Current Trends and Practices in Mitigating FCPA Risks and Threats in Global Private Equity Ventures
As Foreign Corrupt Practices Act (FCPA) violations on several industries continue to ascend, regulators are likely to subject Private Equity (PE) firms to heightened scrutiny. Private equity firms may incur FCPA risks from the employment of unrelated fund managers and consultants as well as the laxity in terms of diligence and valuation involved in portfolio company acquisitions. Thus, by establishing effective compliance procedures and thorough anti-corruption due diligence, PE firms can operate efficiently amidst serious probing. However, PE fund advisers must be aware first of the FCPA risks and liabilities to avoid severe penalties and investigation costs.
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders will help firms understand the fundamental aspects of this important topic. They will provide an in-depth discussion of FCPA Risks and Threats in Global Private Equity Ventures. Speakers will also share helpful insights in handling critical issues and current trends. Best risk mitigation and FCPA compliance practices will also be discussed in this CLE course.
Key topics include:
- Foreign Corrupt Practices Act - An Overview
- Major FCPA Considerations
- FCPA Risks and Threats
- Possible Implications on PE Firms and their Portfolio Companies
- Risk Assessment and Monitoring
- Successor and Post-Acquisition Liabilities
- Common FCPA Violations
- Legal Consequences
- Critical Issues and Current Trends
- Risk Mitigation Techniques
- Best Compliance Practices
Morgan Heavener, Of Counsel, Litigation Department
Paul Hastings LLP
(At least) three primary risks for PE Firms
- Relationships with sovereign wealth funds (officials of which are generally government officials)
- Portfolio companies and risks around them, due diligence in connection with acquisitions of, ongoing risks, etc.
- Hiring of people related to government officials (ongoing investigations of certain firms focusing on corrupt intent)
Renee A. Latour, Shareholder
Greenberg Traurig LLP
- Recent enforcement trends
- Recent headline making fines and cases
Reetuparna Dutta, Attorney
Hodgson Russ LLP
- Compliance plans
- Best practices to mitigate FCPA risks
- Benefits and drawbacks of self-disclosure
Yasuhiro Saito, Partner
Saito Sorenson Lurie LLP
- Deals with multinationals in US and overseas
- Practical issues when dealing with multinational entities, in a private equity context
Who Should Attend:
- Criminal and Civil Litigators
- Compliance and Ethics Managers
- International Arbitration Law Attorneys
- FCPA Securities and Corporate Governance Attorneys
- White Collar Attorneys
- Litigation Officers
- Risk and Compliance Managers
- Finance Lawyers
- Private Equity Firms
- Other Related/Interested Professionals and Organizations
Morgan Heavener is of counsel in the Litigation Department of Paul Hastings. His practice focuses largely on matters relating to international anticorruption laws, including the U.S. Foreign Corrupt Practices Act.
Mr. Heavener has extensive experience conducting corruption-related internal and government-initiated investigations around the world, including representing clients in enforcement actions brought by the U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC), and multilateral development banks. Mr. Heavener also assists clients in developing and enhancing anticorruption compliance programs, conducting anticorruption-focused risk assessments and audits, and conducting due diligence reviews of business partners and acquisition targets.
As part of his pro bono practice, Mr. Heavener has taught courses for foreign government officials and lawyers at the International Law Institute on international anticorruption laws and has also successfully represented in U.S. immigration court an individual from West Africa seeking political asylum.
Morgan Heavener is of counsel in the Litigation Department of Paul Hastings. His practice focuses largely on matters relating to international anticorruption …
Renee A. Latour focuses her practice on international trade regulation with an emphasis on compliance with U.S. export controls and economic sanctions. Renee assists clients on matters related to international trade that arise under the jurisdiction of various U.S. governmental agencies, including the Departments of Commerce, State, Treasury, and Defense. She advises on U.S. export control laws, anti-boycott laws and special sanctions maintained by the U.S. Government against various countries including Iran, Cuba and Sudan. Renee also assists clients with matters relating to issues arising under the anti-bribery and record-keeping provisions of the Foreign Corrupt Practices Act (FCPA), the OECD Convention and the United Nations (UN) Convention Against Corruption. Additionally, she assists clients in designing and implementing internal compliance policies and procedures and conducting cross-border export and sanctions regulatory due diligence, particularly in the context of mergers and acquisitions. Renee also counsels on the Exon-Florio provisions of the Committee on Foreign Investment in the United States (CFIUS), and assists clients in mitigating foreign ownership, control or influence (FOCI) under the applicable national industrial security regulations. Renee counsels clients in a wide variety of industries, including but not limited to civilian and commercial aerospace and aviation, defense, energy, retail, telecommunications, software and life sciences, on complying with the broad array of statutes and regulations regimes that apply to international transactions.
