HomeWebcastFCPA Compliance and M&A Transactions: Due Diligence, Integration, Investigations and Controls
Online CLE FCPA M&A Transactions CLE

FCPA Compliance and M&A Transactions: Due Diligence, Integration, Investigations and Controls

Live Webcast Date: Wednesday, February 28, 2018 at 3:00 pm - 4:30 pm (ET)
Corporate LawMergers and AcquisitionsRecording

Online CLE FCPA M&A Transactions

Join us for this Knowledge Group Online CLE FCPA M&A Transactions Webinar. Practicing effective and efficient due diligence is critical for companies involved in M&A deals, especially with the heightened anti-corruption enforcement across the globe. In the U.S., anti-bribery and anti-corruption due diligence has become a significant component of an M&A deal, as both the Department of Justice (DOJ) and the Security and Exchange Commission (SEC) strictly enforce the Foreign Corrupt Practices Act (FCPA).

Under the principles of successor liability, the acquirer of a company with FCPA violations may be held liable and deemed as FCPA violator. If the illegal conduct continues after the acquisition of the company, the acquiring company can still be held liable even if it is not aware of the violation. Therefore, it is important to establish a due diligence plan and proceeding accordingly and address potential FCPA violations discovered in an M&A transaction.

This course examines FCPA investigations in M&A transactions. A panel of key thought leaders organized by The Knowledge Group will discuss post-acquisition due diligence and offer best practices for addressing FCPA red flags.

This webcast will discuss the following key topics:

  • Foreign Corrupt Practices Act – An Overview
  • Why the FCPA Matters for Corporate Transactions
    • Successor Liability
    • Recent Enforcement Actions
  • Pre-Acquisition FCPA Due Diligence
    • Risk-Based Due Diligence
    • Contractual Protections
  • Common FCPA Red Flags
  • Post-Acquisition FCPA Integration, Due Diligence and Monitoring
  • Key Risk Areas in M&A Transactions
    • Direct Equity Investments
    • Lending Transactions
    • Third Parties and Intermediaries
    • Interacting with SWFs or SOEs
  • FCPA Investigations in M&A Deals
    • Review of Some Problematic M&A Deals
    • Foreign Investment
    • DOJ Opinion 14-02
  • Compliance Development/Controls to Mitigate Risk in M&A Deals
    • Development of Standard Process for Pre- and Post-Acquisition Due Diligence for International M&A
      • Target Evaluation and Profile
      • Forensic Review and Transaction Testing
      • Compliance Program Review
      • Historical Investigations/Hotline Reporting
      • Deal Documentation

Who Should Attend

  • FCPA Securities and Corporate Governance Attorneys
  • In-House Counsel
  • Regulatory and Policy Managers
  • Corporate Attorneys
  • Legal and Compliance Executives
  • White Collar Attorneys
  • Merger Companies
  • Multinational Companies
  • Top Level Management
  • Public and Private Companies

Faculty

Online CLE FCPA M&A Transactions
Benjamin Klein
Attorney
DLA Piper
Online CLE FCPA M&A Transactions
Margot Laporte
Attorney
Richards Kibbe & Orbe LLP
Online CLE FCPA M&A Transactions
Brooke Hopkins
Director
AlixPartners

Click Here to Read Additional Material

Online CLE FCPA M&A Transactions

SEGMENT 1:
Benjamin Klein, Attorney
DLA Piper
  • Foreign Corrupt Practices Act – An Overview
  • Why the FCPA Matters for Corporate Transactions
    • Successor Liability
    • Recent Enforcement Actions
  • Pre-Acquisition FCPA Due Diligence
    • Risk-Based Due Diligence
    • Contractual Protections

SEGMENT 2:
Margot Laporte, Attorney
Richards Kibbe & Orbe LLP
  • Common FCPA Red Flags
  • Post-Acquisition FCPA Integration, Due Diligence and Monitoring
  • Key Risk Areas in M&A Transactions
    • Direct Equity Investments
    • Lending Transactions
    • Third Parties and Intermediaries
    • Interacting with SWFs or SOEs

SEGMENT 3:
Brooke Hopkins, Director
AlixPartners
  • FCPA Investigations in M&A Deals
  • Review of Some Problematic M&A Deals
  • Foreign Investment
  • DOJ Opinion 14-02
  • Compliance Development/Controls to Mitigate Risk in M&A Deals
    • Development of Standard Process for Pre- and Post-Acquisition Due Diligence for International M&A
      • Target Evaluation and Profile
      • Forensic Review and Transaction Testing
      • Compliance Program Review
      • Historical Investigations/Hotline Reporting
      • Deal Documentation

Online CLE FCPA M&A Transactions

Online CLE FCPA M&A Transactions

Benjamin KleinAttorneyDLA Piper

Benjamin Klein is a former international prosecutor who has extensive experience representing and counseling clients on Foreign Corrupt Practices Act (FCPA) matters.  He has performed cross-border investigations, risk assessments, and compliance reviews in over two dozen countries on practically every continent including Africa, Asia, Europe, and Latin America.  Ben also routinely performs anti-corruption compliance due diligence for acquisitions, joint ventures, and other transactions.

