Recent Posts

Chancery Provides "Teachable Moment" for M & A Lawyers: Find Problems of Bidder in Due Diligence or Put Specific Reps in APA; Otherwise No Fraud Claim
Posted on 27 Jul 2010 by Francis G.X. Pileggi

Airborne Health, Inc. v. Squid Soap, L.P., C.A. No. 4410-VCL (Del. Ch. July 20, 2010), read opinion here . Prior Delaware Court of Chancery decisions in this case were highlighted here. Overview This case involves a claim against the purchaser... Read More

SEC Charges E*Trade Subs: When Is the Due Diligence Sufficient?
Posted on 14 Oct 2014 by Thomas O. Gorman

Having the correct compliance procedures in place can often be critical. The SEC and the DOJ have repeatedly emphasized this in FCPA cases. Conducting due diligence can be equally critical. For gatekeepers such as lawyers, accountants and brokers, conducting... Read More

How to Begin Your FCPA Due Diligence
Posted on 1 Dec 2010 by Thomas Fox

The task of where to begin a full compliance and ethics program can often times appear quite daunting. Most US companies fully understand the need to comply with the Foreign Corrupt Practices Act (FCPA). However most companies are not created out of... Read More

SEC Censure for Failing to Conduct Due Diligence
Posted on 14 May 2010 by Doug Cornelius

The SEC censured and fined an investment adviser for due diligence lapses. Yosemite Capital Management, LLC and its managing director, Paul H. Heckler, got a wrist slap for failing to disclose to clients that they had encountered substantial problems... Read More

After the Contract is Signed: How Frequently Should You Perform (FCPA) Due Diligence
Posted on 28 Feb 2011 by Thomas Fox

Yesterday we participated in a workshop at the 2011 SCCE Utilities & Energy Compliance and Ethics Conference with Scott Lane, President of the Red Flag Group . In his presentation, he discussed a White Paper that he and his colleague James Walton... Read More