March 2011
FCPA Liability in M&A
From Forbes: The DOJ’s and SEC’s more stringent enforcement of the FCPA has important implications for mergers and acquisitions. According to Rebekah Poston, an expert anti-corruption practitioner at the international law firm Squire Sanders & Dempsey, American companies who neglect to conduct thorough due diligence when acquiring foreign companies risk inheriting or creating FCPA violations. Acquiring a foreign company requires the performance of a number of affirmative duties on the part of the acquirer.
Venture Financing was up in 2010
Overall, Cooley’s data pointed to a year marked by slow but steady improvement in the financing environment. In 2010, deal volumes reached a level not seen in the last five years. Median pre-money valuations increased across all deal stages and saw a significant increase in “up rounds” versus flat/down rounds. Up rounds represented 60% of all financings in 2010, a level not seen since 2008. Additionally, the percentage of recapitalization transactions fell in 2010, though the number of tranched deals remained flat from prior years.
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