Nic Bourtin Quoted in Agenda Article on Effect of FCPA Risk on M&A and Litigation ActivityMay 9, 2016
On May 9, Mr. Bourtin was quoted in an Agenda article titled “Deal Flow Slowing Due to FCPA Risk,” which explored boards' apprehension to undertake potentially risky M&A activity in light of recent FCPA actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. In order to mitigate risk, Mr. Bourtin told Agenda, board members should first ask whether any past issues that were identified during due diligence were handled appropriately; the second question is then, “How do we know that this problem we identified is really in the past?” Mr. Bourtin said. The article goes on to discuss how boards of companies should be aware that a single regulatory risk can reveal more widespread issues at a company. “Plaintiffs are taking regulatory and criminal investigations and using them as the basis for civil lawsuits, derivative lawsuits and stock-drop lawsuits,” Mr. Bourtin said.