Ben advises clients in a number of industries—including the energy, life sciences, and technology sectors—on the development and improvement of corporate compliance programs and has drafted numerous compliance policies, operating procedures, and codes of conduct. He has written extensively on international anti-corruption developments including the implementation of the DOJ’s new FCPA Corporate Enforcement Policy and changes to the Canadian Corruption of Foreign Public Officials Act.  His most recent Law360 publication, “Lawyers as Targets: How Attorneys Get Ensnared in FCPA Misconduct,” examines how in-house counsel and compliance professionals can get caught in the crosshairs of FCPA enforcement actions.

Online CLE FCPA M&A Transactions

Margot LaporteAttorneyRichards Kibbe & Orbe LLP

Margot Laporte focuses her practice on securities regulation and cross-border enforcement matters, including matters involving the Foreign Corrupt Practices Act (FCPA), anti-money laundering laws and regulations, economic sanctions, insider trading and accounting fraud. She also regularly advises global companies and financial institutions with respect to anti-corruption compliance policies, procedures and training, as well as anti-corruption due diligence relating to potential transactions and investments.

Ms. Laporte has represented public companies, audit committees, hedge funds, financial institutions and individuals in matters involving U.S. and foreign regulators, including the U.S. Department of Justice, Securities and Exchange Commission, Financial Industry Regulatory Authority, Public Company Accounting Oversight Board and the Consumer Financial Protection Bureau, as well as the French Autorité des marchés financiers and other foreign regulators. She has represented companies in both internal and regulatory anti-corruption and accounting-related investigations regarding conduct in Africa, Asia, Europe, Latin America and Russia.

Online CLE FCPA M&A Transactions

Brooke HopkinsDirectorAlixPartners

Brooke Hopkins is a Senior Director in the Dallas office of AlixPartners LLP. She helps companies through high-urgency regulatory investigations and the complexities of financial and accounting processes and controls improvement, concurrently identifying areas for cost reduction and increased compliance. Brooke has more than two decades of experience in project management, process improvement, controls integration, forensic accounting investigation, compliance remediation, and intellectual property litigation matters. With professional certifications in compliance, fraud, valuation, and forensic analytics, Brooke offers her clients innovative solutions through automation and analytics while considering their business models and operational strategies. Brooke has a Bachelor of Science with honors from Virginia Polytechnic Institute and State University.

Online CLE FCPA M&A Transactions

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in corporate law and M&A transactions

Course Code:
   147128

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   1.5 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

DLA Piper is a global law firm with lawyers worldwide. It provides its clients with legal and business solutions locally, regionally and internationally using integrated teams of lawyers with experience that spans a broad range of disciplines. DLA Piper is widely recognized for its pioneering approach and extensive geographic reach, which enables the practice to look after the business issues that matter to its clients – whether they are large or small. Clients of DLA Piper include single-owner startups, local and household name companies, multinationals, financial institutions, FTSE and Fortune 500 enterprises and their subsidiaries, public bodies and governments.

Website: https://www.dlapiper.com/

RK&O is an elite boutique law firm focused on the financial sector. For more than 25 years, we have represented financial firms in transactions, compliance and litigation, and have consistently been at the forefront of emerging legal issues and investment activities. The sophistication and intensity that have made RK&O a leader in complex financial transactions and compliance issues have also driven our success in representing institutional clients, funds and individuals confronting government investigations, securities law violations and complex business disputes.

RK&O conducts a highly collaborative practice through approximately 65 lawyers based in New York, Washington, D.C. and London. With a long track record of achieving positive outcomes for clients, RK&O attorneys are recognized as being among the most qualified legal practitioners in the financial services sector, both in the U.S. and around the globe.

Website: https://www.rkollp.com/

AlixPartners’ investigative, dispute, and risk professionals have a 36-year record of responding to urgent client situations all over the world. We help counsel make sense of complex issues by evaluating financial, economic, and valuation issues and by serving as expert witnesses and consultants to law firms and corporations nationwide.  Our teams includes forensic accountants, economists, industry experts, and former enforcement accountants.  We consult and testify on a wide variety of cases, including bankruptcy litigation, solvency and fraudulent conveyance, purchase price disputes, securities litigation, cross-border disputes and intellectual property infringement related matters. We have been involved in over 250 investigations, in areas such as anticorruption, FCPA, insider trading, Ponzi schemes, revenue recognition, anti-money laundering, and antitrust.  A global, integrated team in Europe, North America, and Asia differentiates us from other consulting firms.  We support companies and their counsel by providing expert evidence, testimony, and advice to address the most important issues when it really matters.   For more information, please visit: www.alixpartners.com.

Website: https://alixpartners.com/

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