FCPAméricas Blog
FCPA Contract Provisions for Latin American Third Parties: Avoiding pitfalls of audit rights clauses
10.09.2013
FCPA enforcement actions in the recent past, as well as the FCPA Guidance, highlight the importance of including audit rights, and exercising those rights, in written contracts with third-party contractors. This post provides suggestions for avoiding pitfalls when establishing such rights in Latin America. A second post in this series highlights examples of information that companies may want their third parties to actively report as soon as they become aware of it in order to help identify corrupt behavior. The third post discusses other provisions that counsel should consider for third party contracts in Latin America to control FCPA exposure in the region.
In Latin America, enforceability of audit clauses is often extr... Read more
M&A Transactions in Latin America: Practical tips for multinationals conducting anti-corruption due diligence (Part 3 — Sources to Review)
10.04.2013
Multinationals should take into account certain local particularities when conducting M&A due diligence for anti-corruption compliance. Part I of this series describes how to manage resistance to due diligence from local companies. Part II discusses some key issues to look at during the diligence. This post discusses the following important sources of information in the due diligence process:
Local public databases: In addition to issu... Read more
M&A Transactions in Latin America: Practical tips for multinationals conducting anti-corruption due diligence (Part 2 – Key Issues to Probe)
10.03.2013
Multinationals should take into account certain local particularities when conducting M&A due diligence for anti-corruption compliance. Part I of this series describes how to manage resistance to due diligence from local companies. Part II (below) discusses some key issues to look at during the diligence. Part III discusses important sources of information in the due diligence process.
Although the specifics will vary from case to case, companies conducting M&A due diligence in Latin America should take a risk-based approach and pa... Read more
