Overview
On October 4, Deputy Attorney General Lisa Monaco unveiled a new US Department of Justice (DOJ)-wide safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions. The announcement follows recent patterns of the DOJ and other foreign regulators issuing guidance that encourages and incentivizes voluntary self- disclosure of criminal misconduct. This challenge is also part of a global trend, with recent developments across the EU.
In this webinar, Partners Ben Curtis and Nicolette Kost de Sèvres provided insight into what this new enforcement posture means for companies as they navigate a different compliance landscape.
Specific topics included:
- How the new DOJ policy is actually a material change in approach from past practices
- Practical considerations at play – both for the sponsor group and the portfolio company – when contemplating self-disclosure to the DOJ
- EU and French perspectives on self-disclosure and recent developments
- Cross-border considerations
- Is self-disclosure a lifeline or a mirage?