Directors and officers face increasing risks of criminal prosecution by DOJ and federal agencies, as described in a March 25, 2016 blog post at D&O Diary, built in part from a Jones Day memo of March 10, 2016. The post begins as follows, and the entire post is a good read for anyone not up to speed on the risks:
“In a March 10, 2016 memo entitled “Individuals in the Cross Hairs? What This Means for Directors” (here), the Jones Day law firm takes a look at the Yates Memo’s provisions and what the government’s new focus on individual liability has meant in practice. As the memo’s authors’ note, the Yates Memo’s “clear goal” is to “force line prosecutors and companies seeking cooperation to more aggressively gather and produce evidence of individual wrongdoing.”