Life Science M&A/Joint Venture Due Diligence Best-Practices: High-Stakes Decision-Making Around DOJ’s Safe Harbor Policy, Dealmaking Compliance, Privacy, and Post-Transaction Protocols

May 10, 2024 11:30am

Dan Spicehandler
Vice President, Compliance - Commercial Divisions

Natasha Trifun
Executive Director, Head of Compliance, R&D, Global Medical, External Funding and Global Functions
Alexion Pharmaceuticals

Joshua Drew
Miller & Chevalier Chartered

  • DOJ’s M&A Safe Harbor Policy: Steps to take when you discover FCPA violations
  • The benefits and practicalities behind self-disclosure:
    • Specific requirements as to the timing of disclosure and remediation
    • Remediation and restitution: Potential criminal exposure at the target company
    • What constitutes a “reasonableness analysis?”
    • Misconduct discovered during “bona fide, arms-length M&A transactions”
  • Spinoff mergers:
    • Assessing the scope of risk relative to whole company acquisitions » Allocating assets and liabilities between the parties
    • Third party and regulatory consents