United States:
Insuring Against Yates: The Impact On D&O Insurance
14 July 2016
McDermott Will & Emery
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The Yates Memo has many landscape-changing implications for
corporate investigations, including the need for enhanced
Upjohn warnings and the potential suppression of
joint-defense agreements between corporations and their
constituents (officers, directors, employees, shareholders). This
new terrain exists because in order to receive cooperation credit
from the government, companies must investigate and disclose all
facts about corporate wrongdoers. With the spotlight shining
on corporate actors from the outset, there will be an inevitable
increase in individuals seeking to have independent counsel
represent them early in the investigatory process. Defense costs
will surely escalate under the new Yates directive. This has
several important implications for D&O liability insurance
coverage.
Read more here.
Insuring Against Yates: The Impact on D&O Insurance
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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