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Caveat Emptor: Five Steps to Avoid FCPA Successor Liability in M&A

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.

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