FCPA Compliance: Auditing and Monitoring Third Parties
Minimizing Liability Risks When Using Sales Agents, Distributors and Other Intermediaries
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare counsel to companies doing business internationally to establish and carry out auditing and monitoring of foreign agents and intermediaries to minimize the risks of Foreign Corrupt Practices Act (FCPA) violations due to third-party misconduct.
Outline
- FCPA risks created by third-party business partners
- Legal framework for third-party liability
- Recent enforcement cases involving third-party activity
- Unique risks created by different third parties
- Planning third-party audit and compliance reviews
- Scope of work
- Timing considerations
- Data collection and analytics
- Resource allocation
- Communication protocols
- Deliverables
- Conducting third-party audit and compliance reviews
- Interviews and data review
- Managing the process
- Common challenges
- “Red flag” findings
- Post-review action items
- Remediation options
Benefits
The panel will review these and other key issues:
- What are the unique FCPA risks created by different types of third parties?
- What are the essential steps for effective auditing and monitoring of third parties’ FCPA compliance?
- What cost-effective strategies can businesses utilize to minimize and mitigate FCPA risks posed by third parties?
Faculty
Brent C. Carlson
Director
AlixPartners
Mr. Carlson helps companies in the areas of mergers & acquisitions, internal investigations, and interim... | Read More
Mr. Carlson helps companies in the areas of mergers & acquisitions, internal investigations, and interim management roles. He regularly conducts FCPA due diligence and risk assessment engagements for companies with operations and acquisition targets around the world, and has served as interim compliance monitor during post-acquisition integration.
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Edward J. Fishman
Partner
Nossaman
Mr. Fishman has substantial expertise with the Foreign Corrupt Practices Act (FCPA), export control and other U.S. laws... | Read More
Mr. Fishman has substantial expertise with the Foreign Corrupt Practices Act (FCPA), export control and other U.S. laws that apply to business activities outside the country. Mr. Fishman has conducted global internal investigations relating to the FCPA, internal fraud, auditor independence and financial accounting irregularities for a variety of public and private companies. He also provides structuring and risk management advice on transportation projects and has handled several public-private partnership (P3) and joint venture transactions.
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George D. Martin
Partner
Faegre Baker Daniels
Mr. Martin's practice focuses on international mergers and acquisitions, joint ventures and other strategic... | Read More
Mr. Martin's practice focuses on international mergers and acquisitions, joint ventures and other strategic transactions, together with international compliance matters. He has led transactions in over 30 countries around the world, with a special expertise in emerging markets, having lived and practiced law in China and Eastern Europe for five years.
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