Based on a survey of more than 300 corporate leaders and legal advisers who handle transactions, along with insight from Baker McKenzie compliance, antitrust and corporate partners, the latest Baker McKenzie report assesses the challenges and risks that regional and multinational organizations face in relation to compliance due diligence (CDD) across both M&A and JVs.

Pre-transactional CDD encompasses a range of issues, including antitrust, employment, money laundering, data privacy, cybersecurity, bribery and corruption, sanctions, environmental and supply chain compliance. Along with commercial, financial and tax and traditional legal due diligence, CDD should be — and increasingly is — one of the key pillars of any deal.

However, as the findings of this study show, good intentions and best practice can be quite a distance apart, and many multinational businesses are still accepting unnecessarily high levels of risk through inadequate or sometimes even non-existent pre-acquisition CDD and post-acquisition compliance integration.

In this report, we explore both these current “blind spots” and examine global CDD trends and emerging risks.

You can access the digital report and summary infographic here.

As always, our team is on hand to help you with any compliance queries and would be happy to provide you with more detail, or discuss any questions. Feel free to contact one of the lawyers below, or your usual Baker McKenzie contact.

Author

Joanna Ludlam is the co-chair of Baker McKenzie's Global Compliance & Investigations practice, based in the Firm's London office. She advises clients in the areas of administrative and public law, procurement law, litigation and investigations, including into issues of bribery, corruption and fraud. Joanna advises clients, frequently at board-level, on regulatory compliance and crisis and reputation management.

Author

Borys Dackiw is the Head of Compliance practice in the Gulf based in the Firm's Abu Dhabi office. A partner of Baker McKenzie since 1995, Borys regularly advises clients across various industries on their compliance and anti-bribery policies and programs and has participated in whistleblower interviews relating to allegations of bribery and other bribery-related investigations. He also advises on mergers & acquisitions (including privatizations), private equity and general corporate and commercial law.

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