The Sidley Podcast
Buyer Beware: What to Know About the DOJ’s Policy on Self-Reporting in M&A
April 2024
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.
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.
Contacts
*Only admitted to practice in New York. Not admitted to practice in England and Wales.
Offices
Related Resources
Capabilities
Suggested News & Insights
The First Prediction Market Insider Trading Case: SDNY and CFTC Test the Limits of Fraud and Commodities LawMay 8, 2026DOJ’s FOCUS Initiative: An Invitation or a Warning to Data Miner Relators?May 7, 2026DOJ’s National Fraud Enforcement Division Launches West Coast Health Care Fraud Strike ForceMay 6, 2026Ninth Circuit Vacates Insider Trading Conviction Over Court’s Failure to Investigate Juror BiasMay 6, 2026New Division Continues Time-Tested Model: DOJ’s National Fraud Enforcement Division Launches West Coast Health Care Fraud Strike ForceMay 6, 2026Clear and Present Danger: DOJ Trade Fraud and Anti-Corruption Priorities Signal Lasting Compliance RiskMay 5, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory

