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Compliance Acquisition Agreements

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
The Volkov Law Group

Deere’s Bribery Schemes — Circumventing Expense Controls (Part II of II)

The Volkov Law Group on

The Deere case is an important reminder for companies to devote proper attention to ensuring robust integration planning for acquired companies.  DOJ has provided important guidance on acquisition practices and the need to...more

Thomas Fox - Compliance Evangelist

Compliance Lessons on Mergers and Acquisitions from Star Trek: The Ultimate Computer

Last month, I wrote a blog post on the tone at the top, exemplified in Star Trek’s Original Series episode, Devil in the Dark. Based on the response, some passionate Star Trek fans are out there. I decided to write a series...more

Thomas Fox - Compliance Evangelist

Navigating Culture in Mergers and Acquisitions: A Strategic Approach

Mergers and Acquisitions (M&A) are often perceived as primarily financial transactions. However, the real success of these endeavors usually hinges on a less tangible but equally crucial factor: organizational culture. In the...more

Thomas Fox - Compliance Evangelist

Panuwat-Shadow Insider Trading and Compliance

Karen Woody is one of the country’s top legal experts on the intricacies of insider trading laws. I recently had the chance to visit with her about a significant case which pushed the boundaries of the case law on this topic....more

Thomas Fox - Compliance Evangelist

DAG Monaco on Cooperation and Compliance Incentives for M&A

Early in October at the 2023 SCCE Compliance and Ethics Institute, Deputy Attorney General Lisa Monaco delivered a long-anticipated speech expanding and formalizing the Department of Justice’s (DOJ’s) new Safe Harbor for...more

Ballard Spahr LLP

Safe Harbor Policy Incentivizes Disclosure of Acquired Companies’ Misconduct

Ballard Spahr LLP on

Summary - Deputy Attorney General Lisa O. Monaco unveiled Wednesday, Oct. 4, the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures (VSD) arising from mergers and acquisitions (Safe Harbor...more

Kohrman Jackson & Krantz LLP

What to Know When Buying or Selling a Cannabis Business

As more states legalize cannabis and the industry experiences ongoing growth, we are witnessing a rising trend of acquisitions and sales within this sector. While buying and selling a business is a complex process for any...more

The Volkov Law Group

OFAC Settles with S&P Global for $78,750 for Violations of Ukraine-Russia Sanctions Program

The Volkov Law Group on

Prosecutors and regulators are scouring their files for enforcement actions – criminal and civil – for violations of the 2014 Ukraine-Russia Sanctions Program.  The message being sent is clear – do not violate any sanctions...more

The Volkov Law Group

Building a Robust Post-Acquisition Integration Process (Part II of II)

The Volkov Law Group on

Companies that rely on mergers and acquisition for growth have to build robust post-acquisition integration policies and controls.  Such a requirement applies not only to ethics and compliance program integration but to...more

Thomas Fox - Compliance Evangelist

King Lear Week: Part V – the Fool (In theater and in business)

In 2010, HP made the decision to bring in someone, who was little known in Silicon Valley, to run the company, that person being Leo Apotheker, who had headed the German company, SAP. However, little noted at the time was the...more

Thomas Fox - Compliance Evangelist

King Lear Week: Part III – Changing Your Focus

Whenever you have conditions being imposed or being offered as a prerequisite of approval of a healthcare transaction, there is a need to have independent monitoring of whether those conditions are being effectively...more

The Volkov Law Group

The Importance of Pre-Acquisition FCPA Due Diligence (Part II of III)

The Volkov Law Group on

Several years ago (or in the recent past as some would say), pre-acquisition due diligence was a major compliance focus for global companies that grew through aggressive merger and acquisition strategies. ...more

The Volkov Law Group

FCPA Risks and Acquisition Integration Challenges

The Volkov Law Group on

Chief compliance officers have devoted significant efforts to conducting pre-acquisition due diligence of a proposed target companies. I do not intend to diminish the importance of pre-acquisition due diligence, but I have...more

Thomas Fox - Compliance Evangelist

Shakespeare Week – Part IV: Othello and Clash of Compliance Cultures

Which play in Shakespeare’s cannon presents the biggest clash of cultures, which leads to the most catastrophic result? I would have to opine Othello, one of the great tragedies in all of Shakespeare. Othello, a Moor and...more

Polsinelli

Corruption and the Closing Table: How Much Diligence is Due?

Polsinelli on

It is 2016 (almost). We all have heard about corruption – outrageous tales of money changing hands to enable access to new markets in under-regulated parts of the world, or payments for access to foreign ports, expediting the...more

Perkins Coie

Activist Funds Must Comply with HSR Premerger Reporting Rules

Perkins Coie on

The Federal Trade Commission (FTC) filed a complaint in August 2015 against three affiliated activist hedge fund companies and Third Point LLC, their management company, for acquiring voting securities in Yahoo! Inc. without...more

Morgan Lewis

OFAC Sanctions Compliance Provisions in Agreements

Morgan Lewis on

Due to costly settlements secured by U.S. regulatory agencies, banks, insurers, and corporations are increasingly inserting rigorous OFAC sanctions compliance language into their credit agreements, insurance policies, and...more

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