News & Analysis as of

Policies and Procedures Department of Justice (DOJ) Mergers

Foley & Lardner LLP

Weathering the Storm: Key M&A Considerations for Foreign Investors Entering the U.S. Market

Foley & Lardner LLP on

Cross-border merger and acquisition (M&A) activity in 2025 will be shaped by tumultuous economic, legal, and regulatory change. Driven by the new U.S. administration’s dramatic shift in policies and priorities, developments...more

Sheppard Mullin Richter & Hampton LLP

DOJ Updates Guidance on Evaluation of Corporate Compliance Programs

Last month, the U.S. Department of Justice (“DOJ”) quietly updated its March 2023 guidance on the evaluation of corporate compliance programs. Of course, DOJ did not conduct a major rewrite, but interestingly, the updated...more

Vinson & Elkins LLP

With Updated Corporate Compliance Guidance, DOJ Provides Companies with More Reasons to Focus on AI and Technology

Vinson & Elkins LLP on

On September 23, 2024, the U.S. Department of Justice (DOJ) released an updated version of its guidance to prosecutors on the Evaluation of Corporate Compliance Programs (“ECCP”)....more

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

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In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Akin Gump Strauss Hauer & Feld LLP

DOJ National Security Division Updates Corporate Crime Enforcement Policy and Issues Whistleblower Policy

Executive Summary - - On March 7, 2024, the NSD of the DOJ issued an updated NSD Enforcement Policy to include a new section covering VSDs in connection with mergers and acquisitions. - These updates follow repeated...more

NAVEX

How to Meet the Letter, Spirit and Intent of the DOJ’s Evolving Compliance Program Expectations

NAVEX on

With any new administration, the U.S. Department of Justice (DOJ) often shifts focus from one set of enforcement priorities to another. However, one area has remained a focus from administration to administration: guidance...more

DarrowEverett LLP

How DOJ's Safe Harbor Policy Rewards Honesty Within M&A Deals

DarrowEverett LLP on

Be you a merger and acquisition attorney, corporate compliance officer, or counsel to an acquiring entity or target entity, you should review the Department of Justice’s new Merger and Acquisition Safe Harbor Policy...more

Society of Corporate Compliance and Ethics...

Adapting to change: Compliance in the era of heightened antitrust enforcement

Under the Biden administration, antitrust enforcement in the U.S. has risen to a level not seen in at least 40 years. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are now opening more...more

White & Case LLP

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

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On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

White & Case LLP

Questions about the “Carrot” and “Stick” Remain: Unpacking DOJ’s new M&A Safe Harbor Policy, Part I

White & Case LLP on

On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Dorsey & Whitney LLP

Department of Justice Seeks to Reward Due Diligence and Timely Self-Disclosures in Mergers & Acquisitions Through New Safe Harbor...

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The United States Department of Justice (DOJ) recently announced a new department-wide Mergers & Acquisitions Safe Harbor Policy that protects acquiring companies that self-disclose criminal misconduct discovered at an...more

Sheppard Mullin Richter & Hampton LLP

DOJ Announces Mergers & Acquisitions Safe Harbor Policy

The Department of Justice (DOJ) announced last week the advent of a new safe harbor for companies that discover wrongdoing by the acquired business in the course of an M&A transaction. Buyers hoping to take advantage of this...more

A&O Shearman

DOJ Announces Safe Harbor For Companies That Self-Disclose Misconduct Discovered During M&A

A&O Shearman on

On October 4, 2023, Deputy Attorney General Lisa O. Monaco announced a Department of Justice-wide safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions.  During her remarks at the...more

Latham & Watkins LLP

DOJ Announces Safe Harbor Policy for Voluntary SelfDisclosure of Criminal Misconduct Uncovered in M&A

Latham & Watkins LLP on

The policy expands upon DOJ’s efforts to encourage self-reporting of criminal violations discovered during M&A and other transactions. On October 4, 2023, US Deputy Attorney General Lisa Monaco announced a new Department...more

BakerHostetler

DOJ Announces Department-Wide Safe Harbor Policy for Voluntary Self-Disclosures Made in the Context of Mergers and Acquisitions

BakerHostetler on

In an important policy announcement aimed at rewarding robust due diligence and compliance programs, DOJ announced that acquiring companies that promptly and voluntarily disclose criminal misconduct discovered at the acquired...more

Eversheds Sutherland (US) LLP

DOJ incentivizes self-reporting with new M&A Safe Harbor Policy

On October 4, 2023, US Deputy Attorney General (DAG) Lisa Monaco announced that the US Department of Justice (DOJ) is adopting a new Mergers & Acquisitions Safe Harbor Policy, incentivizing companies to voluntarily disclose...more

Fenwick & West LLP

Bedoya Confirmation to FTC Empowers Chair Lina Khan to Pursue Progressive Agenda

Fenwick & West LLP on

After months of partisan deadlock, this week Georgetown law professor and privacy scholar Alvaro M. Bedoya was confirmed by the Senate to serve as a member of the Federal Trade Commission (FTC). Bedoya’s confirmation gives...more

Mintz - Antitrust Viewpoints

DOJ and FTC Virtual Workshop: Agencies Discuss Whole-of-Government Approach and New Solutions to Address Competition Issues in...

On December 6 and 7, 2021, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) hosted a virtual workshop to discuss competition issues in labor markets and plans to execute President...more

Akin Gump Strauss Hauer & Feld LLP

Department of Justice’s 2020 Update Moves the Needle on Guidance for Evaluation of Corporate Compliance Programs

- DOJ’s update offers additional insights into its approach to evaluating corporate compliance programs. - The update places emphasis on compliance programs that are continuously improving, data driven and supported with...more

Bass, Berry & Sims PLC

DOJ Asks “Fundamental Questions” of Corporate Compliance Programs

Bass, Berry & Sims PLC on

In addition to the United States Department of Justice’s recently issued guidelines related to cooperation in FCA enforcement actions, the Department of Justice (DOJ)’s Criminal Division recently revised its guidance...more

Akin Gump Strauss Hauer & Feld LLP

DOJ’s New Corporate Compliance Evaluation Guidance

Key Considerations and Updates for Life Sciences Companies - On April 30, 2019, the Criminal Division of the U.S. Department of Justice (DOJ) issued updated guidance for white-collar prosecutors on evaluating the...more

WilmerHale

DOJ Issues Updated Guidance on Evaluation of Corporate Compliance Programs

WilmerHale on

On April 30, 2019, the Assistant Attorney General for the Criminal Division, Brian A. Benczkowski, announced an update to the Department of Justice’s (“DOJ”) 2017 guidance document entitled Evaluation of Corporate Compliance...more

Holland & Knight LLP

Department of Justice Issues New Guidance on How It Evaluates Compliance Programs

Holland & Knight LLP on

Last week, the DOJ Criminal Division published a guidance document entitled "Evaluation of Corporate Compliance Programs" (ECCP). This document is meant to assist prosecutors in determining what credit should be given to a...more

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