Canadian Forum on Bribery and Foreign Corruption
The Fairmont Royal York; Toronto, Canada
Homer E. Moyer, Jr. speaks on the topic "Conducting Effective CFPOA/FCPA Due Diligence in Cross-Border Mergers, Acquisitions and Financings."
- How to evaluate a target’s anti-corruption compliance through the analysis of its
- 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
- situations that warrant 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 to consider
- compliance programs and internal controls in the new entity
- evaluating post-closing disclosure obligations
- addressing post-closing investigations and regulatory
obligations