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DOJ M&A Safe Harbor Policy – A Focus on Compliance

William C. Marquardt, Frank Dery, and Kenneth Mathieu

February 20, 2024

William C. Marquardt, Frank Dery, and Kenneth Mathieu provide an overview of the Department of Justice’s new Mergers and Acquisitions Safe Harbor policy, which aims to highlight the criticality of compliance during the due diligence process.

The authors evaluate the crucial role that a comprehensive review of the target company’s compliance with legal and regulatory requirements should play in the acquisition due diligence process. They highlight how this review can assist buyers with identifying legal liabilities, violations, or compliance risks associated with the target company’s operations that could negatively impact its value.

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William (Bill) C. Marquardt

Managing Director

Miami

Frank Dery

Managing Director

Chicago

Kenneth Mathieu

Managing Director

Chicago