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
Beyond the Ballot: What the 2026 Midterms Mean for Your BusinessThursday, November 12, 2026DOJ and EEOC Announce $29.5 Million Two-Part Settlement with Lockheed Martin, the Fourth FCA Resolution Targeting Alleged Employment DiscriminationNovember 5, 2026Better Late Than Never: DOJ’s National Security Division Resolves First “Near Miss” Self-Disclosure Under Department-wide Corporate Enforcement PolicyNovember 4, 2026The Nonprofit Boardroom: Current Issues, Considerations, and Emerging RisksWednesday, November 4, 2026State Attorneys General Sue to Challenge FinCEN’s Beneficial Ownership Reporting RuleNovember 3, 2026SEC Sets 2027 Exam Priorities with Focus on Conflicts, Complex Products, and TechnologyOctober 29, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory

