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Margaret Cassidy and John Cunningham, Partner, Baker McKenzie will be presenting a Strafford Publications Seminar:

Third-Party Risk: Tailoring Contract Clauses, Covenants, and Certifications to Enhance Compliance in a Global Market

Scheduled for: Wednesday, November 6, 2013 1:00pm-2:30pm EST

Summary of Seminar

As a result of the U.S. government’s heightened enforcement of the FCPA and related laws and regulations, businesses are increasingly under pressure to manage the actions of their business partners. To this end, businesses are integrating ethics and compliance clauses into contracts with clients, joint venture partners, vendors, sales agents and other third parties. These clauses generally require business partners to make ethical decisions and to comply with relevant laws and regulations focusing on the FCPA, the UK Bribery Act, and other global anti-corruption laws and regulations.

The course will provide practical guidance for developing effective business ethics and compliance controls when contracting with various types of third parties. It will also cover how businesses can leverage ethics and compliance clauses and certifications to mitigate liability risks under global anti-corruption laws such as the FCPA and the UK Bribery Act. Finally, the course will identify the pitfalls of agreeing to ethics and compliance clauses in third-party agreements that are overly broad, ambiguous, or otherwise disproportionate to the engagement.

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