Private Equity Seeks Legal Guidance on New M&A Disclosure Policy

Nov. 6, 2023, 9:46 AM UTC

Private equity firms and companies that frequently acquire others are rushing to white-collar attorneys for guidance on what the Justice Department’s new policy for disclosing wrongdoing means for ongoing deals.

The calls have flooded in since DOJ last month launched its safe harbor initiative aimed at providing buyers clearer paths to avoid prosecution when self-reporting misconduct at the target company—either before or after the deal goes through.

Private equity and multinationals are especially keen on learning the practical effects on their time-sensitive negotiations or post-deal integration already underway, attorneys said.

“It’s gotten pretty good penetration in the community of clients ...

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