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  • videocam On-Demand
  • card_travel International
  • schedule 90 minutes

Foreign Corrupt Practices Act Compliance in Joint Ventures and Consortia: Minimizing FCPA Risk

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Description

Joint ventures and consortia present heightened risk under the Foreign Corrupt Practices Act (FCPA). Companies can be vicariously liable for bribes paid by their venture partners and the venture itself in certain circumstances. Moreover, under the FCPA's accounting provisions, public companies may be strictly liable for the internal controls of JVs.

In international JVs, unreliable partners must be identified early--and either avoided or carefully managed. Counsel to companies involved in international JVs must develop and implement tailored compliance programs and internal controls that reduce the risk of FCPA violations.

Given the potential for high fines and penalties, effective FCPA compliance must be a high priority when dealing with the unique complexities of consortia and JVs.

Listen as our panel provides counsel for companies in international JVs or consortia with guidance on effective compliance strategies to minimize FCPA risks. The panel will examine the unique FCPA issues, offer best practices to mitigate risks, and review strategies for handling investigations.

Presented By

Edward J. Fishman
Partner
Hogan Lovells US LLP

Mr. Fishman provides regulatory, compliance, and transactional advice to clients in the life sciences, manufacturing, consumer products, and other industries on transportation, logistics, product distribution, and supply chain matters. He regularly provides advice on the legal and regulatory risk matters associated with public infrastructure and government contracting projects that are pursued through outsourcing arrangements, joint ventures, and public-private partnership transactions. He advises multinational clients across a range of industries on the Foreign Corrupt Practices Act (FCPA), trade sanctions, the False Claims Act, and other U.S. laws and regulations that apply to business activities within and outside the country.

James G. Tillen
Vice Chair, International; Practice Co-Lead, FCPA & International Anti-Corruption
Miller & Chevalier

Mr. Tillen's practice focuses on cross-border investigations and compliance matters involving corruption, fraud, money laundering, business and human rights, workplace conduct, Foreign Terrorist Organizations, transnational criminal organizations, cartels, and other areas of international corporate compliance. He works with U.S. and non-U.S. clients to address compliance challenges that arise in a variety of contexts, including compliance program design and implementation, transactional counseling, advisory opinions, internal investigations, enforcement actions by the U.S. Department of Justice, Securities and Exchange Commission, and other enforcement authorities, and FCPA monitorships. Mr. Tillen also has conducted merger and acquisition and third-party due diligence reviews, assessed client and third-party compliance programs, developed training programs, and performed training for client operations throughout the world.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, December 2, 2021

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. FCPA risks and steps to minimize risk for JVs and consortia
    1. Unique risks
    2. Due diligence
    3. Board/management reviews
    4. Audits and approvals
    5. Right to terminate
  2. JV partners
    1. What to expect from JV partners
    2. Handling disputes with JV partners
    3. Compliance obligations in JV documents
  3. Best practices
    1. Investigation of the JV
    2. Disputes among JV partners

The panel will review these and other key questions:

  • What FCPA due diligence is appropriate when selecting JV partners?
  • What compliance obligations should be included in JV documents to minimize FCPA risk?
  • How should companies address risk when holding a minority stake in a venture?
  • What risks are posed by local content rules requiring partnerships with local companies?
  • What are the key steps companies and counsel should take when a JV is subject to a government investigation?
  • What does FCPA guidance issued by the DOJ and SEC reveal about JV risk?