Mergers & Acquisitions
Nov. 22, 2023
M&A Safe Harbor Policy bolsters deal certainty
The new policy has faced considerable political criticism, but critics have failed to acknowledge the valuable impact the policy can have on M&A transactions, particularly during the diligence and negotiation process by allowing both buyers and sellers to more precisely quantify and allocate liability costs or uncertainties upfront.
Douglas Axel
Partner
Sidley Austin LLP
White Collar, Securities & Derivatives Enforcement and Regulatory, and Commercial Litigation
555 W 5th St
Los Angeles , CA 90013
Phone: (213) 896-6035
Email: daxel@sidley.com
Hastings
Douglas is a member of the firm's White Collar, Securities & Derivatives Enforcement and Regulatory, and Commercial Litigation and Disputes practices.
On Oct. 4, Deputy Attorney General (DAG) Lisa Monaco announced a new U.S. Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor Policy (the Safe Harbor) for companies that voluntarily and timely self-report misconduct discovered during the due diligence of an acquisition target or the integration of the acquired entity. The Safe Harbor is designed to offer substantial benefits, including the presumption of a declination of prosecution and the avoidance of...
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