FCPA Compliance and Ethics Report-Episode 122-with Matt Kelly on Alstom, Avon and Petrobras
MacEwen: Law Firm M&A Demands 'Cultural Due Diligence'
Do I need an attorney if I am buying or selling a business?
Protecting Trade Secrets During Business Collaboration
Buying an FCPA Violation Mergers and Acquisition Risks
Anti-Corruption Due Diligence Practical Steps to Protect Your Company from Third Party Risks
Creating an Integrated Due Diligence System - Screening to Audits
Third Party Due Diligence When is Enough, Enough?
Keeping Your Due Diligence System Manageable March 31, 2014
Strengthening Companies: Operational Improvement Trends
Building an Integrated Third Party Due Diligence System Initial Screening to Audits
Due Diligence in Mergers, Acquisitions, and Corporate Transactions
Buying and Selling Businesses in Today's Economy, Stephen Opler
Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
LPOs Stealing Deal Work from Law Firms
Global Dealmaking in 2013: Why the Best Strategies will Dominate
The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance
On March 27, 2015, the U.S. Securities and Exchange Commission (SEC) announced charges against an investment bank and two of its bankers for failing to adequately review and escalate a due diligence report which contradicted...more
The Conflict-Free Sourcing Initiative has posted an updated 2015 version of its practical guidance white paper on conflict minerals specifically for downstream companies, called “Five Practical Steps to Support SEC Conflict...more
The definition of “effectiveness” for a third party risk management program is quickly changing — how is your organization keeping up?
I usually avoid predicting the future because you are bound to get something wrong. ...more
There is no shortage of environmental matters to navigate when buying a company or facility. Environmental counsel must first lead a diligence effort that delineates the target’s environmental footprint and then suss out the...more
The most enduring maxim of any transaction is “caveat emptor,” therefore a key element of any commercial real estate transaction is due diligence on the part of the purchaser. A thorough investigation into the fundamentals of...more
United Corporation v. Tutu Park Ltd., Inc., 2015 WL 457853 (V.I. Super. Jan. 28, 2015).
In this breach of contract case, the plaintiff asked the court to impose sanctions on Kmart, a non-party to the suit, and to hold...more
On January 20, 2015, the United States District Court for the Eastern District of California in Coppola v. Smith, 2015 U.S. Dist. LEXIS 5127, addressed the application of CERCLA’s innocent landowner defense against a somewhat...more
What steps should investors seeking opportunities in the energy sector take to conduct due diligence?
RK: It’s imperative that anyone looking to make a significant investment in today’s energy sector has a painstaking...more
Action Item: The Securities and Exchange Commission’s enforcement action against Goodyear Tire & Rubber Company and its investigation of Mondelez International provide key lessons to U.S. companies seeking to acquire foreign...more
We’ve all made that mistake. We should know better, but when it comes to hiring people, we take their word for it instead of doing 5minutes of detective work....more
Due diligence for a prospective merger or acquisition typically involves the buyer’s review of documents provided by the seller and interviews with the target company’s management. ...more
FCPA settlements carry with them a basket of compliance and enforcement lessons. The recent Goodyear settlement with the SEC for $16 million carries some important compliance and strategic reminders for ethics and compliance...more
Is it time to merge you firm? How do you know? And if it is, how can you be sure you're doing it right and not making mistakes that could doom the new entity? Mergers are complex, but if you consider these seven questions,...more
For years, banks have relied on third party vendors to provide specialized products or services, or have used outsourcing as a way to reduce internal operating costs. In the wake of the financial crisis, however, regulators...more
It’s inevitable that you will have to share some confidential information with potential buyers during the course of a sale process. Anyone thinking about buying your business will want to do at least some level of diligence...more
The projections as to the near- and medium-term future of oil and gas prices are mixed – to say the least. Irrespective of the direction prices ultimately go, industry is faced with significant...more
In its recent decision to impose $20 million in sanctions upon Oppenheimer and Co. for the company’s failure to maintain internal controls to promote enforcement of the Bank Secrecy Act (BSA), FinCEN revealed the emphasis it...more
Investors must address several key issues at the outset of a restructuring to smooth the path to a successful realisation of their investment.
The classic image of a restructuring situation is of the critically ill...more
In 2014, Lenovo began selling its laptops bundled with a piece of software known as SuperFish, which enabled Lenovo to display more targeted advertising content to its users to “enhance [the] user experience” of its...more
Goodyear Tire and Rubber Company settled FCPA books and records and internal control charges with the SEC. The settlement reflects the extensive cooperation and remedial efforts of the company. In the Matter of Goodyear Tire...more
In late January, the FAR Council issued its long-awaited final rule amending the FAR to strengthen the U.S. Government’s policy against human trafficking. As discussed below, the amendments may have far-reaching compliance...more
On February 24, 2015, Goodyear Tire & Rubber Co. agreed to pay more than $16 million to settle charges that two of its subsidiaries allegedly paid $3.2 million in bribes that generated $14,122,535 in illicit profits. The SEC...more
Intellectual property (IP) due diligence is an assessment of the IP owned or used by a company and third-party IP rights that may impact the company’s business. More often than not, companies do not think about IP due...more
In This Issue:
- Pre-action costs protection in environmental claims
- Shared Parental Rights – what you need to know
- Due diligence on your partner in China – are you talking to the right person?
- An Interview...more
You have been asked to serve on the board of a nonprofit organization. Should you accept? Prospective board members should carefully consider an invitation to join a board. Before accepting, a potential board member should...more
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