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Supply Chain Diligence—Key Considerations to Develop a Holistic Approach to Supply Chain Risks

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Marcia Ellis and Stacey Sprenkel will speak at Ethisphere’s 2023 Asia Pacific Ethics & Compliance Forum on supply chain diligence and provide key considerations to develop a holistic approach to supply chain risks.

Marcia Ellis and Stacey Sprenkel will speak at Ethisphere’s 2023 Asia Pacific Ethics & Compliance Forum on supply chain diligence and provide key considerations to develop a holistic approach to supply chain risks.Supply chain risks are a hot topic for many companies as identified by Morrison Foerster’s <a href="/asia-funds-esg-report" target="_self">Asia Funds ESG Report 2023</a>. On Ethisphere’s panel, Marcia and Stacey will discuss how companies and funds can think holistically about third-party risks, compliance, and sustainability-related matters. They will provide steps to balance local compliance obligations with applicable global sustainability requirements, navigate business relationships in high-risk areas, and work with supply chain diligence experts to redirect and diversify supply chains in new markets.To register for Asia Pacific Ethics & Compliance Forum, visit <a href="https://ethisphere.com/forumandsummits/2023-asia-pacific-ethics-compliance-forum-agenda-now-live/" target="_blank">Ethisphere’s website</a>.Find out more about the <a href="/asia-funds-esg-report" target="_self">Asia Funds ESG Report 2023</a>, and read the full report, listen to podcasts, and take your own benchmarking survey.<hr>

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Marcia’s practice focuses on private equity transactions and complex mergers and acquisitions involving companies and other assets located in Asia. Having practiced in Asia for more than a quarter of a century, Marcia is one of the most experienced M&A lawyers active in the Asian market. In the past three years, she has advised clients on deals with a total aggregate value well in excess of US$249.8 billion.​Marcia regularly advises leading investors on M&A transactions, including SoftBank Vision Fund, Alibaba, GLP, Bain Capital, BlackRock, Farallon Capital, Ascendent Capital Partners, Silver Crest Acquisition Corp., PAG, Hillhouse, Hony Capital and Celadon Partners. In addition, she is experienced in representing U.S., UK and Asia based institutional investors in the acquisition, financing and disposition of real estate in China, Hong Kong and elsewhere in Asia, including numerous logistics and internet data center projects, and investment in and acquisition of real estate developers.From 2008 through 2011, she was the Chief Legal Officer for Asia of D. E. Shaw, where she assisted various group entities in making, restructuring, and exiting investments in various countries in Asia, including a number of significant and highly structured investments in China and India.Clients consider Marcia as a "super skilled technical lawyer" who offers "incredible problem-solving skills on all aspects of matters, both legal and commercial". A client said that "Finding a lawyer whose judgement you trust and who knows how far they can push the boundaries is not easy, and Marcia is the best lawyer I've worked with."Marcia is the Global Co-Chair of the firm’s Private Equity Practice, a member of our global board of directors, and a member of our global Environmental, Social and Governance (ESG) Steering Committee. She has also been named to Law360’s 2022 and 2023 Private Equity Editorial Board and elected as the Co-Chair of AmCham Hong Kong’s Women of Influence Committee. Marcia has been recognized as one of the Women of Influence in Private Markets: Private Equity by Private Equity International in 2024.

Marcia Ellis（艾琳）律师的执业重点是涉及亚洲境内公司和其它资产的私募股权交易和复杂并购。Ellis律师在亚洲执业超过二十五年，是活跃在亚洲市场经验最丰富的并购律师之一。在过去三年间，她为客户完成的交易的合计价值超过2498亿美元。Ellis律师经常为大型投资者提供并购交易法律咨询，这些投资者包括软银愿景基金、阿里巴巴、普洛斯、Bain Capital、贝莱德、Farallon Capital、上达资本、Silver Crest特殊目的收购公司、PAG、高瓴资本、弘毅投资以及Celadon Partners。此外，在代表美国、英国、亚洲机构投资人方面她也富有经验；她代表客户处理收购、融资、处置中国、香港及亚洲其它地区的房地产，其中包括许多物流和互联网数据中心项目，也处理对房地产开发商的投资与收购。从2008至2011年，Ellis律师是德劭集团亚洲区的首席法务官。在德劭集团，她协助各集团实体处理在亚洲多个国家进行的投资、投资重组及投资退出事宜，包括在中国和印度进行的多个重要及高度结构化的投资。客户评价Ellis律师是一位"技巧高超的律师"，她拥有 "极其出色的解决问题的能力，包括法律问题和商业问题 "。一位客户称："找到一位拥有令人信任的判断力，并能尽力突破极限的律师并不容易，而她是我合作过的最好的律师"。Ellis律师是美富律师事务所的全球私募股权业务联席主席，本所全球董事会成员，兼本所环境、社会与治理（ESG）指导委员会委员之一。她还当选《法律360》（Law 360）2022年度和2023年度私募股权业务编辑委员会成员，以及香港美国商会最具影响力女性（WOI）指导委员会联席主席。Ellis律师还荣获Private Equity International评为2024年“私募股权领域：私募市场最具影响力女性”之一。

