Importance Of FCPA Due Diligence In Cross-Border M&A

Law360, New York (March 4, 2014, 2:13 PM EST) -- The increasing focus on enforcement of the U.S. Foreign Corrupt Practices Act, Canadian Corruption of Foreign Public Officials Act and U.K. Bribery Act, as well as similar anti-corruption laws around the globe, has made conducting pre-acquisition anti-corruption due diligence an essential element of any cross-border merger or acquisition, especially if the target does business in a jurisdiction where local officials may expect to be compensated for simply doing their job.

Although some may view their payments to “government officials” (the definition of which is very broad) as merely a cost of doing business or a necessary evil to expedite the granting...

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