Foreign Corrupt Practices Act in Mexico

Implementing FCPA Compliance Programs and Mitigating Risk

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


Conducted on Thursday, June 20, 2013

Recorded event now available

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Program Materials

This CLE webinar will advise counsel to companies doing business in Mexico on best practices to develop and implement an effective FCPA compliance program. The panel will discuss recent FCPA enforcement actions focused on Mexico operations and the unique FCPA challenges facing American companies conducting business in Mexico.

Description

Mexico is the third largest trading partner of the United States. Corruption seems to permeate all levels of government, and bribery is often part of conducting business in Mexico. As a result, doing business in and with Mexico raises significant concerns for U.S. companies.

The investigation into the alleged systematic pattern of bribery and cover-up by Wal-Mart executives in Mexico continues. These allegations prompted shareholder suits, costly internal investigations and response to the government inquiry, and bad publicity.

Such recent enforcement activity involving business operations in Mexico demonstrate the challenges for companies in developing and implementing an effective FCPA compliance program. Companies that conduct business in Mexico must take steps to minimize the risk and liability exposure of FCPA violations.

Listen as our authoritative panel of FCPA attorneys reviews the risk factors of FCPA violations in Mexico, lessons learned from recent enforcement actions, and best practices for mitigating the risk of FCPA violations.

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Outline

  1. What is happening in enforcement/lessons learned from recent enforcement
  2. Risk factors of doing business in Mexico
    1. Business culture/practices
    2. Broad definition of foreign official
    3. Cooperation between U.S. companies and Mexico when conducting due diligence
    4. Exposure to third party you may not control
    5. Regional anti-bribery laws
    6. Reach of the FCPA
  3. Best practices for mitigating risk (how to compete effectively while complying with the FCPA)
    1. Monitoring
    2. Compliance program—anti-bribery and accounting provisions
    3. Internal controls
    4. Education/training adapted to local conditions
    5. Due diligence—all third parties
    6. Steps if misconduct is suspected

Benefits

The panel will review these and other key questions:

  • What risk factors make companies conducting business in Mexico more vulnerable to possible FCPA violations?
  • What types of conduct have triggered SEC and DOJ investigations into potential FCPA violations?
  • What lessons can be learned from the Wal-Mart crisis and recent SEC and DOJ enforcement efforts aimed at companies doing business in Mexico?
  • What are the best practices to develop and implement effective anti-corruption compliance programs and due diligence efforts?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

James G. Tillen
James G. Tillen

Member
Miller & Chevalier

Mr. Tillen has significant experience with every facet of an FCPA enforcement matter, including developing work...  |  Read More

Matthew J. Feeley
Matthew J. Feeley

Shareholder
Buchanan Ingersoll & Rooney

Mr. Feeley focuses his practice on international commercial litigation with particular emphasis in FCPA and complex...  |  Read More

Matteson Ellis
Matteson Ellis

Special Counsel
Miller & Chevalier

Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a...  |  Read More

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