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Commentators broadly and accurately highlight intensified enforcement of the Foreign Corrupt Practices Act and acquiring companies’ FCPA hazards in mergers and acquisitions. One might infer that an acquirer should, when buying a business, deploy limitless resources to identify and resolve all anti-corruption compliance risk. Since resources are not unlimited, effective management of anti-corruption exposure in an M&A context requires informed, transaction-by-transaction judgment and protections that are tailored to and commensurate with risk profiles of target companies.

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