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Clifford Chance

Clifford Chance
Briefings

Briefings

Placing a Premium on Comprehensive Transactional Diligence and Compliance Integration, More Carrots with DOJ's New Mergers & Acquisitions Safe Harbor Policy

October 5, 2023

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the U.S. Department of Justice's adoption of a new Mergers & Acquisitions Safe Harbor Policy intended to incentivize acquiring companies to timely disclose criminal misconduct by the acquired company within a baseline of six months after closing and to remediate any such violations within one year of closing.  The Safe Harbor Policy applies across DOJ, with each Department set to tailor its application for their specific enforcement regimes, with forthcoming guidelines expected.

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