THE FOREIGN CORRUPT PRACTICES ACT IN MERGER AND ACQUISITION TRANSACTIONS: SUCCESSOR LIABILITY AND ITS CONSEQUENCES
@inproceedings{Grimm2015THEFC, title={THE FOREIGN CORRUPT PRACTICES ACT IN MERGER AND ACQUISITION TRANSACTIONS: SUCCESSOR LIABILITY AND ITS CONSEQUENCES}, author={Daniel J. Grimm}, year={2015} }
This Article traces the development of successor liability under the Foreign Corrupt Practices Act (“FCPA”) by outlining the transition from corporate self-regulation to a harsher brand of private enforcement that poses significant challenges for transnational mergers and acquisitions (“M&A”). By holding innocent acquirers liable for the pre-acquisition FCPA violations of target entities, the U.S. Department of Justice and the Securities and Exchange Commission have created a regulatory… CONTINUE READING
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