Don’t Buy an FCPA Problem in an Overseas Deal

Justin Roberts, partner in the litigation group in the Cleveland office, and Sean Purcell, a partner in the corporate group in the Washington, D.C. office, authored an article for Crain’s Cleveland Business titled “Don’t Buy an FCPA Problem in an Overseas Deal.” The article highlighted the ways that American businesses looking to acquire an overseas company can reduce the risks of Foreign Corrupt Practices Act investigations.

The article states:

“Risk factors to look for include historic corruption in the country or region where the target company conducts business, government contracts the target company may have and its use of third parties such as sales agents and intermediaries.

If there is not enough time to review every payment or sale, the due diligence should include a well-documented testing of sample transactions that have been identified. While no due diligence plan can guarantee that a post-acquisition FCPA issue may not arise, dedicating the resources to conduct tailored due diligence on the front end of the transaction can decrease the risks of buying a much more costly FCPA problem after the transaction has closed.”

To read the entire article, visit the Crain’s Cleveland Business website.