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Buyer Beware: What to Know About the DOJ’s Policy on Self-Reporting in M&A

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Manage episode 413320025 series 3499121
Content provided by Sidley Austin LLP. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Sidley Austin LLP or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

What happens when you buy somebody else’s problems? A new policy from the U.S. Department of Justice (DOJ) is encouraging companies to disclose the misconduct of the companies they buy. The DOJ says it won’t prosecute businesses that voluntarily report wrongdoing found during the mergers and acquisitions process.

The government especially wants to detect misconduct that threatens national security or involves cybersecurity or foreign corruption. But detractors say the new rule could give a free pass to corporate crime. How do businesses know exactly what they should self-report both before and after a deal is done? And, how do they stand to benefit from the new policy?

Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with one of the firm’s thought leaders on these issues — Kenneth Polite. Kenneth is a global co-leader of Sidley’s White Collar Defense and Investigations practice and the former Assistant Attorney General for the Criminal Division of the DOJ. Together, they discuss the DOJ’s new policy for mergers and acquisitions, how various parties across industries are responding, and what companies should know to protect their businesses.

Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

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42 episodes

Artwork
iconShare
 
Manage episode 413320025 series 3499121
Content provided by Sidley Austin LLP. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Sidley Austin LLP or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

What happens when you buy somebody else’s problems? A new policy from the U.S. Department of Justice (DOJ) is encouraging companies to disclose the misconduct of the companies they buy. The DOJ says it won’t prosecute businesses that voluntarily report wrongdoing found during the mergers and acquisitions process.

The government especially wants to detect misconduct that threatens national security or involves cybersecurity or foreign corruption. But detractors say the new rule could give a free pass to corporate crime. How do businesses know exactly what they should self-report both before and after a deal is done? And, how do they stand to benefit from the new policy?

Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with one of the firm’s thought leaders on these issues — Kenneth Polite. Kenneth is a global co-leader of Sidley’s White Collar Defense and Investigations practice and the former Assistant Attorney General for the Criminal Division of the DOJ. Together, they discuss the DOJ’s new policy for mergers and acquisitions, how various parties across industries are responding, and what companies should know to protect their businesses.

Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

  continue reading

42 episodes

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