Renee A. Latour focuses her practice on international trade regulation with an emphasis on compliance with U.S. export controls and …
Reetuparna (Reena) Dutta is a senior associate attorney in the Business Litigation Practice at Hodgson Russ LLP. She concentrates her practice in the areas of white-collar criminal defense and the False Claims Act. Reena has experience in defending fraud, tax, and drug offenses and has acted as the primary liaison with the U.S. Attorney's Office on behalf of relators in False Claims Act matters. She also has trial experience, having represented clients in three federal court trials, and she has written articles and lectured on topics in her area of practice. Reena received an A.B. from Dartmouth College and a J.D. from George Washington University Law School.
Reetuparna (Reena) Dutta is a senior associate attorney in the Business Litigation Practice at Hodgson Russ LLP. She concentrates her …
For the last 20 years, Mr. Saito has guided some of the world's largest corporations through their toughest problems. A partner and practice-group leader at prominent Wall Street law firms prior to founding the Firm, Mr. Saito serves regularly as lead counsel for major business institutions involved in complex commercial disputes and major corporate scandals. Mr. Saito is a noted authority on cross-border litigation and cross-border white collar criminal investigation and regulatory enforcement matters. He lectures frequently on these and other subjects, and has acted as an expert witness before foreign tribunals.
For the last 20 years, Mr. Saito has guided some of the world's largest corporations through their toughest problems. A …
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About Paul Hastings LLP
Paul Hastings is a leading global law firm with a strong presence throughout Asia, Europe, Latin America, and the U.S. The firm is ranked first on The American Lawyer’s A-List of the most successful law firms in America.
Our lawyers provide innovative legal solutions to many of the world’s top financial institutions and Fortune 500 companies. We offer a complete portfolio of services to support our clients’ complex, often mission-critical needs – from structuring first-of-their-kind transactions to resolving complicated disputes to providing the savvy legal counsel that keeps business moving forward.
Since the firm’s founding in 1951, Paul Hastings has grown steadily and strategically along with our clients and the markets we serve. We established successful practices in key U.S. and European cities, creating a broad network of professionals to support our clients’ ambitions. In addition, we were one of the first U.S. law firms to establish a presence in Asia, and today we continue to be a leader in the region. Over the past decade, we have significantly expanded our global network of lawyers to assist our clients in financial centers around the world, including the emerging markets of Latin America.
Drawing on the firm’s dynamic, collaborative, and entrepreneurial culture, our lawyers work across practices, offices, and borders to provide innovative, seamless legal counsel – where and when our clients need us.
Please visit www.paulhastings.com for more information.
About Greenberg Traurig LLP
Greenberg Traurig is an international law firm with approximately 1800 attorneys and governmental affairs professionals in 37 commercial and government centers across the United States and in Latin America, Europe, the Middle East and Asia. Greenberg Traurig provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. The firm’s multidisciplinary teams include senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal arenas. Based in Washington, D.C., our Export Controls team advises and represents clients on the full range of international goods, software and technology transfer issues. We have broad experience providing export controls and related regulatory counsel to both U.S. and foreign businesses. Our industry-specific experience includes assisting companies in a wide range of industries. For additional information, please visit www.gtlaw.com.
About Hodgson Russ LLP
Hodgson Russ attorneys facilitate the U.S. legal aspects of transactions around the world. We practice in every major area of law and generally use multidisciplinary work teams to serve the specific, often complex, needs of our clients, which include public and privately held businesses, governmental entities, nonprofit institutions, and individuals. Hodgson Russ has offices in Albany, Buffalo, New York City, and Saratoga Springs, New York; Toronto, Ontario; and Palm Beach, Florida.
About Saito Sorenson Lurie LLP
Our firm was founded by partners from the world's most prestigious law firms. All of our senior attorneys have over 20 years of experience in high-stakes commercial litigation, arbitration, and regulatory enforcement matters.
Our clients are major multinationals, manufacturers, banks and other financial institutions, and sovereign nations, in addition to some of the world's largest international law firms. We limit the cases we accept to those that are significant and require sophisticated representation.
Our focus is achieving the optimum result in our clients’ most critical matters.