Drafting Foreign Corrupt Practices Act Compliance Provisions in Cross-Border Distribution Agreements
Contracting and Due Diligence Strategies to Mitigate FCPA/Anti-Corruption Exposure in International Distribution Relationships
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide business counsel for drafting Foreign Corrupt Practices Act (FCPA) compliance provisions in cross-border distribution agreements. The panel will discuss best practices and tips for mitigating anti-corruption risk exposure in international distribution relationships, including due diligence considerations, specific FCPA compliance language to include in distribution agreements, and auditing for distributor FCPA compliance.
Outline
- Conducting FCPA due diligence of foreign distributors
- Drafting FCPA compliance language in cross-border distribution agreements
- Monitoring distribution arrangements for FCPA compliance
Benefits
The panel will review these and other key issues:
- Due diligence best practices and red flags when selecting a foreign distributor
- FCPA compliance language for cross-border distribution agreements
- Best practices for monitoring distribution relationships for ongoing FCPA compliance
Faculty
David A. Berman
Counsel
Wilmer Cutler Pickering Hale and Dorr
Mr. Berman has extensive experience in complex securities litigation, internal investigations and regulatory... | Read More
Mr. Berman has extensive experience in complex securities litigation, internal investigations and regulatory enforcement matters. He joined the firm after spending more than four years on the staff of the US Securities and Exchange Commission in the Division of Enforcement. As senior counsel in the SEC’s San Francisco regional office, Mr. Berman investigated and prosecuted a wide array of securities laws violations by corporations and individuals, including financial fraud, insider trading, foreign corruption (FCPA), false proxy reporting and registration issues.
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Michael E. Burke
Partner
Arnall Golden Gregory
Mr. Burke possesses vast experience with cross-border transactions in more than 50 international jurisdictions. He... | Read More
Mr. Burke possesses vast experience with cross-border transactions in more than 50 international jurisdictions. He advises on business formation issues; structuring and execution of M&As; raising venture capital; building and operation of joint ventures and strategic alliances; creating distribution and reseller networks; licensing IP; and establishing quality and pharmacovigilance agreements. Mr. Burke also counsels clients on compliance with the FCPA, U.S. export controls and economic sanctions programs, and U.S. antiboycott regulations. He Co-Chairs the ABA-United Nations Development Programme International Legal Resource Center and is past Chair of the ABA Section of International Law.
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Adam Munitz
Partner
Fluet Huber + Hoang
Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign... | Read More
Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign investment, export compliance, international business transactions, FOCI, reviews by the Committee on Foreign Investment in the United States (CFIUS), and government contracting. He handles federal contracts, defense contracts, suspension and debarment, corporate transactions/contracts/agreements, international transactions, and mergers and acquisitions.
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