Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly and I take a deep dive into a recent speech by Deputy Assistant Attorney General Matthew Miner where he highlighted the new Justice Department focus on FCPA enforcement in the mergers and acquisition (M&A) context and his remarks on Opinion Releases.

Some of the highlights from this podcast are:

  1. Does this new focus on M&A really change anything?
  2. What was the prior DOJ focus on M&A in FCPA enforcement?
  3. Will this inclusion of M&A in the new FCPA Corporate Enforcement Policy incentivize companies to make more self-disclosures?
  4. What is the FCPA Opinion Release Procedure? Why isn’t it used more? How can it benefit companies going forward?

We unpack of all these points and consider strategies going forward.

For more reading: see Matt’s piece FCPA Enforcement and Inherited Liability