Partner Claudius Sokenu (New York-Litigation) recently published an article for the New York Law Journal titled “DOJ Issues Policy on Holding Individuals Accountable for Corporate Malfeasance.”
In the article, Sokenu analyzes the Department of Justice’s new policies to enhance its ability to identify and prosecute culpable individuals at all levels in corporate cases. The memorandum implementing these changes, commonly called the “Yates Memorandum,” revises several guidance documents. Sokenu notes that how well the Civil Division and the Criminal Division coordinate their work internally and with other government agencies such as the SEC will play a significant role in how successful the new guidance works. “As the Justice Department implements the guidance outlined in the Yates Memorandum, corporations and their employees will likely continue to assess how to adapt to the new terrain,” he adds.