Investigations, Cooperation, Criminal Prosecution

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Holland & Knight LLP on 7/29/2025

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small highlights the critical role voice recordings can play in court. He details three primary ways to obtain recordings: wiretaps,...more

Second Circuit Rejects Challenge to Stratton Limits on Sentencing Enhancements

Patterson Belknap Webb & Tyler LLP on 7/8/2025

In United States v. Sterkaj, the Second Circuit (Cabranes, Raggi, and Nathan) vacated a sentence imposed on Klaudio Sterkaj because it represented an impermissible upward variance under United States v. Stratton, 820 F.2d 562...more

Yates Memo Revisions Encourage Cooperation, but Fail Fully to Achieve a Common-Sense Approach to Civil Enforcement

Akin Gump Strauss Hauer & Feld LLP on 12/12/2018

• Recent Justice Manual changes roll back Yates memo requirements for corporations seeking cooperation credit in enforcement actions, including civil enforcement actions. • Corporations can now receive maximum cooperation...more

DOJ Revises Yates Memo and Relaxes Approach to Corporate Cooperation Credit

Blank Rome LLP on 12/12/2018

The Department of Justice (“DOJ”) announced that it is stepping back from its hard-line approach to corporate cooperation credit in which a corporation was not eligible for credit unless it disclosed all relevant facts about...more

Yates Memo Revised – DOJ Steps Back From All-or-Nothing Approach to Corporate Cooperation Credit

McGuireWoods LLP on 12/6/2018

The Justice Department’s revisions to the so-called “Yates Memo” continues a series of significant white collar enforcement policy changes. We hope this summary is helpful to businesses and their leaders in adjusting to these...more

Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance

Proskauer - Corporate Defense and Disputes on 9/14/2015

After prolonged criticism over its lack of prosecution of individuals responsible for corporate misconduct, the Justice Department has issued new internal guidance that makes clear that prosecuting individuals in white collar...more

“Individual Accountability for Corporate Wrongdoing”: The Yates Memo and the DOJ’s Focus on Individuals

Alston & Bird on 9/14/2015

On September 9, 2015, the Department of Justice issued a memo (“Individual Accountability for Corporate Wrongdoing”) to federal prosecutors nationwide implementing new policies that—for the first time—prioritize the...more

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