Six months from the date of closing. That’s how long acquiring companies have under the newly announced Department of Justice (DOJ) Mergers and Acquisitions (M&A) Safe Harbor Policy to disclose misconduct discovered in the context of a merger or acquisition – whether discovered pre or post-acquisition. And the acquiring company has one year from the date of closing to remediate, as well as provide restitution to any victims and disgorge any profits.
Over the last two years, the DOJ has made clear its priority to encourage companies to self-disclose misconduct aiming to ...
Blog Editors
Recent Updates
- Can Silence Stop the Clock? How Secrecy May Allow Plaintiffs to Toll the Sherman Act’s Four-Year Statute of Limitations
- Discovery Pitfalls in the Age of AI
- Is the Deal Done? Litigation After Mergers and Acquisitions – Speaking of Litigation Video Podcast
- Eleventh Circuit Clarifies: Discovery Materials Can Be Used to Meet Rule 9(b)
- Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond