FCPA Evolution Through an M&A Lens: How M&A Impacted FCPA Enforcement and Guidance

M&A has always played a significant role in FCPA enforcement, but their effect on each other is more complicated than it first appears. Tracking the history of FCPA enforcement through the lens of mergers, acquisitions and divestments offers insights into the growth of regulatory and stakeholder compliance guidance, as well as the professionalization of corporate compliance practice, both within law firms and in-house. This first part in a two-part guest article series from Audrey Harris and Juliet Gunev of Mayer Brown reflects on the history and evolution of FCPA enforcement as an M&A story, via key enforcement events, case studies and guidance. The second part will provide practical approaches for in-house counsel to increase their value-add to their business by providing confidence and leadership in M&A and growth strategies.