News & Analysis as of

Due Diligence

How To Find The Right Distributor For Your Craft Beer

by Mulcahy LLP on

According to the National Beer Wholesalers Association, licensed beer distributors offer more than 13,000 labels produced by some 3,464 U.S. breweries. With the number of craft breweries increasing by nearly 20% per year, the...more

Retaining a “Risky” Third-Party

by Michael Volkov on

Every company has done it. Chief Compliance Officers have had to hold their respective noses and push forward with due diligence to retain a risky third party. Rather than reject the third party, a CCO convinces him or...more

Survey of 2016 Conflict Minerals Filings Released

Development International has released its annual survey of conflict minerals reports for the 2016 reporting period which were filed in 2017. Despite the SEC’s no action position which relaxed conflict minerals reporting...more

Fourth Money Laundering Directive (MLD4) and the new Regulations

by Locke Lord LLP on

The MLD4 came into force on 26 June 2017. This was the date by which all member states were required to bring into force the laws, regulations and administrative provisions necessary to facilitate their compliance with...more

Court Addresses Waiver Implications of a Target's Due Diligence Disclosures to its Ultimate Acquirer

by McGuireWoods LLP on

Acquiring companies predictably seek information from their acquisition targets, such as descriptions of the targets' ongoing litigation. During their due diligence, the acquirer may demand the target's documents or...more

What is the Financial Health of Your Third Parties?

by Thomas Fox on

What are some of the ways to consider third party risk, management of that risk and strategic risk in a compliance program? Typically, a Chief Compliance Officer (CCO) or compliance professional will consider the ownership...more

Using a Human Rights Lens to Strengthen Your Anti-Corruption Compliance Program

Companies are increasingly expected to manage the human rights impacts of their activities. This expectation is embedded in new legislative requirements, in the requirements of business partners and investors, and in the...more

ILPA Issues Guidance on Use of Subscription Credit Facilities

by Dechert LLP on

The Institutional Limited Partners Association (“ILPA”), the body that represents the international limited partner community, has recently issued a best practice guide to assist both investors and managers1 with the use of...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

FCPA Risks and Acquisition Integration Challenges

by Michael Volkov 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

Singapore Legal Update - July 2017

by Allen & Overy LLP on

Issues of Corporate Governance and Due Diligence Raised in SingPost's Review of Its Acquisition of TradeGlobal - SingPost issued an update on its review of its acquisition of TradeGlobal Holdings Inc. The report...more

Mergers and Acquistions: Effectively Navigating I-9 Compliance Issues

by McNair Law Firm, P.A. on

Corporate mergers and acquisitions are typically complex and expensive transactions. While financial matters typically comprise the core of an acquiring company’s due diligence efforts during a merger or acquisition,...more

A Potential New Application of Defamation by Implication: Media Layout and Accompanying Images at Issue in ISIS Antiquities...

by Akin Gump - Excubitor on

On Monday, July 17, 2017, world-renowned antiquities dealer Hicham Aboutaam sued the parent company of a popular newspaper alleging that a story it published defamed him. The article, titled “Prominent Art Family Entangled in...more

Key Consideration for In-House Counsel: Reviewing Domestic Law Against International Human Rights Standards

In reviewing your current operating locations, do you know the extent to which domestic law is protective of human rights? Is there a disconnect between your company’s stated commitment to respect human rights and the due...more

How to spot PEPs and what to do with them – the FCA's Finalised Guidance 17/5

by Dentons on

The guidance issued by the FCA in FG 17/5 (the Guidance) is likely to make a significant difference to the way in which firms identify and manage their relationships with politically exposed persons (PEPs). The FCA has used...more

Immigration Compliance Due Diligence is Essential to M&A Transactions

Okay, you are about to close on the $50,000,000 acquisition agreement that was signed months ago. A New Jersey company is acquiring a New Jersey company. No international offices. Due diligence has commenced and concluded....more

Protecting Data: Vendors May Be Your Weakest Link

by Murtha Cullina on

A Verizon Communications vendor misconfigured a cloud server that caused the information of 6 million Verizon customers to be exposed on-line. When a cyber incident or data breach occurs on your vendor’s watch, regardless of...more

New guidance for lawyers advising businesses on human rights risks

by DLA Piper on

On 17 July 2017, the International Bar Association Legal Policy and Research Unit (LPRU) released a Handbook for Lawyers on Business and Human Rights to provide guidance for business lawyers and their corporate clients on how...more

Why Lawyers and Firms Should Actively Manage Their Online Presence

by Jackson Walker on

The need for due diligence research is high for both law firms and their clients. Now more than ever, firms are researching attorney candidates before they are hired. Likewise, clients looking to hire an attorney or firm are...more

Conflict Minerals – The European Drive for Greater Supply-Chain Transparency Continues

by Allen & Overy LLP on

The EU has finally adopted new transparency rules regarding so-called conflicts minerals being imported into the EU. This follows a series of policy initiatives from the European Commission to drive for greater transparency...more

Why “one and done” FCPA due-diligence is not enough

In part II of my interview with Joe Spinelli, Senior Managing Director, Kroll, we continue to explore findings of the Kroll-Ethisphere 2017 Anti-Bribery and Corruption Benchmarking Report. In this interview, Joe shares: *...more

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

by FordHarrison on

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

EPA Updates Due Diligence Standard under Superfund for Large Tracts of Land

by Arnall Golden Gregory LLP on

EPA published notice in the Federal Register on June 20, 2017, updating the “All Appropriate Inquiry Rule” for forestland and rural property. A purchaser or a tenant must demonstrate that it has performed All Appropriate...more

How does a contractor comply with a duty to proceed regularly and diligently with construction works?

by Hogan Lovells on

Most construction contracts require contractors to proceed with their works "regularly and diligently" (or an equivalent requirement such as "with due diligence" and "with due expedition and without delay"). Surprisingly, not...more

AML Due Diligence Standards for U.S. Lawyers

by Ballard Spahr LLP on

Increasingly, international bodies are calling for higher standards for gatekeepers, known in the parlance of the Financial Action Task Force (“FATF”) as “designated non-financial businesses and professions” (“DNFBPs”)....more

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