Red Flags Rising: M&A and Export Controls – From Art of War to Art of the Deal

Mike and Brent revisit a discussion recorded in May 2026, before the prior US-China trade summit, which is timely again with the next round of meetings coming up on September 24, 2026. They also highlight their May 2026 national security enforcement and compliance event in Washington, DC, where Assistant Secretary for Enforcement David Peters spoke. Then they discuss how companies can best manage US export control risks in the context of M&A pre- and post-acquisition due diligence.

Specifically, Mike and Brent set the stage for the M&A discussion (01:49); preview what Sun Tzu’s Art of War means for the upcoming negotiations (03:50); provide a recap of their May 5, 2026, national security compliance and enforcement event in Washington, DC, and the key takeaways from the event in terms of M&A and export controls (05:36); discuss Brent’s recent NYU Program on Corporate Compliance & Enforcement (PCCE) article and how Brent’s Fraud Four-Circle Framework (SM) can help with pre-acquisition due diligence based on some anecdotal evidence from his own experience (10:32); some anecdotes from Mike’s experience (14:43); how export controls now pose “central compliance risks” in terms of boards of directors’ duty of oversight under Delaware law (20:35); and how these ideas can help sellers, not just buyers (23:36);

Mike and Brent then conclude with the latest installment of Brent’s “Managing Up” segment (24:41).

Contact Brent: brent@redflagsrising.com

More about Brent: www.redflagsrising.com/founder

Connect with Brent on LinkedIn

Brent’s article referenced in the episode: Brent Carlson, “A Light Shines Through the Darkness in Disputes, Investigations, and Trade Compliance: A Fresh Look at the Classic Fraud Triangle with the Fraud Four-Circle Framework℠,” NYU PCCE (Jan. 8, 2026)

Contact Mike: michael.huneke@morganlewis.com

More about

Mike: https://www.morganlewis.com/bios/michaelhuneke

Connect with Mike on LinkedIn

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