Every indexed document

the parent is only required to use its best efforts

or influence a potential or actual federal investigation.

which is commonly called the “SOX certification”

they do not apply only to bribery-related

even if the foreign company or individual

DOJ and SEC may impose a monitorship to ensure that the bribery has ceased

and their merger does not eliminate their liability. In addition

the bribery was extensive and known by high-level

and forms Company C Due diligence before the merger reveals that both Company A and

which is in the same line of business and interacts with the same Foreign

Company A) will depend on consideration of all the factors in the Principles of Federal Prosecution

Company B is a subsidiary of Company A). DOJ and SEC understand that no

provided that Company B still exists in a form that would

the more likely it is that DOJ and SEC would prosecute Company B. In certain limited

both of which are discussed in Chapter 5. In general

which it communicates to its new employees through required online and inperson

and what remedial actions are taken if the policies are violated.

whether Company B’s employees have been adequately trained regarding those policies

ensures all bribes are immediately stopped

it voluntarily discloses the misconduct to DOJ and