Foreign Corrupt Practices Act Compliance in Joint Ventures and Consortia: Minimizing FCPA Risk

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, January 7, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide counsel for companies in international joint ventures (JVs) or consortia with guidance on effective compliance programs to minimize Foreign Corrupt Practices Act (FCPA) risks. The panel will examine the unique FCPA issues, offer best practices to mitigate risks, and review strategies for handling investigations.

Description

Joint Ventures and consortia present heightened risk under the Foreign Corrupt Practices Act (FCPA). In certain circumstances, companies can be vicariously liable for bribes paid by their venture partners and the venture itself. Moreover, under the FCPA’s accounting provisions, public companies may be strictly liable for the internal controls of joint ventures.

In international JVs, unreliable partners must be identified early--and either avoided or carefully managed. Counsel to companies involved in international JVs must develop and implement tailored compliance programs and internal controls that reduce the risk of FCPA violations.

Given the potential for high fines and penalties, effective FCPA compliance must be a high priority when dealing with the unique complexities of consortia and JVs.

Listen as our panel provides counsel for companies in international JVs or consortia with guidance on effective compliance strategies to minimize FCPA risks. The panel will examine the unique FCPA issues, offer best practices to mitigate risks, and review strategies for handling investigations.

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Outline

  1. FCPA risks and steps to minimize risk for JVs and consortia
    1. Unique risks
    2. Due diligence
    3. Board/management reviews
    4. Audits and approvals
    5. Right to terminate
  2. JV partners
    1. What to expect from JV partners
    2. Handling disputes with JV partners
    3. Compliance obligations in JV documents
  3. Best practices
    1. Investigation of the JV
    2. Disputes among JV partners

Benefits

The panel will review these and other key questions:

  • What FCPA due diligence is appropriate when selecting JV partners?
  • What compliance obligations should be included in JV documents to minimize FCPA risk?
  • How should companies address risk when holding a minority stake in a venture?
  • What risks are posed by local content rules requiring partnerships with local companies?
  • What are the key steps companies and counsel should take when a JV is subject to a government investigation?
  • What does FCPA guidance issued by the DOJ and SEC reveal about JV risk?

Faculty

Fishman, Edward
Edward J. Fishman

Partner
Hogan Lovells US

Mr. Fishman provides regulatory, compliance, and transactional advice to clients in the life sciences,...  |  Read More

Tillen, James
James G. Tillen

Member
Miller & Chevalier

Mr. Tillen is Vice Chair of the firm’s International Department. His practice focuses on matters involving the...  |  Read More

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