Insight Center: Webinars

The Implications of Yates Memo on D&O Indemnification, Fee Advancement and Insurance

Speakers: Pamela S. Palmer, Sarah Katz Downey and Joshua D. Roth

3:00 - 5:00 PM (ET)
The Implications of Yates Memo on D&O Indemnification, Fee Advancement and Insurance

Presented by The Knowledge Group

On September 9, 2015, then Deputy Attorney General Sally Yates issued a memorandum citing the Department of Justice's (DOJ) focus on the prosecution of individuals responsible for corporate misconduct. The memo has raised concerns among company directors and officers about the adequacy of their indemnification, fee advancement and insurance policy to protect them in a DOJ investigation.

A well-drafted indemnification agreement helps companies do the right thing when providing individual D&Os with important protections like advancement of legal fees. It clearly outlines who is entitled of indemnification, the scope of indemnity and the limitations on the right to indemnity. The advancement provisions also allows for payment of fees throughout the case.

Companies must take a critical review of their D&O insurance program and expect potential statutory and case law limitations, enforcement hurdles, and the interplay of indemnification provisions to avoid potential risks and legal pitfalls.

In a two-hour LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the implications of the Yates Memo on D&O indemnification, fee advancement and insurance. Speakers will offer best practices on drafting or reviewing indemnification agreements and D&O insurance policies to ensure protection during a DOJ investigation.

Some of the major topics that will be covered in this course are:

  • Impacts of Yates Memo to D&O indemnification, advancement and insurance
  • Obtaining cooperation credit from the government
  • Key considerations when reviewing D&O insurance program
  • Drafting/reviewing indemnification and advancement provisions
  • Protecting D&O indemnification and advancement rights

CLE credit available.



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