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Homer Moyer Quoted in BNA’s Corporate Accountability Report Regarding the Need to Strengthen Due Diligence Practices before a Foreign Merger

Subtitle
"Companies Told to Use Proper Due Diligence to Combat Foreign Merger, Transaction Fraud"

BNA Corporate Accountability Report

Homer Moyer discusses the impact of the increased scrutiny over compliance with the Foreign Corrupt Practices Act (FCPA) and the 2010 United Kingdom Bribery Act. He encourages enhanced due diligence practices prior to foreign mergers or other business transactions, which reveal "important details regarding a target company’s general business and compliance practices." Moyer goes on to identify several key issues that need to be considered when exercising due diligence for FCPA compliance, including provisions in merger and acquisition agreements that provide for due diligence and commit the target company to cooperate; closing schedules that ensure there is ample time to conduct due diligence; and other possible complexities, such as acquisitions of companies that have themselves recently acquired other companies, companies with a global footprint, or companies with past violations or an ongoing DPA.