One consequence of the Yates Memo that has not received as much attention is whether current directors-and-officers liability insurance provides appropriate insurance coverage for the legal expenses incurred by executives who might go through an internal investigation. The Yates Memo makes clear that companies must now first investigate and turn over to the Justice Department information on individuals in any investigation (Foreign Corrupt Practices Act or otherwise), or risk not receiving any cooperation credit.

Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in...