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Overview
Sophisticated financial and strategic buyers are becoming ever more aware of the importance of compliance-related due diligence in cross-border M&A transactions, especially where FCPA/anticorruption risk may be at issue. The DOJ and SEC have emphasized the responsibility of buyers to perform adequate diligence and significant FCPA-related fines and penalties arising in the wake of corporate acquisitions show the importance of adequately assessing such risk before a transaction. Having the right expertise and a strong track record of diligence and analysis of FCPA risk during a deal can be useful if an issue does arise. A key step in adequately assessing such issues is understanding important areas of anticorruption risk to look for when evaluating a target.
Michael M. Farhang a former federal prosecutor and partner at Gibson, Dunn & Crutcher LLP will discuss:
- The approaches to diligence
- The role of representations and warranties
- Focusing on and assessing FCPA risk
Program Level: Update
Intended Audience: In-house counsel, outside attorneys, board members, corporate officers, and other professionals responsible for conducting due diligence or responding to due diligence requests in the cross-border mergers and acquisitions context
Prerequisites: A familiarization with the cross-border corporate mergers and acquisitions process
Advanced Preparation: None