The Impact of an Asset Purchase Transaction Structure on FCPA Risk

26 August 2020 Global Banking & Finance Review Publication
Author(s): David W. Simon James P. Peterson Stephanie M. Cash
Foley attorneys David Simon, Rohan Virginkar, James Peterson, Kristen Maryn, and Stephanie Cash published an article describing the heightened risk associated with acquiring non- or extra-U.S. targets, and particularly the significant risks under the United States Foreign Corrupt Practices Act. Among the topics covered are deal structure and successor liability, the enforcement authorities’ approach to successor liability under the FCPA, and practice tips. Interested parties can access the article here.