Marcia Ellis

Global Co-Chair of Private Equity Practice

<div class="videoWrapper"><iframe class="sticky-video" title="Meet MoFo San Francisco Head of Litigation Stacey Sprenkel" allow="autoplay; encrypted-media" allowfullscreen="1" frameborder="0" src="https://www.youtube-nocookie.com/embed/wNOyJe_ZnZI?rel=0" title="iframe"></iframe></div>Stacey is a member of Morrison Foerster's ESG + Sustainability, Global Ethics and Compliance, and FCPA + Global Anti-Corruption practices. She regularly assists clients with assessing compliance risks across a broad range of issues and developing strategies to mitigate risks. She conducts anti-corruption, human rights, and compliance-focused due diligence in connection with acquisitions and other transactions, and provides day‑to‑day counseling on a broad range of compliance issues.Stacey’s practice is focused on pro-active compliance risk mitigation and counseling. She works with legal and compliance teams, executive leadership, and boards of directors to assess compliance risks across organizations, and to assess whether existing compliance programs and controls are sufficient to address identified risks. She assists with ESG risk mapping exercises and human rights impact/saliency analyses, as well as compliance program benchmarking exercises. She helps companies from start-ups to large global companies develop and enhance compliance programs, and assists with the development of strategies to stay ahead evolving legal regimes and enforcement environments. Stacey leverages her master’s degree in human rights to advise companies in connection with not only avoiding corruption, human rights, and other ethics and compliance risks and issues, but also in developing effective mechanisms to remediate such issues if they arise.When issues do arise, Stacey also leads corporate internal investigations spanning a broad range of issues, including bribery, kickbacks, embezzlement, self-dealing, insider trading, accounting fraud, economic espionage, and health care fraud. Stacey advises clients related to these issues in jurisdictions around the globe, including in North America, Latin America, Europe, Africa, Russia, India, and Asia-Pacific. She also represents clients in connection with SEC and DOJ investigations and enforcement proceedings, and in complex commercial litigation involving False Claims Act, civil RICO, and antitrust matters.Stacey was named to the 2018 list of the “Top 40 Under 40” lawyers in California by the Daily Journal and was also recognized by the Daily Journal as being among the “Top Five Associates to Watch” in California in 2013. She was recently shortlisted for Compliance Lawyer of the Year as part of the 2020 Women in Compliance Awards. She has also been previously recognized by The Recorder as being among the “Lawyers on the Fast Track,” a list of attorneys in California whose early accomplishments indicate they will be tomorrow’s top lawyers and leaders. In addition, Euromoney Legal Media Group selected her as one of eight women recognized on a 2014 shortlist of litigation rising stars for the “Americas Women in Business Law Awards,” which honors the achievements of women leading the legal sector across the Americas. She has also been recommended as a “Rising Star” by Super Lawyers every year since 2009.Stacey regularly speaks on panels on issues related to ESG, human rights, and anti-corruption compliance. Most recently she served as a panelist for MoFo’s “ESG + GCs: Practices, Priorities and Perspectives” webinar, joined a co-branded webinar with McKinsey on “Elevating the Bar for Transparency: SEC Proposed Rules & Potential Implications for Investors,” and participated in EY’s Leading with Integrity Webcast during a panel session focused on “Mitigating Fraud and Corruption risks in ESG.” She will also be joining Ethisphere’s upcoming ESG Virtual Forum to lead a panel focused on “The Regulators are Coming: Should Ethics & Compliance Take the Lead on ESG.”Stacey has long been a champion for veterans’ rights and has been a key team member on several high-profile impact cases on behalf of veterans. These cases include a class action on behalf of veterans who were exposed to chemical and biological substances during their time in service as a result of secret human testing programs conducted by the United States military along with an action brought on behalf of veterans with post-traumatic stress disorder against the Department of Veterans Affairs for failure to provide