New Scrutiny of Transatlantic M&A Deals: How Recent Regulations Effect pre-M&A Procedures & Requirements
The COVID-19 pandemic has severely impacted the global economy and the financial markets, exacerbating systemic risk management issues companies are facing. Companies are presented with a new regulatory environment and grapple with the fact that the pandemic has amplified the scrutiny of social and governance-related risks, which may have enormous consequences when it comes to the acquisition of foreign-based companies and oversight of foreign subsidiaries.
In addition to that 2022 marks the 10th anniversary of the unanimous endorsement of the UN Guiding Principles on Business and Human Rights by the United Nations Human Rights Council which made significant progress connecting business with the enforcement of human rights.
In this context, case law has been developed in the field of human rights corporate accountability; and a broad stakeholder community, including consumers and investors, have driven expectations by putting pressure on companies to comply with regulations and to publicly report on their commitment and achievements.
These developments lead to a new level of due diligence before merging with or acquiring a company. Our panel will discuss the new compliance landscape and its effect on M&A deals with a special focus on new transatlantic developments.
Our experts will discuss:
• Updates in U.S. Anti-Corruption Law (FCPA) and its EU equivalent
• Possible sanctions for FCPA violations
• What you need to know about OFAC – who must comply and possible penalties, incl. typical transactions, exceptions and common pitfalls
• Overview of the U.S. Forced Labor Statute & its EU equivalent; including enforcement actions and collaboration between transatlantic task forces
You will also learn:
• How to build effective compliance frameworks and commitments to keep track of suppliers/intermediaries and agents
• Responsibility of the board of directors to develop systems for actionable global governance, identify and manage risks
• Successor liability and corruption risks associated with M&A transactions
• Recent rulings, enforcement actions and Practice Tip Takeaways
• Bernard Cazeneuve, Partner, AUGUST DEBOUZY (Former Prime Minister of France)
• Jordi de Llano, Partner, TROUTMAN PEPPER
• James Rosener, Managing Partner, TROUTMAN PEPPER, President of EACCNY [Moderator]
Other speaker(s) will be announced later.
EACCNY Members: Free
EACCNY non-Members: Free
Proof of Covid-19 Vaccination is required to attend.