: Prosecute Individuals for Corporate Wrongdoing

Baker Donelson on

On September 9, 2015, Sally Quillian Yates, the Deputy Attorney General of the U.S. Department of Justice (DOJ), issued a directive to the leaders of the divisions of the DOJ and to U.S. Attorneys to combat corporate fraud by...more

Mintz - Securities & Capital Markets...

Assistant Attorney General Caldwell Clarifies Application of Yates Memo on Individual Accountability

On September 22, 2015, the U.S. Department of Justice’s Assistant Attorney General in charge of the Criminal Division, Leslie R. Caldwell, spoke at the Global Investigations Review Conference in New York, addressing the...more

Holland & Knight LLP

DOJ Targets Executives and Individuals in Corporate Investigations

Holland & Knight LLP on

Responding to criticism stemming from a lack of individual prosecutions as a result of the financial crisis, Deputy Attorney General Sally Yates has issued a new guidance memorandum establishing six new steps for federal...more

Manatt, Phelps & Phillips, LLP

New DOJ Policy Alert: Here's Looking at You, Kid - DOJ Announces Six Specific Steps to Hold Individual "Corporate Wrongdoers"...

Why it matters: On September 9, 2015, Deputy Attorney General Sally Quillian Yates issued a memo to all DOJ department heads and U.S. Attorneys which detailed the Government's new policy centered on accountability for the...more

Foley & Lardner LLP

DOJ Provides Guidance on Prosecution of Individuals

Foley & Lardner LLP on

The Department of Justice (DOJ) long has required entities seeking credit for cooperating with its investigations to provide what it terms “full and truthful” cooperation. In policies memorialized over time, DOJ has been...more

Morrison & Foerster LLP

Three Key Takeaways from DOJ’s New Yates Memo on Individual Accountability for Corporate Wrongdoing

During a September 10, 2015 conference at New York University, Deputy Attorney General (DAG) Sally Quillian Yates announced new Department of Justice (DOJ or the Department) policy that could significantly affect the way that...more

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