Liability for third-party activities remains one of the most challenging FCPA risks.  “A company needs to have mechanisms in place to ensure that its third parties are complying with the law and not creating liability for the company,” Matteson Ellis, special counsel at Miller & Chevalier, said.  One of the most effective ways to mitigate this risk is by including FCPA reps and warranties in third-party contracts.  This, the first article in our series examining the optimal ways to incorporate those clauses, discusses: the types of relationships that require reps and warranties; the risks and benefits of including such clauses in third-party contracts; and nine examples of the types of reps and warranties companies may wish to include in their contracts.  The second article will discuss advanced reps and warranties for special situations and will suggest techniques for enforcing the rights associated with the reps and warranties.  See also our four-part series on Audit Committee Responsibilities Before, During and After an Anti-Corruption Investigation: “Five Steps to Take Before the Investigation Begins (Part One of Four),” (Feb 19, 2014); “Determining When and How to Proceed (Part Two of Four),” (Mar. 5, 2014); “Retaining Counsel, Gathering Information and Documenting the Investigation (Part Three of Four),” (Mar. 19, 2014); and “Remediating and Disclosing the Investigation to the Government and the Public (Part Four of Four),” (Apr. 4, 2014).