Due Diligence, FCPA | JD Supra Law News

As Nonprofits Expand Their Global Reach, a Special Focus on Tax, Trademarks and the Foreign Corrupt Practices Act

by Charles Kolstad, Lindsay B. Meyer, Andrew D. Price, Jeffrey S. Tenenbaum | Venable LLP on 5/14/2013

In this presentation: - Introduction - Trademark/Brand Strategy and Protection - U.S. Foreign Corrupt Practices Act and Anti-Corruption - Cross-Border Tax Planning and Compliance Please see...more

How to Minimize FCPA Risk in Health Care Acquisitions

by Mintz Levin - Health Law on 5/10/2013

When acquiring a health care company doing business abroad, there is no such thing as being too thorough with anti-corruption due diligence. The Department of Justice and the Securities and Exchange Commission have the...more

Preventing Corruption While Protecting Personal Information

by Suhna Pierce, Ruti Smithline, Marian Waldmann | Morrison & Foerster LLP on 5/6/2013

Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country...more

How Much Due Diligence Is Enough?

by Thomas Fox on 5/3/2013

Do you really know who you are doing business with in your supply chain? How much due diligence is enough? Should you update your due diligence on a regular basis? How about on a continuous basis? What ethical considerations...more

Dow Jones’ Anti-Corruption Survey: Key Findings

by Simmi Singh Corcoran | NAVEX Global on 4/5/2013

During the past few years, there has continued to be a shift in the amount of attention companies are putting towards corruption concerns and anti-corruption programs. This is evident in the recent survey of 311 compliance...more

Anti-Corruption Compliance Check-Ups

by Michael Volkov on 3/11/2013

The Justice Department’s message is getting through. The two-fisted strategy of aggressive enforcement and public cajoling on the importance of compliance is being heard by the business community. The Justice Department and...more

Analyzing the Risk of Distributors Under the FCPA-the Simon Approach

by Thomas Fox on 2/26/2013

Ed. Note-we continue our series on the risk analysis and assessment of distributors under the FCPA and management of that risk. Today, David Simon contributes a guest post where he articulates another approach to the risk...more

Distributors Should Be Analyzed As Any Other Third Party Representative in the Sales Chain

by Thomas Fox on 2/25/2013

Ed. Note-David Simon is a partner at Foley and Lardner and Bill Athanas is a partner at Waller Lansden Dortch & Davis, LLP. Both have practices which include FCPA compliance. After my recent post on distributors under the...more

Inside M&A - Winter 2013

by Obiamaka P. Madubuko, Jeffrey Rothschild, Frank Schoneveld, Jake Townsend | McDermott Will & Emery on 2/22/2013

In This Issue: - FCPA Due Diligence is Critical to Avoid Successor Liability in Cross-Border Transactions - China’s Merger Control Rules...more

Doing Business In Italy - Step Up Your FCPA Compliance Now

by Thomas Fox on 2/18/2013

Former Italian Prime Minister Silvio Berlusconi is no stranger to scandal and controversial statements, but lately his words and actions seem to be providing cause for concern outside of the European Union....more

Distributors under the FCPA

by Thomas Fox on 2/13/2013

If there was ever a question that distributors were covered under the Foreign Corrupt Practices Act (FCPA), in 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) made it emphatically clear that...more

Due Diligence on Human Rights? Consider Consulting Your FPCA Counsel.

by Sarah A. Altschuller | Foley Hoag LLP - Corporate Social... on 2/8/2013

Human rights due diligence requires many of the hallmarks of existing corporate compliance programs: clear policies; assessments of risk; and the integration of strong standards into corporate management systems. This...more

"Anti-Corruption Due Diligence in Corporate Transactions: Implementing a Risk-Based Approach"

by Gary DiBianco, Kelly Schulz | Skadden, Arps, Slate, Meagher & Flom LLP on 2/7/2013

Anti-corruption issues continue to present significant risks in acquisition and investment transactions because regulators continue robust enforcement in this area and emerging markets often present the greatest economic...more

Siemens Whistleblower Complaint Underscores Need for "Top-Down" Anti-Corruption Compliance

by Anthony Moshirnia | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of foreign officials for the purpose of obtaining or retaining business. That...more

Boeing and the Conduct of Due Diligence on Sub-Suppliers

by Thomas Fox on 1/28/2013

The Foreign Corrupt Practices Act (FCPA) act has language which makes illegal a direct or indirect act which might be used to obtain or retain business from prohibited parties. This has caused companies to begin to look at...more

Pfizer FCPA Settlement Emphasizes the Importance of Robust Compliance Programs for the Healthcare Industry

by Bora Rawcliffe | Sheppard Mullin Richter & Hampton LLP on 1/23/2013

The healthcare industry has been under increased SEC and DOJ scrutiny lately for potential FCPA violations. What has been described as an “industry sweep,” has focused primarily on medical device and pharmaceutical companies....more

The FCPA Guidance on the Ten Hallmarks of an Effective Compliance Program

by Thomas Fox on 1/23/2013

Many commentators are still mining the Department of Justice (DOJ)/Securities and Exchange Commission (SEC) publication, A Resource Guide to the U.S. Foreign Corrupt Practices Act, (the “Guidance”), which was released last...more

Marks of Excellence – the Lakers 33 Game Winning Streak and FCPA Compliance Tools

by Thomas Fox on 1/9/2013

Sorry Bill Simmons, but today we celebrate one of the great modern day records of any American sports franchise. On this day 41 years ago, the Milwaukee Bucks beat the Los Angeles Lakers to end the Lakers 33 game winning...more

The Lilly FCPA Enforcement Action (Part III) Lessons Learned from Russia

by Thomas Fox on 1/4/2013

This Part III is the final installment of my review of the Eli Lilly and Company (Lilly) FCPA enforcement action brought by the Securities and Exchange Commission (SEC). In this Part III, I will review the FCPA issues that...more

From China to Poland and Brazi l- The Lilly FCPA Enforcement Action- Part II

by Thomas Fox on 1/3/2013

In Parts II and III of my review of the Eli Lilly and Company (Lilly) Foreign Corrupt Practices Act (FCPA) enforcement action brought by the Securities and Exchange Commission (SEC), I will discuss some the processes and...more

The Lilly FCPA Enforcement Action Part I – Key Lessons Learned on Sportsmanlike Conduct

by Thomas Fox on 12/31/2012

As you see from today’s picture I am enthusiastically wearing a New England Patriots (classic) shirt. You may ask yourself why am I wearing this shirt? The reason is because of a rather rash wager I made with Jay Rosen, Vice...more

FOREIGN CORRUPTION RISK MITIGATION: THE IMPORTANCE OF RECENT US FCPA GUIDANCE TO CANADIAN COMPANIES

by John Boscariol on 11/26/2012

Over the last year and a half, Canadian corporate culture has been undergoing significant change in response to new and vigorous enforcement of the Corruption of Foreign Public Officials Act (CFPOA) by the Royal Canadian...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Due Diligence › The Foreign Corrupt Practices Act