DOJ Announces M&A Safe Harbor in Context of Voluntary Self-Disclosure Policy
Highlights
The DOJ recently announced an M&A safe harbor designed to encourage acquiring companies to report misconduct uncovered during an acquisition
The safe harbor outlines the steps an acquiring company must take to avail itself of the safe harbor and sets ambitious timelines, allowing prosecutors discretion to extend these deadlines
Companies that timely disclose, cooperate, and remediate misconduct will receive the presumption of a declination
The Department of Justice (DOJ) has increased focus on corporate criminal enforcement. Earlier this year, the DOJ announced a corporate voluntary disclosure policy designed to create uniform standards for companies to timely disclose misconduct. A new DOJ policy announced recently targets mergers and acquisitions (M&A) specifically.
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