statutorily mandated benefits and healthcare to returning troops. She has also been involved with proposed legislation relating to veterans’ rights and consults on a number of other matters (judicial and legislative) related to veterans’ rights. Stacey has also handled a number of other pro bono matters, including advising an anti-corruption organization in The Gambia about proposed anti-corruption legislation and working with the Northern California Innocence Project in an effort to secure the release of a prisoner who has been serving 24 years in prison for a crime he did not commit.Stacey was the head of Morrison Foerster’s San Francisco Litigation Department for five years. She is admitted to practice in California.<h4>Representative Experience</h4><h5>Human Rights and ESG-Focused Matters</h5><ul><li>ESG Risk Mapping Exercise. Assisted a leading global technology company in connection with mapping ESG legal and compliance-related risks across the organization in order to develop appropriate risk mitigation strategies.</li><li>Human Rights Supply Chain Tracing Exercise. Assisting global company in connection with strategy to trace the supply chain of a newly acquired entity with operations and suppliers in Xinjiang, China.</li><li>Accountability Mechanisms. Assisting financial institutions in connection with developing accountability mechanisms for individuals in local communities who face human rights impacts as a result of projects in which they invest to seek information and potential redress.</li><li>Policy Refresh. Assist global company in connection with developing and enhancing both internal and external-facing ESG-related policies (addressing human rights, anti-corruption, AML, DE&I, and other related topics).</li></ul><h5>Investigations and Risk Assessments</h5><ul><li>Asia-Pacific FCPA Investigation. Conducting review of potential payment issues in India and other Asia-Pacific countries for a leading technology company.</li><li>False Claims Act/Fraud Investigation. Representing special committee of Board of Directors in connection with government investigation and internal investigation regarding potential fraudulent transactions and false claims act violations.</li><li>Global FCPA Investigation. Represented a Fortune 500 company in an internal investigation of potential FCPA violations in Latin American and Asia-Pacific countries.</li><li>Asia-Pacific FCPA Investigation. Represented a leading global technology company in an internal investigation of potential FCPA violations in Asia-Pacific countries.</li><li>Global Risk Assessment. Assisted a technology company with significant international operations in conducting an anti-corruption risk assessment and is currently assisting the company with updating its policies, procedures, and training plan to reflect learnings from the assessment.</li><li>Global Risk Assessment. Represented a Fortune 500 company with significant operations in Asia and Latin America in conducting an anti-corruption risk assessment. Following the risk assessment, assisted with development of global compliance program, including developing policies and training, and procedures for screening third parties.</li></ul><h5>FCPA Due Diligence</h5><ul><li>Global Anti-Corruption Due Diligence. Represented a leading technology company in connection with anti-corruption due diligence of a U.S.-based target with significant operations in Asia and the Middle East.</li><li>FCPA Diligence of Medical Device Company. Represented a global medical device company in connection with anti-corruption diligence of a target with global operations.</li><li>Global Anti-Corruption Due Diligence. Represented a global technology company in connection with anti-corruption due diligence of a UK-based target with substantial business in Europe, Russia, India, Asia, and Latin America.</li><li>Global Anti-Corruption Due Diligence. Represented a Fortune 500 company in connection with anti-corruption diligence of an Africa-based target with significant operations in Africa and the Middle East.</li><li>Post-Acquisition FCPA/Compliance Review. Represented a Fortune 100 company with a post-acquisition anti-corruption compliance review of a newly acquired business with operations and significant government touch points in Russia, Eastern Europe, Northern Europe, North Africa, and the Middle East.</li></ul>

Supply Chain Diligence—Key Considerations to Develop a Holistic Approach to Supply Chain Risks

15 Dec 2023 8:30 AM - 2:30 PM SGT