The balance of power in white-collar investigations was altered last year. It may be remembered as the year that the government pitted corporations against their employees. The U.S. Department of Justice policy articulated in the “Yates Memo” urged corporations to provide the DOJ with information about individuals involved in misconduct. Meanwhile, the U.S. Securities and Exchange Commission continued to broadly enforce the whistleblower statutes, encouraging employees, including gatekeepers, to report corporate malfeasance. All this happened against a backdrop of the DOJ’s and SEC’s ever-expanding assertion of global jurisdiction.

The Yates Memo