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Expert Analysis

Rethinking Successor Liability Under FCPA And FCA

Law360, New York (April 10, 2014, 1:21 PM EDT) -- ​Although a deal's structure — merger, stock purchase or asset purchase — may be driven by considerations other than successor liability, the buyer will always want to know how the deal structure will affect its liability for the target or seller's violations of law. This is particularly true with respect to liabilities arising from conduct that could result in government enforcement actions, such as violations of the Foreign Corrupt Practices Act or the False Claims Act....

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