FCPA Compliance: Third-Party Diligence Post-Unaoil

Minimizing Corruption Risks When Using Foreign Agents, Distributors and Other Intermediaries

Recording of a 90-minute CLE webcast with Q&A

Conducted on Tuesday, June 20, 2017
Recorded event now available

This CLE video webcast will prepare counsel to companies doing business internationally to perform proper due diligence with foreign agents and intermediaries to minimize the risks of Foreign Corrupt Practices Act (FCPA) violations due to third-party misconduct.


FCPA compliance risks may arise from conduct of foreign third parties and their agents. However, many U.S. companies with an international presence (that often engage third parties) take steps to minimize third-party risks or take steps that prove either inadequate or prohibitively expensive to implement.

The ongoing focus on FCPA enforcement by the U.S. DOJ and SEC makes due diligence efforts regarding third-party agents a high priority. Conducting thorough third-party due diligence can mean the difference between value added to the company and problems that lead to an investigation.

Further, the DOJ and SEC consider the level of due diligence when determining whether they go forward when FCPA violations are alleged. Businesses and their counsel must develop effective compliance programs to minimize third-party risks.

Listen as our authoritative panel examines the special risks created by various types of third-party intermediaries and agents, discusses best practices under the FCPA for due diligence with respect to such third-party agents, and outlines strategies for designing due diligence programs when conducting business around the world.


  1. FCPA risks created by third-party agents
    1. Legal framework for third-party liability
    2. Recent enforcement cases involving third-party activity
    3. Unique risks created by different third parties
    4. Common third-party agent red flags
  2. Core elements of third-party due diligence
    1. Background checks
    2. Due diligence investigation/interview
    3. Contract terms
    4. Oversight/audit of books and records
    5. Training
    6. Compliance certificates
  3. Best practices for third-party due diligence
    1. Investigation of agents in M&A context
    2. Risk-based agent review in global business
    3. Common cost effective strategies


The panel will review these and other key issues:

  • What unique FCPA risks are created by different types of third parties?
  • What cost effective strategies can companies employ to reduce FCPA risks posed by third parties?
  • What guidance is provided for businesses by the recently issued DOJ and SEC resource guide?


Palmina M. Fava, Partner
Paul Hastings, New York

Ms. Fava conducts internal investigations with respect to the FCPA, international anti-corruption and anti-bribery restrictions, fraud, kickbacks, accounting irregularities, and misappropriation of trade secrets. She regularly represents companies in such matters before the DOJ, other federal and state agencies, and international regulatory bodies. Ms. Fava also designs and implements corporate compliance programs; conducts proactive reviews of clients’ high-risk areas; structures commercial arrangements to protect against compliance risks; and handles due diligence of agents, JV partners, and targets in M&As, or other investment transactions.

Pedro A. Medrano, Senior Counsel, Ethics and Compliance
Time Warner, New York

Prior to joining Time Warner, Mr. Medrano served as Senior Counsel at The Bank of New York Mellon, where he was responsible for conducting internal investigations regarding significant legal, regulatory, and criminal matters and responding to non-routine regulatory inquiries. He handled BNY Mellon’s response to the SEC’s industry-wide FCPA probe of financial firms’ interactions with sovereign wealth funds. While in private practice, he counseled clients on challenging anti-corruption concerns; performed internal anti-corruption compliance risk assessments; and advised clients in developing effective global anti-corruption compliance programs and policies.

Richard A. Sibery, CPA, JD, Partner, Americas Leader, Fraud & Investigations
Ernst & Young, New York

Mr. Sibery’s practice is concentrated in the areas of fraud and forensic accounting, corporate internal investigations, money laundering investigations and other litigation advisory services. He has led investigations that include allegations of accounting fraud, money laundering and Foreign Corrupt Practices Act violations. He also has extensive experience leading complex international investigations and other regulatory matters. He is a member of the American Bar Association and the American Institute of Certified Public Accountants and an associate member of the Association of Certified Fraud Examiners.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

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CLE On-Demand Video $297.00

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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Recorded Webcast Download $297.00

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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Customer Reviews

There was a lot of information available on the slides, so it was easy to take notes and have a thorough take-away resource.

Harriet Bildsten

St. Jude Medical

The course provided a timely update of current trends including practical advice on setting up due diligence programs.

Troy Braegger

Dorsey & Whitney

I appreciated that I got exactly what I expected from Strafford’s webinar and I thought the presentation was fantastic. I would love to see more webinars like this.

Brian Cromer

Sempra LNG

I appreciate the mix of legal instruction to real-world advice and that all of my questions going in were answered by the prepared remarks.

Michael Hoff

MTS Systems

The program’s content was excellent.

Vi Murdock

PAR Technology

or call 1-800-926-7926

International Law Advisory Board

Edward J. Fishman



Judith A. Lee


Gibson Dunn & Crutcher

Greta Lichtenbaum


O’Melveny & Myers

Kimberly A. Parker



Kyle A. Wombolt


Herbert Smith

or call 1-800-926-7926

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