News & Analysis as of

Compliance Due Diligence Mergers

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Baker Botts L.L.P.

EU Foreign Subsidies Regulation & M&A: Latest Developments and Implications for Deal Strategy

Baker Botts L.L.P. on

The European Union’s Foreign Subsidies Regulation (“FSR”) has now been in force for over a year, introducing a new layer of regulatory oversight for companies engaging in M&A transactions within the EU. Designed to address...more

Segal McCambridge

Key Business Litigation & Transaction Trends Every Executive Must Know in 2025

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As we continue to navigate 2025, business leaders face an increasingly complex legal landscape shaped by technological advancements, evolving regulations, and dynamic market conditions. Understanding these emerging trends is...more

Conyers

The Duties of Independent Directors in Amalgamations and Mergers

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This article is the second of a three-part series analysing the decision of Justice Martin in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ – the first “fair value” appraisal claim under section 106...more

Paul Hastings LLP

DOJ’s M&A Safe Harbor Highlights Importance of Post-Close Due Diligence and Integration

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On June 16, the U.S. Department of Justice’s (DOJ’s or Department’s) National Security Division (NSD or Division) announced they had declined to prosecute the private equity firm White Deer Management LLC for violations of...more

Mandelbaum Barrett PC

Why You Need a Corporate Attorney on Your Business Team

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Success is often a matter of preparation and strategy. Just as entrepreneurs strive to innovate and capture market share, defending your business from potential legal pitfalls is equally crucial. Here’s where the corporate...more

Adams & Reese

An I-9 Compliance Checklist for Businesses Engaged in Mergers & Acquisitions

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In the fast-paced world of mergers, acquisitions, asset sales, and private equity transactions, the excitement of growth can overshadow critical compliance details. However, unaddressed I-9 compliance issues in any M&A deal...more

EDRM - Electronic Discovery Reference Model

Strategic Signals: May 2025 HSR Filings Reveal Steady M&A Amid Market Shifts

ComplexDiscovery Editor’s Note: Strategic transactions in the U.S. are holding steady, even as economic pressures mount. The latest Hart-Scott-Rodino (HSR) filing data through May 2025 reveals not a retreat, but a...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 4: M&A Transactions with Government Contractors

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Transactions that involve government contracts carry a unique set of challenges. Unlike a typical merger or acquisition, deals involving government contracts require the navigation of a complex web of federal laws,...more

Foley & Lardner LLP

Another FCA Cybersecurity Settlement Reinforces the Enforcement Trend

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A recent United States Department of Justice (DOJ) announcement highlights the fact that the government’s emphasis on cybersecurity enforcement under the False Claims Act (FCA) is not slowing down. According to the press...more

Foley & Lardner LLP

Common Mistakes and Practical Advice When Acquiring a Company with a 401(k) Plan

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When acquiring a company that offers its employees retirement benefits via a 401(k) plan, a lot can go wrong and recent law changes and litigation trends have created more complications. Buyers who fail to understand and...more

DLA Piper

From the US to Brazil: Tackling Corruption Risks in M&A

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Corporate transactions, especially mergers and acquisitions (M&A), have become pivotal strategies for growth in an increasingly globalized economy. However, with this expansion comes the responsibility of navigating complex...more

Levenfeld Pearlstein, LLC

M&A Trends in 2025: What Professional Service Firms Need to Know Before Selling

Professional services firms remain highly sought after by private equity (PE) investors. As of February 2025, the M&A landscape is showing promising signs of resurgence, with expectations of increased deal activity throughout...more

Ankura

The Critical Importance of Tax Due Diligence in Modern Business Transactions

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In today's complex and ever-evolving business landscape, tax due diligence has emerged as a critical component of financial analysis and risk management in mergers, acquisitions, and other significant business transactions....more

StoneTurn

Advance in Africa: Risk Mitigation Strategies

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Growing competition in Africa provides ample opportunities for businesses, investors, and entrepreneurs, but requires a strategic approach to navigate new challenges and opportunities. For success to be realized, new market...more

Jackson Walker

New Statute of Limitation Will Help Limit ACA Liabilities in M&A Deals, But Buyers Should Remain Diligent

Jackson Walker on

To the satisfaction of companies routinely engaged in mergers and acquisitions, U.S. Congress recently amended the tax code through the Employer Reporting Improvement Act to add a six-year statute of limitations on the...more

Procopio, Cory, Hargreaves & Savitch LLP

3 Steps to Protect Highly Sensitive Assets in an M&A Deal

Due diligence is a necessary part of any M&A transaction. This process can be an exhaustive deep dive into the target company’s history. In some cases, the buyer wants to assure itself of certain highly confidential and...more

Stevens & Lee

Planning for 2025: Track Your Post-Closing Obligations for Health Care Transactions

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While the new year presents an opportunity for businesses to look forward and set goals for performance in 2025, former owners of medical practices or other health care-related businesses who sold their enterprises in 2024...more

Allen Barron, Inc.

Lack of Due Diligence During a Business Acquisition

Allen Barron, Inc. on

What risks are associated with a lack of due diligence during a business acquisition, asset purchase, stock purchase, or merger? How can due diligence make or break the success of any mergers and acquisitions transaction? ...more

Torres Trade Law, PLLC

The Mergers & Acquisitions Review: US Trade Compliance Due Diligence 2024

Torres Trade Law, PLLC on

In addition to a myriad of issues to consider during M&A transactions, parties should conduct due diligence related to US trade regulations and the often-related foreign investment regulations that arise in the context of an...more

Bracewell LLP

Keeping an Eye on AI: DOJ Updates its Playbook for Corporate Compliance

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On September 23, 2024, Principal Deputy Assistant Attorney General Nicole Argentieri announced that the US Department of Justice (DOJ) had issued updated guidance to federal prosecutors in its “Evaluation of Corporate...more

Lighthouse

Navigating Antitrust Enforcement: The Supreme Court Decision on Chevron Doctrine

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Summary: Understanding the context of the Chevron doctrine decision is important to prepare for the unpredictability of antitrust enforcement. Our recommendations for in-house counsel help to jumpstart your game plan....more

Proskauer Rose LLP

Question of the Week: What does the future of dealmaking look like for AI-related companies?

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"We’re currently seeing a lot of follow-on investments into AI. For example, sponsors are making incremental investments into portfolio companies or using portco balance sheet cash and/or stock to finance acquisitions of...more

Venable LLP

Event in Review: Private Equity Investment in Healthcare

Venable LLP on

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … International Mergers & Acquisitions (Part 1 of 4): Conducting International...

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The risks for international investments have sharply expanded in recent years. Identifying, managing, and mitigating investment risk, in the current regulatory environment, can be just as essential as managing risk in any...more

Society of Corporate Compliance and Ethics...

All together now: Post-acquisition compliance program integration

The due diligence process is a critical element in a merger and acquisition transaction. Most companies clearly define the steps and rarely skip them. However, the participants in the process vary widely, and ethics and...more

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