DOJ Announces New Mergers and Acquisitions Safe Harbor Policy

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the new Mergers & Acquisitions (M&A) Safe Harbor Policy of the Department of Justice (“DOJ”). Under the new policy, acquiring companies that discover and disclose misconduct in a target or recently acquired company may, subject to certain conditions and limitations, enjoy the presumption of a declination to prosecute (that is, a formal statement that the DOJ will not prosecute the company) by the DOJ.

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