Insuring Against Yates: The Impact on D&O Insurance

By and on July 12, 2016

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.

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Charles E. WeirCharles E. Weir
Charles Weir serves as head of McDermott’s Los Angeles Litigation Practice Group. Charles has extensive experience in all aspects of complex business litigation. Charles also has assisted numerous clients in connection with internal compliance programs and government investigations, with a particular emphasis on Foreign Corrupt Practices Act (FCPA) matters. Read Charles Weir's full bio.


Gregory R. JonesGregory R. Jones
Gregory (Greg) R. Jones focuses his practice on health care litigation, False Claims Act defense and class action defense. Greg has represented health care providers, hospitals and physician groups in lawsuits and arbitration matters involving a range of different disputes, including qui tam actions brought under the federal and state false claims acts, antitrust claims, unfair competition and other business torts. He has also represented companies in conjunction with investigations by various government agencies in a wide range of matters. In addition, Greg has experience representing claims in intellectual property matters. Read Gregory Jones' full bio.

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