BOOT CAMP Day One – June 27, 2011
8:00 Registration Begins and Continental Breakfast
9:00 Co-Chairs’ Opening Remarks
Jon Shapiro
Assistant Vice President, Program Management
Aon Corporation (Chicago, IL)
Kathryn Woodward
Director, Global Business Practices & Compliance
Sara Lee Corporation (Chicago, IL)
9:15 The FCPA Year in Review: Update on Recent FCPA Investigations, Settlements and Whistleblower Enforcement under the Dodd-Frank Act
William J. Stuckwisch
Assistant Chief, Fraud Section - Criminal Division
U.S. Department of Justice (Washington, DC)
David A. Glockner
Chief, Criminal Section
U.S. Attorney’s Office (Chicago, IL)
Asheesh Goel
Partner
Ropes & Gray LLP (Chicago, IL)
Former Branch Chief, U.S. Securities & Exchange Commission, Division of Enforcement
Steven A. Tyrrell
Partner
Weil, Gotshal & Manges LLP (Washington, DC)
Former Chief, U.S. Department of Justice, Fraud Section
- Lessons learned from recent cases, including Panalpina, Pride, Shell, Alcatel-Lucent, BAE, Daimler, IBM
- Identifying triggers for enforcement based on recently settled case outcomes and pending investigations – what types of behavior is the government currently targeting?
- Investigative techniques – evaluating how the 2010 FBI sting has changed the face of corruption investigations
- Discussing how escalating fi nes have impacted negotiations with the government over the past year
- Considering how the SEC and DOJ calculate penalties and fines
- Overview of U.S. enforcement trends – increased prosecution of individuals, imposition of compliance monitors, foreign coordination, impact of voluntary disclosure
- Update on collateral civil litigation relating to FCPA enforcement activity
- Understanding how the Dodd-Frank Act amended previously existing law to create new whistleblower incentives and protections
- update on the status of cases that have been prosecuted under the Dodd-Frank whistleblower provisions
- ensuring your compliance program is updated to be in compliance with new requirements under the Act
- What’s on the horizon?
- industries and areas to watch
- industry-wide investigations
- inter-agency coordination
10:15 Structuring the Optimal Global FCPA Compliance Program: How to Select the Ideal Model for Your Company’s Risk Areas
Jeanine Jiganti
Chief Compliance Officer & Vice President
Takeda Pharmaceuticals North America, Inc. (Deerfield, IL)
Kathryn Woodward
Director, Global Business Practices & Compliance
Sara Lee Corporation (Chicago, IL)
Clivetty Martinez
Regional Vice President Latin America
Health Care Compliance & Privacy
Johnson & Johnson International, Inc. (Miami Lakes, FL)
Z. Scott – Panel Moderator
Partner
Kaye Scholer LLP (Chicago, IL)
- Identifying greatest risk areas based on industry sector and geographic scope to effectively allocate compliance resources
- Addressing cultural challenges of global implementation of an FCPA compliance program
- how to secure cooperation overseas and test whether you’re getting it – instilling the importance of fi eld testing your compliance program
- assessing and accounting for risks posed by subsidiaries, partners and/or agents operating in high risk markets
- Securing management buy-in of your compliance program across departments and assigning managerial and governance responsibility
- Ensuring comprehensive reporting, clear accountability and full and effective oversight by top decision makers
- Delineating how effective trade controls compliance can mitigate corruption risk
- Identifying other functions in the company who can – and must – help
- Optimum reporting lines within company
11:15 Morning Coffee Break
11:30 Facilitating Payments: How to Properly Detect Corrupt Payments and Behavior under the FCPA
Karen M. O’Toole
Vice President & Associate General Counsel
Fidelity Investments (Boston, MA)
Laurence A. Urgenson
Partner
Kirkland & Ellis LLP (Washington, DC)
- Evaluating the FCPA’s defi nition of facilitating payments: knowing when grease become a bribe
- Identifying an acceptable range for facilitating payments: how strong is the trend against such payments, and how to control/eliminate them
- Knowing what the outer monetary limits of facilitating payments
- Satisfying U.S. law recordation requirements without increasing your foreign exposure
- Tips for monitoring facilitating payments and third parties
- formalities contractors, customs brokers, etc.
- Extortion, duress and customs – when are they defenses?
12:15 Networking Luncheon
1:30 Distinguishing the UK Bribery Act from the FCPA: Evaluating How New Compliance Requirements Will Impact Global Operations
Todd G. Hartman
Vice President, Associate General Counsel & Chief Compliance Officer
Best Buy Enterprise Services, Inc. (Richfield, MN)
Matthew Cowie
Counsel
Skadden, Arps, Slate, Meagher & Flom (London, UK)
Former Senior Prosecutor, Serious Fraud Office
- Delineating general vs. specifi c vs. failing to prevent offenses
- Defining “adequate procedures”
- Outlining the scope of the UK Act – who it applies to and where
- How will facilitating payments be treated?
