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Compliance Due Diligence for Corporate Transactions

Past Event - Video Available | January.24.2017 | 11am - 12pm (Eastern Standard Time)

Webinar

With intensified enforcement of requirements such as anticorruption and economic sanctions rules, investors and financing parties need protection based on effective due diligence regarding investment targets' and borrowers' compliance experience and record. At the same time, there are practical limits on the amount of time and resources that one can devote to compliance due diligence. From an investment target's or borrower's perspective, compliance due diligence should not go beyond sensible steps that keep compliance risk in perspective.

Experienced practitioners provide practical guidance, for both sides of transactions, regarding compliance with:

the Foreign Corrupt Practices Act and other anticorruption laws
embargoes and other economic sanctions
export controls
industrial security and other government contacting requirements in the context of corporation transactions, such as acquisitions, joint ventures, securities offerings and other forms of financing

Orrick partners Billy Jacobson, former Co-General Counsel/Chief Compliance Officer of Weatherford International and DOJ Assistant Chief for FCPA Enforcement, and Harry Clark, head of Orrick's International Trade & Compliance group, lead the session.

CLE INFORMATION: This course is eligible for New York and California CLE credit. Please complete and retain the applicable form for your records. The New York self-study form must be emailed to Melissa Woods ([email protected]) and Jane Gracey ([email protected]). The California self-study form does not need to be emailed to Melissa Woods and Jane Gracey.

Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the State of New York. This transitional and non-transitional continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 1 credit hours, of which 1 credit hours can be applied toward the areas of professional practice requirement.

Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the State of California. This continuing legal education course has been approved in accordance with the requirements of the State Bar of California for a maximum of 1 credit hour, of which 1 credit hour can be applied to the general requirement.

View the presentation slides here.

CLE Credits Available: Y

Speakers

Harry Clark Partner, International Trade and Investment, Mergers & Acquisitions

Washington, D.C.

See my bio

D:+1 202 339 8499
E: [email protected]

Practice:

Technology & Innovation Sector
International Trade and Investment
Mergers & Acquisitions
Responsible Business
Strategic Advisory & Government Enforcement (SAGE)

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See full bio

Harry Clark Partner

Washington, D.C.

Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.

Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.

Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).

Chambers 2022 recognizes Harry as a leader in the field of export controls and economic sanctions (Chambers Global and Chambers USA), as well as CFIUS (Chambers USA). Previous editions have also recognized Harry’s achievements regarding his work related to the Foreign Corrupt Practices Act. Clients note that Harry provides “accurate, straightforward guidance incredibly efficiently” and “he has an ability to translate complex legal requirements and rules into business-friendly jargon.”