RiskWatch

The New Safe Harbor Policy For M&A

November 20, 2023 RiskWatch / David Rybicki / Neil Smith / K&L Gates Episode 35
The New Safe Harbor Policy For M&A
RiskWatch
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RiskWatch
The New Safe Harbor Policy For M&A
Nov 20, 2023 Episode 35
RiskWatch / David Rybicki / Neil Smith / K&L Gates

David Rybicki and Neil Smith of the law firm K&L Gates discuss the new Department of Justice Safe Harbor Policy for voluntary self-disclosure made in connection with M&A. The discussion covers several different focus points, including concerns that need to be top of mind for acquirers, key industries to watch, and the growing importance of deeper due diligence, both pre and post deal. You can find links to David and Neils’ contact information here (David) and here (Neil) as well as the US Policy and Regulatory Alert on the Safe Harbor Policy that the firm published on their website. 

David Rybicki and Neil Smith is co-lead K&L Gates’ White Collar Defense and Investigations practice Group that focuses on government investigations, securities enforcement, internal investigations, and white collar defense representations. 

Show Notes Chapter Markers

David Rybicki and Neil Smith of the law firm K&L Gates discuss the new Department of Justice Safe Harbor Policy for voluntary self-disclosure made in connection with M&A. The discussion covers several different focus points, including concerns that need to be top of mind for acquirers, key industries to watch, and the growing importance of deeper due diligence, both pre and post deal. You can find links to David and Neils’ contact information here (David) and here (Neil) as well as the US Policy and Regulatory Alert on the Safe Harbor Policy that the firm published on their website. 

David Rybicki and Neil Smith is co-lead K&L Gates’ White Collar Defense and Investigations practice Group that focuses on government investigations, securities enforcement, internal investigations, and white collar defense representations. 

What the new Safe Harbor Policy entails
Incentives as the purpose of the Safe Harbor Policy
The trend towards incentivizing self-disclosure and the growing difficulty of uncovering misconduct
The emphasis on national security
Why the new policy has stressed the importance of conducting due diligence
Where to conduct your risk-based due diligence
Companies may start conducting deeper dive diligence as a result of the policy