Document
19th National Conference: Foreign Corrupt Practices Act
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?