News & Analysis as of

Successor Liability Compliance Department of Justice (DOJ)

Benesch

How DOJ’s Safe Harbor Policy Alters the Calculus for M&A Due Diligence

Benesch on

Since at least the adoption of the organizational Federal Sentencing Guidelines in 1991, the government has encouraged companies to adopt an effective compliance program that prevents and deters misconduct....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Official Cites Old West ‘WANTED’ Posters in Announcement of New Whistleblower Monetary Awards Program

On March 7, 2024, Deputy Attorney General Lisa Monaco said that the U.S. Department of Justice (DOJ) will test out a program to pay whistleblowers if they provide information on serious financial crimes and foreign and...more

Lowenstein Sandler LLP

Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid Buyer’s Remorse and Other...

Lowenstein Sandler LLP on

The arduous process of FCPA compliance requires risk teams to digest and cross-reference a morass of information – from internal data analysis to human representatives collecting interviews on the ground. Diligence failures...more

Thomas Fox - Compliance Evangelist

The FCPA Resource Guide, Second Edition – Final Thoughts

Today, I want to conclude my five-part exploration of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) updated A RESOURCE GUIDE TO THE U.S. FOREIGN CORRUPT PRACTICES ACT SECOND EDITION (2020...more

BCLP

Foreign Corrupt Practices Act Enforcement: 2017 Year-in-Review

BCLP on

Enforcement of the Foreign Corrupt Practices Act (FCPA) again remained a high priority for the Department of Justice and the Securities and Exchange Commission in 2017, resulting in 11 companies paying over $1.92 billion to...more

Thomas Fox - Compliance Evangelist

Opinion Release 14-02: Dis-Linking The Illegal Conduct Going Forward

One of my favorite words in the context of Foreign Corrupt Practices Act (FCPA) enforcement is dis-link. I find it a useful adjective in explaining how certain conduct by a company must be separated from the winning of...more

McDermott Will & Emery

Inside M&A - Fall 2014

McDermott Will & Emery on

Managing Compliance Risks in M&A Transactions - Buyers can acquire unintended and potentially very damaging liabilities together with target business or assets. Analyzing the financial situation of a target company,...more

McDermott Will & Emery

Inside M&A - Winter 2013

McDermott Will & Emery on

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

The Volkov Law Group

Good News, Bad News and Missed Opportunities on “Successor Liability”

The Volkov Law Group on

The FCPA Guidance contains good news and bad news. When I ask one of my kids which they want to hear first … they inevitably choose bad news first. With that in mind, the FCPA Guidance includes relatively bad news on...more

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