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FCPA Due Diligence and Data Privacy Laws
As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. No longer is it just the big multi-nationals who need to consider FCPA compliance risks; private equity firms, individual investors, and small businesses looking to get a piece of the international pie need to understand the risks of potential criminal exposure before they invest overseas. That means understanding the requisites of due diligence.
This year the Department of Justice (DOJ) issued two important advisory opinions describing what due diligence a potential investor and an acquiring party had performed in order to obtain a “no enforcement” opinion from the DOJ. In this article we examine the inherent conflict between what the DOJ expects and the prohibitions placed on such due diligence by the privacy laws of other countries. We also suggest ways to deal with this seemingly insurmountable conflict.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.