Introduction
Law360, New York (February 29, 2016, 11:14 AM ET) -- Antitrust
enforcement around the world has been on the rise against
corporations in recent years.1 Nowhere has that trend
been more pronounced than in the United States. Just this past
year, fines in antitrust cases brought by the U.S. Department of
Justice reached a record high of $3.6 billion.2
At the same time, the Justice Department more broadly has
recently expressed a renewed focus on enforcement against the
individual executives and officers that carry out corporate acts.
Deputy Attorney General Sally Yates released a much-publicized memo
on Sept. 9, 2015, titled "Individual Accountability for
Corporate Wrongdoing," which called for "six key
steps" to be followed at DOJ that would "strengthen [its]
pursuit of individual corporate wrongdoing."3 These
steps are all directed toward putting an early and substantial
focus on individuals during any corporate investigation and
ensuring that pleas or
