Legal Think Tank

Track 4: The Grey Areas of the New M&A Safe Harbor Policy: Practitioners Dissect the Legal and Practical Implications

November 30, 2023 1:00pm

Katherine Choo
Vice President and Chief Counsel, Global Investigations
General Electric Company

Michael Buckner
VP and Deputy General Counsel
Danaher Corporation

Brian Benczkowski
Partner
Kirkland & Ellis LLP

With the recent announcement of the Safe Harbor Policy, the DOJ continues to highlight the importance of prompt self-disclosure, which now encompasses the M&A context. The new Policy goes beyond antitrust and FCPA, so corporations and legal practitioners will grapple with how to plan for the six-month VSD and 12-month remediation deadlines.

Be sure to join this interactive and informative session as our panel of experts discuss the big-ticket risks, deadlines, and steps needed to qualify for the program. Topics will include:

  • Strategic considerations for pre-acquisition and integration planning
  • Attorney-client privilege considerations
  • What qualifies as a “bona fide, arms-length M&A transaction”?
  • Disgorgement: What does it mean; how to address?
  • What to expect when the government learns of compliance issues before the acquirer
  • Conducting risk-based audits of all newly acquired or merged businesses as quickly as possible