In late 2021, the U.S. Department of Justice (DOJ) put renewed emphasis on corporate accountability and announced exacting new disclosure requirements for companies to receive cooperation credit in any government investigation. Under the prior administration, an organization needed to identify all individuals substantially involved in or responsible for the misconduct at issue and provide the government with all relevant and related facts. In a return to the 2015 “Yates Memo,” companies now must identify all individuals involved in the misconduct and produce all nonprivileged information about those individuals’ involvement in order to be eligible for any cooperation credit. These new disclosure requirements come while the DOJ significantly ramps up its resources for corporate enforcement.
Early and complete disclosure carries significant benefits but also creates a tension with preserving attorney-client and work-product protections vis-à-vis third parties in subsequent litigation. Whether and how to voluntarily disclose misconduct in order to fully cooperate with a government investigation is a weighty decision for any corporation. Speakers include:
- Kristen Marcelle, Head of Anti-Bribery and Corruption-Americas, Société Générale
- Essence Liburd, Associate Compliance Counsel, DailyPay
- Jonathan B. New, Partner, BakerHostetler
- Patrick T. Campbell, Partner, BakerHostetler
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Speakers include:
- Kristen Marcelle, Head of Anti-Bribery and Corruption-Americas, Société Générale
- Essence Liburd, Associate Compliance Counsel, DailyPay
- Jonathan B. New, Partner, BakerHostetler
- Patrick T. Campbell, Partner, BakerHostetler