19th National Conference: Foreign Corrupt Practices Act

Location: Bridgewaters - At Historic South Street Seaport, New York, NY

Homer E. Moyer, Jr. chairs the event and speaks on the topic "Conducting Pre-Merger (or Pre-IPO) FCPA Due Diligence:"

  • What prospective acquirers should look for in a target's anti-corruption compliance
    • governing legal framework
    • policies and procedures, training, auditing and internal controls
    • historical risk issues
  • What to do if pre-merger due diligence efforts reveal problems
    • evaluating public disclosure obligations under ad hoc and materiality standards
    • pros and cons of disclosure to authorities in relevant countries
    • conducting additional due diligence or investigatory work
    • role of outside counsel and forensic auditors
    • interviews/evidence summaries/real time updates
  • Assessing regulatory risks prior to closing and other transactional issues
  • Post-closing issues
    • compliance programs and internal controls in the new entity
    • evaluating post-closing disclosure obligations
    • addressing post-closing investigations and regulatory obligations

John E. Davis speaks on the topic "Conducting Due Diligence of Foreign Third Parties to Minimize Liability Risks:"

  • Due diligence: how to design and implement for a prospective foreign third party relationship
  • What enforcement agencies will expect you to have in your files
  • What to do when your company is proceeding in the face of a known risk involving a third party
  • How concerned should you be about local law?
  • Reducing risks when political pressure from government officials to use a specific commercial intermediary
  • Your good work has uncovered a "red flag" - now what?
  • Is it possible to rehabilitate an intermediary with a shady past? Do you need to?
  • Do contractual provisions, certifications and audit rights solve the problem?
Related Files
FCPA Conference Brochure 2008
Related Links