White & Case
Our lawyers share their expertise through by-lined articles in leading legal, business and scholarly journals and through White & Case newsletters, updates and white papers.

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PDF Caveat Emptor: Five Steps to Avoid FCPA Successor Liability in M&A
November 2014
Daniel Levin, Darryl S. Lew, Courtney E. Hague

Anti-corruption due diligence has become increasingly common in the M&A context. But when such pre-acquisition diligence identifies possible improper payments to foreign government officials or other red flags, what is the best way for acquirers to minimize potential liability should they decide to move forward with the acquisition? A recent Opinion Procedure Release issued by the US Department of Justice ("DOJ" or the "Department") reiterates five key steps the Department recommends that acquirers should take to mitigate or avoid post-acquisition successor liability.
Mexico Energy Reform
November 2014

Mexico is undergoing deep and rapid change, emerging as one of the world's most promising investment destinations. An ambitious program of structural and economic reforms is changing the investment landscape and investor interest is piquing on a global scale. Significant changes in areas such as finance, energy, infrastructure, education and labor laws are on track to help Mexico realize its potential.
PDF Summary of FERC Meeting Agenda for November 20, 2014
November 2014
Daniel A. Hagan, Earle H. O'Donnell

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's November 20, 2014, meeting, pursuant to the agenda as issued on November 13, 2014. Agenda Item E-5 has not been summarized as it was omitted from the agenda.
PDF Navigating India: Lessons for foreign investors
November 2014
Nandan S. Nelivigi, Jonathan Olier, George Cyriac, Aloke Ray, Dipen Sabharwal

Promised reforms have fueled optimism for doing business in India, but the business climate won’t change overnight. Fortunately, companies don’t have to wait for reforms to take hold before investing in the country. Success is well within reach for those that learn from the experience of the many multinationals that have invested in India over the last two decades.
PDF The long arm of the law: exporting US justice
November 2014
Nicole E. Erb, Darryl S. Lew

As individual prosecutions and corporate fines continue to increase, many companies and executives outside the United States are left wondering: On what basis can US laws reach so far outside US borders? The combined effect of statutory text and fundamental US legal principles can allow its enforcement authorities to apply its laws well beyond US borders.