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Risk Mitigation Due Diligence Today's Popular Updates

WilmerHale

Use of Software by Divested Business After Spinout Brings $80,000,000 Lawsuit

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As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more

Foley & Lardner LLP

What Every Multinational Company Needs to Know About…The Uyghur Forced Labor Prevention Act (Part I)

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We have received multiple requests to provide guidance regarding the critically important area of the Uyghur Forced Labor Prevention Act (UFLPA). Because of the recency of the UFLPA, which went into effect on June 21, 2021,...more

Ankura

Navigating Privacy Compliance Challenges for Startup Success

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Startups face unique challenges that can impact their success and sustainability. Obstacles such as financial constraints (inadequate funding or limited cash flow) and resource constraints often result in small teams having...more

Epiq

Elevating Cyber Risk Analysis During M&A Due Diligence

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Before a deal closes on a merger or acquisition, due diligence investigation will ensue to confirm goal alignment and identify any obstacles present. There are several integral components of this process such as identifying...more

K2 Integrity

Transaction Monitoring and Risk Mitigation Strategies for Global Supply Chains

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Between export bans and the numerous entities and individuals now restricted from transacting in the global economy, organizations worldwide must evaluate the legal, reputational, and cybersecurity impacts on their supply...more

American Conference Institute (ACI)

[Event] U.S. Export & Reexport Compliance For Canadian Operations - January 26th - 27th, Toronto, ON, Canada

The Canadian Institute’s 11th Annual Forum on U.S. Export & Re-Export Compliance for Canadian Operations will take place in Toronto on January 25–27! IN-PERSON and LIVESTREAM options available. Over the last decade, this...more

Herbert Smith Freehills Kramer

The Diligence Process for Privacy and Data Security: Telltale Indicators of a Data Program’s Strengths and Weaknesses

The rapid expansion of data security and privacy laws and regulations — both in the United States and internationally — harbors the potential for substantial liability, with the consequence that cyber compliance has become an...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: Supply Chains, Human Trafficking and Modern Slavery

Matthew Friedman is the CEO of The Mekong Club, an organization supporting the private sector in the fight against modern slavery. Previously he worked for the United Nations Inter-Agency Project on Human Trafficking and US...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cybersecurity Considerations in Oil and Gas Transactions

One of the foremost threats companies face today is that posed by cybercriminals, and the unique vulnerabilities of companies in the oil and gas sector create heightened cybersecurity risks for those pursing transactions in...more

Bradley Arant Boult Cummings LLP

Understanding cyber insurance risks of target companies

Due to the dramatic increase and changing nature of cyber risks, mergers and acquisitions due diligence should expand to address cyber risks, available risk mitigation practices, and available insurance. Acquiring companies...more

The Volkov Law Group

Compliance and Private Equity: An Oxymoron?

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We all enjoy an oxymoron, e.g., army intelligence, compassionate conservative. Some words go together and some do not. When it comes to compliance and private equity companies, you can predict with usual success that private...more

Foley & Lardner LLP

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

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The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

King & Spalding

SEC Cracks Down on Charitable Contributions under the FCPA - Best Practices In Light of Recent SEC Enforcement

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For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution. On September 20, 2016, the SEC announced a settled FCPA...more

Morgan Lewis

Lessons Learned from Nu Skin

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The enforcement action against manufacturer Nu Skin Enterprises highlights the risks of making charitable donations in high-risk countries without conducting meaningful anticorruption due diligence....more

The Volkov Law Group

Buying an FCPA Violation Mergers and Acquisition Risks

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FCPA risks are significant when companies acquire other companies. The Justice Department and the SEC have imposed "successor" liability on companies for past bribery violations committed by an acquired company. Pre-closing...more

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