FCPA Due Diligence in Acquisitions

    View Author January 2010

    With recent increases in Foreign Corrupt Practices Act (FCPA) enforcement investigations by the Department of Justice (DOJ), due diligence has become a requirement for US-based companies engaged in acquisitions outside the United States. Requirements include investigating consultants, limiting travel expenditures for “foreign officials” and drafting contract provisions that provide post-acquisition protection.

    In this article, Squire Sanders lawyers Rebekah J. Poston, David A. Saltzman and Gregory W. Bates present a real life scenario to demonstrate the lengths to which a publicly traded US-based company must go in performing FCPA due diligence when it decides to acquire an enterprise in another country known for its corruption.

    This article was originally published in the January 20, 2010 edition of The Review of Securities & Commodities Regulations and is reprinted with permission.