FCPA Boot Camp
The Blackstone Renaissance Hotel, Chicago, IL
Kathryn Cameron Atkinson will speak on the following topics:
Conducting FCPA Due Diligence in Mergers and Acquisitions and Joint Venture Transactions
- What prospective acquirers should look for in a target's
FCPA compliance - How due diligence process defers for joint venture partners
- Determining if the risk of undisclosed FCPA violations is present
- Assessing the effectiveness of the target's internal FCPA
compliance controls - Evaluating procedures the target company has in place to
identify and mitigate FCPA risks - Reviewing target's written agreements with all international
agents and third parties - What to do if due diligence efforts reveal problems
- disclosure to the DOJ and SEC
- conduct of a joint investigation
- role of outside counsel
- forensic auditors
- interviews/evidence summaries/real time updates
- Securing a disposition prior to closing and other
transactional issues - Post-closing compliance requirements
- continuing cooperation and disclosures
- disciplinary actions
- compliance programs and internal controls in the new entity
Understanding the Limits of Gift Giving, Facilitating Payments and Hospitality
- Contractually-mandated hospitality: how to handle it and what is reasonable
- Pure hospitality ("relationship building"): when is it considered promotion, demonstration, or explanation of products and services
- Spouses and children: when is hospitality permitted?
- Gifts and meals: what is reasonable and customary
- Best practices for business travel
- The FCPA's definition of facilitating payments: when does grease become a bribe?
- Preparing for increased scrutiny of facilitating payment
- Monitoring facilitating payments and third parties
- Extortion, duress and customs - are they defenses?