Critical Steps to Take and Questions to Ask When Conducting Pre-Merger Anti-Corruption Due Diligence

There is no doubt that the most aggressive enforcement of the Foreign Corrupt Practices Act (“FCPA”) by the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) since the FCPA was enacted in 1977 has occurred in the last decade. These prosecutions and enforcement actions have, in large part, been focused on individuals and entities who either directly or through agents and intermediaries have
engaged in some form of bribery that violates the FCPA.

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