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  • videocam On-Demand
  • card_travel Commercial Law
  • schedule 90 minutes

Drafting Foreign Corrupt Practices Act Compliance Provisions in Cross-Border Distribution Agreements

Contracting and Due Diligence Strategies to Mitigate FCPA/Anti-Corruption Exposure in International Distribution Relationships

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Mitigating the risk of FCPA noncompliance is a primary concern for U.S. businesses entering distribution agreements with companies abroad. Informed FCPA due diligence, carefully crafted FCPA compliance provisions in cross-border distribution agreements, and ongoing audits of distributor conduct can aid businesses in averting steep fines and potential criminal liability.

During FCPA due diligence, counsel should carefully assess the foreign distributor's past and present compliance with the FCPA and local anti-bribery laws, the adequacy of its internal controls, and its payment history, among other key factors.

The panel will discuss issues such as including language requiring the foreign distributor to comply with the FCPA's requirements and the U.S. company's FCPA compliance program, initiation of periodic FCPA compliance audits, and formal certification that the distributor complies with the FCPA. We will also discuss drafting indemnification provisions, including for costs of FCPA investigations.

Listen as our authoritative panel discusses proactive steps that counsel should take when entering, drafting and monitoring cross-border distribution agreements to mitigate the risk of FCPA noncompliance.

Presented By

David Berman
Counsel
Wilmer Cutler Pickering Hale & Dorr, LLP
Michael E. Burke
Partner
Arnall Golden Gregory LLP

Mr. Burke possesses vast experience with cross-border transactions in more than 50 international jurisdictions. He advises on business formation issues; structuring and execution of M&As; raising venture capital; building and operation of joint ventures and strategic alliances; creating distribution and reseller networks; licensing IP; and establishing quality and pharmacovigilance agreements. Mr. Burke also counsels clients on compliance with the FCPA, U.S. export controls and economic sanctions programs, and U.S. antiboycott regulations. He Co-Chairs the ABA-United Nations Development Programme International Legal Resource Center and is past Chair of the ABA Section of International Law.

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Adam Munitz
Partner
Fluet Huber + Hoang, PLLC

Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign investment, export compliance, international business transactions, FOCI, reviews by the Committee on Foreign Investment in the United States (CFIUS), and government contracting. He handles federal contracts, defense contracts, suspension and debarment, corporate transactions/contracts/agreements, international transactions, and mergers and acquisitions.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, January 23, 2019

  • schedule

    1:00 PM E.T.

  1. Conducting FCPA due diligence of foreign distributors
  2. Drafting FCPA compliance language in cross-border distribution agreements
  3. Monitoring distribution arrangements for FCPA compliance

The panel will review these and other key issues:

  • Due diligence best practices and red flags when selecting a foreign distributor
  • FCPA compliance language for cross-border distribution agreements
  • Best practices for monitoring distribution relationships for ongoing FCPA compliance