“Reading the Tea Leaves” — How to Predict Corruption Risks with Consortia and M&A: Aligning Compliance Objectives with Business Goals when Private Equity is Involved

January 30, 2019 10:45am

Holly Clarke
Rose Walker LLP (Dallas, TX)

S. Todd Crider
Simpson Thacher LLP (New York, NY)

Carlos Mena Labarthe
Creel, García-Cuéllar, Aiza y Enriquez (Mexico)

  • What to do when faced with an acquisition that is not your traditional business
  • How economic pressures are resulting in ever more multiple-player consortia and/or growth by acquisition
  • Assessing risks posed by the purchase or sale of an asset and/or a company affected by an anti-corruption compliance breach, under investigation or in a leniency agreement
  • Assessing DOJ’s offer of a declination with disgorgement to companies who self-report foreign bribery in the context of an M&A
  • When PE is involved and associated risks (e.g., pressure to “deliver numbers”)
  • How a “tainted” company can make itself attractive as a consortia partner or acquisition target even if it is under ongoing compliance monitorship
  • Deciding between M&A, JV and consortium depending on industry type and business needs
  • Statute of limitations on successor liability: When to put a consortia or M&A deal on hold