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Oct. 11, 2023

Safe Harbor Policy Seeks to Encourage Self-Reporting of Issues in M&A Transactions

  • David Hill
    Anti-Corruption Report
Through the DOJ’s new Safe Harbor Policy impacting mergers and acquisitions, announced last week by Deputy Attorney General Lisa O. Monaco, acquiring companies will be able to avoid charges if they voluntarily disclose misconduct of the acquired company to the DOJ. Monaco’s latest remarks build upon the DOJ’s previous announcements in 2022 and 2023 encouraging companies to voluntarily self-disclose misconduct and emphasizing the importance of strong corporate compliance programs. The new policy lays out department-wide standards for dealing with acquiring companies’ reporting and remediating malfeasance at target firms. With insights from attorneys at Miller & Chevalier, Morgan Lewis, Cadwalader and Ropes & Gray, we evaluate what this new development means for companies and their compliance advisors. See “Reading the Regulators: Shifts in FCPA Enforcement” (Aug. 16, 2023).

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