The U.S. Department of Justice’s so-called Yates Memo is crippling attorney-client privilege in internal investigations, according to a Morgan Stanley in-house lawyer and a defense lawyer who spoke at a panel discussion hosted by the New York City Bar Association on Monday.
In September 2015, deputy attorney general Sally Yates issued “Individual Accountability for Corporate Wrongdoing,” more commonly known as the Yates Memorandum. This memo sets forth six policy measures that strengthen the government’s ability to punish individual wrongdoers for corporate wrongdoing.
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