Abstract Motion Library Insight

Taking Center Stage: The Rise and Rise of M&A Compliance Due Diligence

Pre-transactional or pre-acquisition compliance due diligence (CDD) is an essential component of any major transaction and demanded by investors and buyers, especially for cross-border mergers and acquisitions.
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With companies facing rising enforcement in the US, UK, China, Brazil and other jurisdictions, managing risk is a top priority for global businesses. With our internationally recognized lawyers and our long-standing presence in the highest-risk jurisdictions, our Global Compliance & Investigations Group is there to advise clients on how best to mitigate risk and conduct business ethically without sacrificing profitability.

Deferred prosecution - Conducted an internal investigation, designed worldwide FCPA training and created a remediation plan for a leading energy construction and engineering services company under investigation for paying millions in bribes to foreign officials in South America and Africa. As a result, we persuaded the US government that our client’s complete cooperation, swift handling of non-compliance employees and dedication to instituting remedial action warranted a deferred prosecution agreement.

Successful joint venture - Conducted FCPA and trade sanctions due diligence, drafted protective contractual language and developed compliance policies and procedures that enabled a US public company to proceed with its proposed joint venture with a Chinese state-owned entity. We also trained the joint venture partner’s Chinese legal and business teams on US anti-corruption and trade sanction laws to prevent future liability.