Wednesday, September 11, 2019
Webinar: Buyer Beware: The DOJ and SEC are Serious about FCPA Successor Liability
12:00 PM - 01:00 PM
Please join us for a complimentary Webinar (Web-based seminar produced through Adobe Connect)
sponsored by the IADC Corporate Counsel Committee, International Committee, and White Collar
Defense and Investigation Committee on Wednesday, September 11, 2019 for (1) hour beginning at:
10:00 AM PDT / 11:00 AM MDT / 12:00 PM Noon CDT / 1:00 PM EDT.
Buyer Beware: The DOJ and SEC are Serious about FCPA Successor Liability
Companies looking at acquisitions need to try to eliminate the risk of successor liability for the acquired
company’s policies, practices, and missteps. Not only can successor liability diminish the value of the
acquisition, but it can also expose the acquiring company to significant criminal liability, fines, negative
media attention, and reputational damage. The SEC recently clamped down on an acquiring company for
its failure to timely and comprehensively address matters discovered in its pre-acquisition due diligence
and several post-acquisition audits.
This Webinar will acquaint attendees with the circumstances and holdings of In the Matter of Kinross Gold Corporation, SEC Release No. 82946 (March 26, 2018). The Kinross case demonstrates that preacquisition diligence is not enough. Companies must take meaningful efforts to affect necessary
remediations, implement strong compliance programs, and closely monitor the real-world results of those
programs. While the U.S. government may not require perfection on Day One post-acquisition, any
company that permits a notable delay creates significant risk for itself. Although the Kinross case was a
civil SEC settlement, there is every reason to believe that the DOJ would, if the facts were available, take
a similar approach toward criminal enforcement.
To register, click here.
For details on any upcoming Webinar, please visit the Webinar page on the IADC website.
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