After discussing the importance of incorporating export and import compliance into the M&A due diligence process, Doreen Edelson of BakerDonelson provides a list of some import and export topics to include in your process.
U.S. Regulation of Exports and International Conduct: Dealing with Merger Issues Under the FCPA
The FCPA risks for acquirers take a variety of forms from the legal risks for the conduct of acquired companies to the potential loss of business if the acquirer must terminate transactions tainted by bribery.
Foley & Lardner’s Greg Husisian provides best practices for avoiding these issues associated with the FCPA and mergers & acquisitions.
Mergers and Acquisitions Compliance in Brazil: An Overview
Brazil’s economic and social climate is like no other. It is big, fast and incredibly lucrative. But, this global player is not yet a global leader. Investors looking to capitalize on the Latin American tiger must keep in mind that Brazil’s laws and regulations are still catching up. In fact, Brazil is currently in the bottom 60 of 187 countries ranked by the World Bank for “ease of doing business.”
The potential pitfalls facing dealmakers are well-illustrated in the M&A context. To ensure compliance, dealmakers should be aware of certain key laws and regulations. Michael Diaz of Diaz, Reus & Targ LLP sheds some light on the unique aspects of M&A transactions – the Brazilian way.
Negotiating the Deal With Taxes in Mind
As the economy slowly gets back on its feet, we can expect corporate acquisition activity to be on the rise. A strategic question a company needs to contemplate in the negotiation stage of a corporation acquisition is whether the deal is going to be structured as an asset deal, a stock deal or stock deal treated as an asset purchase. The tax ramifications and compliance issues are quite different depending on which structure is chosen.
Auditing the Due Diligence Process
Given its tendency to be overshadowed by the more exciting aspects of the M&A process, internal auditors can contribute significant value by ensuring that a vibrant due diligence process is in place and operating as intended. A rigorous audit of the M&A due diligence process can help companies take advantage of legitimate new business opportunities, while at the same time help them minimize risks.
Rushing into Russia – Proceed with Caution
Based on the vast improvement in the standard of living and an increase in disposable income estimated at 60% by 2015, Russia has the potential to become a lucrative market for the retail industry, but companies must specifically consider Russia’s increased risk of bribery and corruption. We focus on four key risk areas as part of a broader anti-corruption risk assessment process: acquisition, construction, operations, and supply chain.
The FCPA and Mergers and Acquisitions
In a webinar on December 2, 2010, Michael Volkov, partner in the law firm of Mayer Brown and Ryan Morgan, Sales and Alliance Director of World Compliance, discussed the implications of the Foreign Corrupt Practices Act (FCPA) to mergers and acquisition.
Reza Saleh of Perot Systems Charged With Insider Trading in Wake of Perot-Dell Deal
Earlier today it was announced the Reza Saleh is being charged with insider trading by the SEC. The charges involve gains received by Saleh through insider trading in the wake of the recent Perot-Dell deal.
