Amy Greer Christopher Nasson

Amy Greer Christopher Nasson

December 01, 2023 | New York Law Journal

Will the New Safe Harbor Policy Create a Safe Haven for Companies Reporting Misconduct Discovered in M&A?

The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions. Under the new M&A Safe Harbor Policy, such acquiring firms will receive the presumption of a declination, presuming the acquiring company timely self-reports the misconduct, cooperates in the investigation, and engages in appropriate and timely remediation.

By Amy Greer, Christopher Nasson and Anna L'Hommedieu

8 minute read