DOJ Issues Important Merger-Related Guidance Focusing on Role of Due Diligence

Crimes/FCPA;

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Please click on the thumbnail to the right to find a new FCPA Alert that discusses the Department of Justice's recent Opinion Procedure Release 08-02, that provides important merger-related FCPA guidance. Consistent with other recent DOJ pronouncements and enforcement proceedings, Release 08-02 emphasizes the compelling importance of due diligence, this time in the acquisition context. Among other things, the Release also (a) emphasizes the critical need to remediate improper conduct, including through the termination of relationships with third parties and employees; (b) reiterates the DOJ's view as to the importance of self-disclosure; and (c) clarifies to some extent the DOJ's view of inherited liability in the acquisition context, including pre-existing joint ventures and business relationships.