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Emerging Markets M&A
A fresh look at successor liability associated with the Foreign Corrupt Practices Act
Recent headlines have highlighted the dramatic surge in prosecutions being brought by the US government under the Foreign Corrupt Practices Act (FCPA), which makes it illegal to bribe foreign officials. Every year, a significant number of potential buyers abandon what appear to be promising deals in emerging markets due to hints of FCPA infractions, such as bribes or other illegal payments to government officials. A recent US Department of Justice (DOJ) opinion indicates that FCPA threats do not automatically translate into deal-breakers.
Learn key steps potential buyers should consider in their efforts to mitigate FCPA compliance risks, including successor liability, in emerging market deals.