Are you familiar with the new Safe Harbor Policy and the arising disclosure issues? K&H partner Jessica Cino collaborated with Tomislav Sunjka of ŠunjkaLaw to present on this fascinating topic. Here are key insights and recommendations from this webinar:
- The Safe Harbor Policy provides protective measures during transactions, especially for distressed assets and bankruptcy situations. Advocacy for disclosure and transparent collaboration with the DOJ is recommended.
- A thorough due diligence process is essential and gray zones exist in determining arm’s length transactions, particularly in distressed assets scenarios.
- Establish compliance functions, consider cross-border differences, and be aware of cultural nuances, especially in DEI conversations.
- Ensure buy-in for long-term compliance planning and implement training programs for awareness and adherence.
- Plan upfront for escalating costs and consider indemnification clauses for post-acquisition misconduct.
- Educate DOJ on deal duration; navigate complexities based on deal types, emphasizing transparency and proactive disclosure.
Learn more about the DOJ’s Safe Harbor Policy here.