One of the clearest themes from the 2012 FCPA Guidance was around the importance of your pre-acquisition work in any merger or acquisition on a target company. In the section on Declinations, the 2012 FCPA Guidance provided an example of a company which had received a declination in large part because of its pre-acquisition work, which then served as a basis of its post-acquisition remediation. I find it appropriate to think of the process as a straight line, directly from the pre-acquisition phase through to closing and then to See more +

One of the clearest themes from the 2012 FCPA Guidance was around the importance of your pre-acquisition work in any merger or acquisition on a target company. In the section on Declinations, the 2012 FCPA Guidance provided an example of a company which had received a declination in large part because of its pre-acquisition work, which then served as a basis of its post-acquisition remediation. I find it appropriate to think of the process as a straight line, directly from the pre-acquisition phase through to closing and then to remediation, integration and self-reporting in the post-acquisition phase.

It should all begin with a preliminary pre-acquisition assessment of risk. Such an early assessment will inform the transaction research and evaluation phases. This could include an objective view of the risks faced and the level of risk exposure, such as best/worst case scenarios. A pre-acquisition risk assessment could also be used as a mechanism through which to view the feasibility of the business strategy and help to value the potential target.

See less -