Henry Van Dyck

Oct 9, 2023 | jdsupra.com | Kerry Gibbons |Erica MacDonald |Henry Van Dyck

DOJ will provide the presumption of a declination to companies that self-report corporate misconduct discovered during the M&A process. To qualify for this safe harbor, the acquiring company must promptly and voluntarily report misconduct within six months from the date of closing. Companies that clawback, withhold, or make a good-faith effort to claw back or withhold compensation incentives from wrongdoing employees can have their criminal fines reduced by that same amount.