A serious shift of focus to individual accountability may impact traditional corporate defense and settlement tactics.

On September 9, 2015, the Department of Justice (DOJ) issued a set of guidelines that formally revise certain policies and procedures relating to individual accountability for corporate misconduct. The policy was laid out in a memorandum authored by Deputy Attorney General Sally Quillian Yates (Yates Memo). The general tone of the Yates Memo, along with recent public statements by government officials, reflects a noticeably aggressive stance regarding the pursuit of individual charges in white collar enforcement actions. Several of the guidelines are well known best practices that government attorneys already employ. However, a few reflect significant changes to institutional policies, such as the requirement to disclose all information and facts relating to individual misconduct to receive any cooperation credit. While the application of these guidelines remains somewhat unclear, the guidelines will likely require thoughtful consideration from corporate leaders regarding how corporations approach future enforcement actions.