Yates is Out, Yates Memo is Not

As we have previously written, the 2015 directive, colloquially known as the “Yates Memo,” refocused the Department of Justice (“DOJ”) investigations and prosecutions on holding individual directors and officers criminally responsible for the misdeeds of a corporation, a dramatic departure from prior practices of levying huge fines on corporations, but leaving the individual directors or officers unscathed. The question naturally arises: will the new administration continue down this same path?