Celesq® Attorneys Ed Center

Don’t Buy a Pig in a Poke: Minimizing FCPA Risks in International M&A

Program Number: 30238

Program Date: 10/19/2020

Description

Experienced FCPA practitioners David Simon and Rohan Virginkar of the law firm Foley & Lardner LLP discuss recent examples of acquisitions gone bad as a result of bribery and corruption at target companies and outline practical strategies to minimize FCPA risk, including effective approaches to compliance due diligence, deal structure and contract language, and compliance integration. The conversation will also address recent DOJ and SEC guidance and expectations for acquiring companies, considerations if issues are identified at a target, and outline strategies for managing the enforcement authorities.

$95.00Audio CD Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers

Presenters


Dr. Sharon Meit Abrahams

Legal Talent Advisors, LLC

Dr. Sharon Meit Abrahams is a legal talent development expert with over 25 years of experience in success coaching for attorneys and developing high impact programs for law firms. Dr. Abrahams has published three books with the American Bar Association and regularly publishes articles for Thomson Reuters and American Legal Media on professional and business development. Known for engaging and educational programs, Dr. Abrahams is a sought-after keynote speaker, program facilitator and law firm advisor. She gives back to the community by conducting complimentary programs and workshops for 501(c)(3) organizations across the country.

 

David W. Simon, Esq.

Foley & Lardner LLP

David W. Simon, Esq. is a partner in Foley & Lardner LLP's White Collar Defense & Corporate Compliance; Securities Litigation, Enforcement & Regulation; and Antitrust Practices. Mr. Simon, a litigator with substantial experience conducting internal investigations and representing corporate clients in state and federal courts, devotes much of his practice to helping corporate clients manage crises that potentially give rise to government enforcement actions. He has represented companies in a variety of industries faced with various substantive issues, including potential violations of the antitrust laws, the Foreign Corrupt Practices Act, and the False Claims Act and related criminal laws.

 

Rohan A. Virginkar, Esq.

Foley & Lardner LLP

Rohan Virginkar is a former federal prosecutor and a member of the Government Enforcement Defense & Investigations Practice and Co-Chair of the firm's multidisciplinary Cannabis Industry team. His practice focuses on advising corporations and executives on government and regulatory actions, conducting internal investigations, leading corporate compliance matters and representing individuals and corporations in white-collar matters and investigations by the U.S. Department of Justice, U.S. Attorney’s Offices, the U.S. Securities and Exchange Commission and other domestic and foreign law enforcement and regulatory authorities.

Rohan returned to the firm in 2017 after more than six years as a federal prosecutor. He most recently served as a trial attorney at the U.S. Department of Justice’s (DOJ) Criminal Division, Fraud Section, where he was part of the Foreign Corrupt Practices Act (FCPA) Unit, a small group of prosecutors responsible for global enforcement of the FCPA. In that role, his responsibilities included grand jury investigations, negotiation of resolutions and the selection, appointment and oversight of independent monitors. Rohan worked extensively with domestic and international law enforcement as well as civil regulatory authorities, including the U.S. Securities and Exchange Commission. He led numerous investigations into alleged violations of the FCPA by major corporations and individuals across multiple industries and spanning six continents. He led the Justice Department’s prosecution of a major global pharmaceutical company, which resulted in more than $280 million in criminal penalties and fines — part of a nearly $520 million global resolution — the largest ever against a healthcare company for violations of the FCPA.

Rohan also was a member of the DOJ’s Deepwater Horizon Task Force, where he investigated crimes related to the deadly 2010 disaster and resulting oil spill including environmental crimes, securities fraud, obstruction of justice and other federal criminal offenses. He was part of the team responsible for securing multiple guilty pleas, resulting in the imposition of more than $5 billion in criminal penalties.

 

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