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Recent Developments in Foreign Corrupt Practices Act Enforcement and Litigation

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DESCRIPTION

On Nov. 7, 2014, the Department of Justice (DOJ) issued a Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release 14-02 (the ‘‘DOJ Opinion’’) that provides real-world guidance on DOJ’s application of FCPA successor liability principles. The Opinion offers important insight into how DOJ assesses whether or not to pursue wrongful pre-acquisition conduct where the target was not historically subject to the reach of the FCPA.

The DOJ Opinion clarifies and reinforces the DOJ’s prior guidance regarding successor liability and offers some certainty for acquirers concerned about the prospect of inheriting FCPA liability. The DOJ Opinion was the product of a formal request from a U.S.-based multinational, who was contemplating acquiring a foreign-listed consumer products company.

Join Bloomberg BNA and our expert panel of speakers from Ropes & Gray LLP for a live webinar that will discuss successor liability under the FCPA.

Educational Objectives:
• Discuss the Department of Justice’s Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release 14-02
• Analyze real-world guidance on DOJ’s application of FCPA successor liability principles
• Explore insights into how DOJ assesses whether or not to pursue wrongful pre-acquisition conduct where the target was not historically subject to the reach of the FCPA
• Describe successor liability under the FCPA

Who would benefit most from attending this program?
Companies, directors, corporate law practitioners interested in obtaining knowledge about the relevant requirements of the Foreign Corrupt Practices Act.

SPEAKERS

AMANDA N. RAAD, PARTNER, ROPES & GRAY LLP

Amanda N. Raad is a partner at Ropes & Gray LLP. Her practice focuses on investigations and resolutions of cross border anti-corruption and anti-money laundering matters. Amanda also develops and implements risk-based compliance programs. Amanda has expertise across sectors with a particular focus on private equity, finance, pharmaceuticals, medical devices, and the energy industries. Amanda also serves the pharmaceutical and medical devices industries in their defense of False Claims Act matters. She is a member of the New York and Illinois bars, and is a registered foreign lawyer in England and Wales.


MARCUS THOMPSON, PARTNER, ROPES & GRAY LLP

Marcus Thompson is a partner at Ropes & Gray LLP. He assists clients with a variety of business-related criminal matters such as anti-money laundering, anti-bribery and corruption, international sanctions and corporate investigations. He has significant experience of advising companies on the design and implementation of compliance programs and has worked on such programs in many countries around the world. Marcus also serves as Assistant General Counsel in Ropes & Gray’s Office of the General Counsel. In this role he is responsible for legal, risk, compliance and other regulatory matters relating to the firm’s London and Asian offices. Previously, Marcus was a barrister in independent practice where his work focused on serious crime. After leaving private practice he served as the legal adviser on financial and international crime at the Serious Organized Crime Agency (now the National Crime Agency) in London. Immediately prior to joining Ropes & Gray, Marcus was General Counsel and Chief Compliance Officer at Walkers, a leading offshore law firm. He is qualified as a Barrister in England and Wales.