Difficult Due Diligence Decisions on Overseas Intermediaries

The Foreign Corrupt Practices Act can make companies liable for the malfeasance of their intermediaries working for the company abroad, and investigating potential intermediaries is essential. But how far should such an investigation go? At what point should it stop? What factors do you need to weigh in order to make a defensible decision? An article in Today’s General Counsel looks at the range of factors that need to be weighed, based on the inevitable premise that no company can devote unlimited resources to such an inquiry and at some point it needs to bite the bullet.