News & Analysis as of

Merger Agreements Corporate Misconduct

Pillsbury Winthrop Shaw Pittman LLP

Delaware Supreme Court Erects a “Formidable Obstacle” to Proving Counterparty Aiding and Abetting Liability in Merger Transactions

The In re Columbia Pipeline Group Merger Litigation decision clarifies that a buyer may not be found liable for aiding and abetting a seller-side breach of fiduciary duty unless the buyer had actual knowledge—not merely...more

Thomas Fox - Compliance Evangelist

Deere FCPA Enforcement Action: Lessons on Post-Acquisition Integration and Investigation in M&A

We recently had a Foreign Corrupt Practices Act (FCPA) enforcement action that reminded me that everything old is new again in anti-corruption compliance. The Securities and Exchange Commission (SEC) FCPA enforcement action...more

Thomas Fox - Compliance Evangelist

DAG Monaco on Cooperation and Compliance Incentives for M&A

Early in October at the 2023 SCCE Compliance and Ethics Institute, Deputy Attorney General Lisa Monaco delivered a long-anticipated speech expanding and formalizing the Department of Justice’s (DOJ’s) new Safe Harbor for...more

Jones Day

DOJ Announces Safe Harbor Policy for Voluntary Self-Disclosures in Mergers and Acquisitions

Jones Day on

Under a new U.S. Department of Justice ("DOJ") policy related to mergers and acquisitions ("M&A"), DOJ will decline to prosecute an acquiring company for misconduct by an acquired company where the acquiring company timely...more

Epstein Becker & Green

What to Know About the New DOJ Mergers & Acquisitions (M&A) Safe Harbor Policy For Voluntary Self-disclosures Made In Conjunction...

Epstein Becker & Green on

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...more

Ballard Spahr LLP

Safe Harbor Policy Incentivizes Disclosure of Acquired Companies’ Misconduct

Ballard Spahr LLP on

Summary - Deputy Attorney General Lisa O. Monaco unveiled Wednesday, Oct. 4, the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures (VSD) arising from mergers and acquisitions (Safe Harbor...more

K2 Integrity

In a Red-Hot Deal Market, Due Diligence Is More Important Than Ever

K2 Integrity on

Driven by mega-deals and a healthy spike in U.S. mergers and acquisitions (M&A) transactions, thus far 2019 has been an exceptionally active year in the global M&A market. Through the end of Q3 2019, deal volume reached $2.49...more

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