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.
Companies Cling to Cash
From the Wall Street Journal – Rather than pouring their money into building plants or hiring workers, nonfinancial companies in the U.S. were sitting on $1.93 trillion in cash and other liquid assets at the end of September. Cash accounted for 7.4% of the companies’ total assets—the largest share since 1959.
PEGs bring new life (and capital) to Commercial Lenders
Two commercial finance companies focused on lending to small and middle-market companies received new capital investment from private equity firms in May.
New Data: The Economic Recovery is Underway
The U.S. economic recovery is underway with a 3.2% increase to GDP in the first quarter, according to new data today from the Commerce Department
Selling a Business: Anatomy of a P&S Agreement
Few legal documents you’ll sign in your lifetime are more complex or more daunting than the Purchase and Sale agreement that accompanies the sale of your business. While most sellers naturally focus their chief attention on purchase price and any hold-back amount, there
are often other terms within a purchase and sale agreement that can have greater impact on the final, long-term outcome for the selling shareholder(s).
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