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