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Abstract: 

Recent enforcement actions of the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) highlight the importance of conducting due diligence on a potential acquisition target’s compliance with the U.S. Foreign Corrupt Practices Act (“FCPA”). These actions clearly demonstrate how FCPA liability can carry over to an acquiror subsequent to a merger, acquisition, or other such transaction, either for preacquisition activities of the target or post-acquisition activities of the acquired business. Acquirors would do well to conduct appropriate levels of FCPA due diligence prior to executing an acquisition agreement and prior to closing an acquisition.

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Affiliations:  1: Fulbright & Jaworski LLP; 2: Fulbright & Jaworski LLP.