Manatt's Jacqueline Wolff, co-chair of the firm's Corporate Investigations & White Collar Defense practice, was quoted by The FCPA Report for an article discussing how to mitigate the corruption risk posed by third parties whose actions may subject companies to FCPA liability.
The publication reports that an effective way to mitigate the corruption risk is to include FCPA reps and warranties in third-party contracts.
"Some companies may want to include clawback provisions that allow them to claw back funds if the third party does something inappropriate," said Wolff. "Clawback provisions can be useful. If it turns out that there was a violation, the company is entitled to get whatever money back that it paid to the third party."