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Expert Analysis

Why M&A Due Diligence Won't Prevent An FCPA Violation

Law360, New York (October 24, 2013, 5:13 PM EDT) -- Conducting appropriate, risk-based due diligence during mergers and acquisitions is just the "tip of the iceberg" when seeking to avoid successor liability for historical criminal conduct of the target company. Reflecting long-standing U.S. Foreign Corrupt Practices Act[1] enforcement agency policies, the recently published resource guide to the FCPA from the U.S. Department of Justice and the U.S. Securities and Exchange Commission makes clear that it is important for companies to conduct appropriate anti-corruption due diligence during merger and acquisition activities in order to mitigate the risk of FCPA successor liability.[2]...

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