Mitigating FCPA Risks in M&A Deals: Practical Compliance Guide
The Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy continues to evolve over the years. The Department of Justice (DOJ) recently released its modifications on the FCPA’s Corporate Enforcement Policy which includes the intensified crackdown on M&A deals. In the new FCPA policy, a successor company who voluntarily discloses its predecessor company’s pre-acquisition FCPA violations will receive “a presumption in favor of a declination to prosecute.” Although the DOJ hasn’t provided parameters for the presumption, the successor company must be able to uncover the misconduct sooner and it shall meet the policy requirements to receive the right to declination.
In this rapidly changing legal environment, it is essential for companies involved in M&A deals to take necessary due diligence procedures. Counsel to businesses must be proactive in addressing potential FCPA violations. They must also develop strategic actions plans to ensure compliance.
In a LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will present an in-depth discussion of the latest and fundamental trends and developments in FCPA investigations in M&A transactions. Speakers will dig deeper as they analyze critical issues and offer the latest insights on how to stay compliant in this rapidly changing legal climate.
This LIVE Webcast will discuss the following:
- FCPA Investigations in M&A Deals: Trends and Statistics
- M&A Due Diligence Procedures
- Red Flags
- Risk Mitigation Techniques
- Best Compliance Strategies
- 2020 Outlook
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
- DOJ Guidance Background. A discussion of prior precedent regarding M&A due diligence as well as enforcement relating to M&A activity.
- The FCPA Resource Guide and the Hallmarks of an Effective Compliance Program.
- DOJ Opinion Procedure Releases.
- Recent Developments. A discussion of recent developments that inform DOJ and SEC views regarding M&A activity.
- FCPA Corporate Enforcement Policy (USAM 9-47.120).
- Deputy Assistant Attorney General Matthew Miner Speech (Sept. 27, 2019) clarifying that the FCPA Corporate Enforcement Policy applies to misconduct detected through M&A activity and due diligence.
- DOJ Evaluation of Corporate Compliance Programs.
- Lessons Learned from Prior Enforcement. A discussion of prior enforcement actions relating to M&A activity.
- Tips and Strategies. A discussion of tips and strategies for performing FCPA due diligence, integrating an acquired entity into a company’s existing compliance program, and handling misconduct that may be identified in due diligence or following an acquisition.
Who Should Attend:
- FCPA Lawyers
- M&A Lawyers and Consultants
- Legal and Compliance Executives
- Corporate Lawyers
- Top Level Executives
Jennifer D. Riddle is of counsel in the Litigation practice of Paul Hastings and is based in the firm’s Washington, D.C. office. Her practice focuses on compliance with and disputes relating to the U.S. Foreign Corrupt Practices Act (“FCPA”) and other international anti-corruption laws.
Ms. Riddle conducts internal investigations on behalf of senior management, boards of directors, and audit committees with respect to the FCPA, international anti-corruption laws, fraud, and kickbacks. She has acted as the senior associate leading investigations in Europe, Africa, Asia, and the Middle East.
Prior to joining Paul Hastings, Ms. Riddle advised clients on compliance with U.S. securities laws and regulations, conducted internal investigations relating to suspected infractions of U.S. securities laws, and coordinated all phases of discovery in complex litigation cases.
Jennifer D. Riddle is of counsel in the Litigation practice of Paul Hastings and is based in the firm’s Washington, …
Matthew Driscoll is an associate in the law firm of Paul, Weiss, Rifkind, Wharton & Garrison. His practice focuses on white collar matters, internal corporate investigations, and compliance counseling. He regularly represents clients in FCPA and corruption-related internal investigations, designing and implementing compliance programs, and transactional anti-corruption diligence. Matt received both his J.D. and his Master of Global Policy from the University of Texas at Austin.
Matthew Driscoll is an associate in the law firm of Paul, Weiss, Rifkind, Wharton & Garrison. His practice focuses on …
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Method of Presentation:
General knowledge of corporate law
NY Category of CLE Credit:
Areas of Professional Practice
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About Paul Hastings LLP
Paul Hastings provides innovative legal solutions to many of the world’s top financial institutions and Fortune 500 companies in markets across Asia, Europe, Latin America, and the United States. Our Investigations & White Collar Defense group helps clients secure successful outcomes in high-stakes government investigations, litigation, and corporate compliance matters, including anti-corruption and FCPA, global trade controls, privacy and data security, securities enforcement, and white collar matters. We lead the way in our respective areas of law, from developing innovative compliance programs and measures to conducting complex, sensitive internal investigations. Our team represents numerous multinational corporations that do business in a wide array of industries and countries and, consequently, are potentially subject to simultaneous U.S. and multi-jurisdictional enforcement actions.
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