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DOJ Launches 'Safe Harbor' Self-Reporting Policy For M&A, Law360

October 04, 2023

Partner Justin Weitz spoke with Law360 about a new “safe harbor” policy from the US Department of Justice (DOJ) under which the agency will refrain from prosecuting companies that self-report potential violations that happen within an acquisition target’s business, provided certain conditions are met. Justin said the new policy is consistent with DOJ’s encouragement of self-disclosure in recent years.

"What this does is it makes clear to those companies that didn't even own the [newly acquired] company in the first place and weren't even responsible for the misconduct, that if you come in and cooperate and disclose, you will get significant benefits," Justin said.

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