Managing M&A Due Diligence in an Era of Heightened DOJ Interest

Lisa Monaco recently announced a "Safe Harbor Policy" for mergers and acquisitions (M&A) voluntary disclosures. Embedded in that policy, however, is more than the potential impact on disclosures.

The policy highlights the need to update the overall diligence process when dealing with national security–related businesses, technologies, infrastructure and other areas. Of additional importance is the enhanced interest DOJ has placed on the M&A context and the tone the department set for both criminal and civil enforcement in the M&A context.

Join us for a webinar featuring international trade and national security practice leader Giovanna M. Cinelli, corporate and business transactions practice deputy leader Sameer V. Mohan, and Christian Kozlowski, who will cover the impact of the DOJ's new "Safe Harbor Policy" in the context of national security and due diligence in M&A and other investment transactions.

They will discuss how the underlying policies impact a broad definition of national security that now affects all M&A activity as well as the tools to manage what has now become a key focus of the administration and DOJ—with particular respect to export controls, sanctions, and the Committee on Foreign Investment in the United States (CFIUS).

The panelists will also explain how deals can be adversely affected by a lack of information regarding the impact of this new policy. The panelists will assess diligence approaches that may require updates and the need to view the diligence process as "defensive diligence" and not reactive diligence.