- Penalties and enforcement – knowing what red flags the UK government will be looking for early on
- Revisiting your compliance program to ensure it is updated to comply with new requirements under the UK Bribery Act
2:30 Understanding the Limits of Gift Giving, Hospitality and Entertainment
John Lewis
Senior Managing Counsel - Compliance
The Coca-Cola Company (Atlanta, GA)
Robert W. Tarun
Partner
Baker & McKenzie LLP (San Francisco, CA)
- Addressing contractually-mandated hospitality: how to handle it and what is reasonable
- Understanding pure hospitality (“relationship building”): when is it considered promotion, demonstration, or explanation of products and services
- Identifying when a business expenditure becomes a criminally “lavish” gift
- Spouses and children: when is hospitality permitted?
- Gifts and meals: what is reasonable and customary?
- Implementing effective business travel guidelines
- Best practices for implementing a program to monitor and audit hospitality
3:30 Afternoon Refreshment Break
3:45 Third Party Auditing and Monitoring: How to Structure a Robust Third Party Management System for Vendors, Contractors, Brokers, Agents and Partners
Todd G. Hartman
Vice President, Associate General Counsel & Chief Compliance Officer
Best Buy Enterprise Services, Inc. (Richfield, MN)
Thomas M. Durkin
Partner
Mayer Brown LLP (Chicago, IL)
Ayman Fawal
Corporate Compliance Manager
Panalpina Inc. (Secaucus, NJ)
Ryan D. Murphy
Director
PwC USA (Chicago, IL)
- Performing a risk inventory of third-parties based on your company’s size, industry and global reach
- Considering the integrity risk posed by an alliance with a party who presents a known risk
- Striking the balance between too much vs. too little oversight when managing and overseeing operations led by third parties
- Clearly delineating up front what duties and responsibilities your company has/does not have to foreign vendors and partners and vice versa
- Developing appropriate oversight monitoring plans and establishing internal controls to detect and prevent local anti-bribery issues
- Coordinating foreign processes and procedures for monitoring third parties to maximize credibility to the SEC, DOJ and foreign regulatory authorities
5:00 Conference Adjourns to Day Two
BOOT CAMP Day Two – June 28, 2011
9:00 Co-Chairs’ Remarks
9:15 Conducting Cost-Effective Internal Investigations: Best Practices for Properly Defining the Scope and Handling Findings
Lawrence Oliver
Chief Counsel, Investigations
The Boeing Company (Chicago, IL)
Sean M. Berkowitz
Partner
Latham & Watkins LLP (Chicago, IL)
- Identifying red flags for when an internal investigation should take place – closely examining accounting data to scope the investigation
- Clearly delineating the scope of the investigation up front and identifying by whom the investigation should be conducted – dealing with external auditors
- Managing multiple moving parts - coordinating the investigation between the company, foreign third parties & partners, outside counsel and accounting firms
- Data protection and privacy concerns – gathering and reviewing documents in a defensible and effective manner
- Developing protocols for refi ning the review plan once the investigation has already begun
- Deciding when the investigation has been exhausted
- determining how much is enough when trying to learn the facts
- dealing with inconclusive findings
- Next steps when a violation is discovered – reporting fi nds and following up on results
10:30 Morning Coffee Break
10:45 Disclosing Wrongdoing: Deciding When and How to File a Voluntary Disclosure to DOJ and the SEC
David H. Resnicoff
Associate General Counsel & Vice President, Ethics & Compliance
Baxter International, Inc. (Deerfi eld, IL)
Scott R. Lassar
Partner
Sidley Austin LLP (Chicago, IL)
- Understanding to what extent voluntary disclosures mitigate penalties, reduce negative publicity and prevent enforcement actions
- Factors to consider when deciding whether or not to voluntarily disclose an FCPA violation – legal and practical considerations, aggravating and mitigating factors
- Comparing and contrasting SEC and DOJ approaches – considering how government agencies evaluate voluntary disclosures
- Tracking the voluntary disclosure
- Lessons learned from recent voluntary disclosures
11:30 Implementing Adequate Accounting Controls to Meet FCPA Books and Records Requirements
Jon Shapiro
Assistant Vice President, Program Management
Aon Corporation (Chicago, IL)
Vanessa Salinas Beckstrom
Director, Chicago Office
PwC USA (Chicago, IL)
- Knowing what your financial accounting system and fraud risk internal controls need to accomplish
- Incorporating financial and accounting controls into your anti-corruption compliance program
- How to handle coding and expense accounts – knowing what the SEC will be looking for
- Leveraging your fi nancial accounting system to identify questionable transactions
- Document retention policies that work and don’t work
- controlling cost associated with document preservation
- communicating and enforcing your document retention policy – ensuring the relevant stakeholders are in compliance
12:30 Networking Luncheon
1:45 Mock Session: Detecting Bribery in Customs Operations
Ayman Fawal
Corporate Compliance Manager
Panalpina Inc. (Secaucus, NJ)
Kimberly A. Parker
Partner
Wilmer Cutler Pickering Hale and Dorr LLP (Washington, DC)
Take part in an interactive discussion of real-life customs invoices that could/could not raise potential FCPA issues. Learn what signs should get your attention as well as what to look for when evaluating invoices. Sample invoices will be distributed to the audience for review and use during this practical customs panel.
2:45 Developing Effective Training for High Risk Markets: How to Ensure FCPA Awareness & Foster Foreign Employee Adherence to the Compliance Program
Karen M. O’Toole
Vice President & Associate General Counsel
Fidelity Investments (Boston, MA)
David C. Metz
Vice President & General Counsel - Americas
Hitachi Data Systems (Damascus, MD)
- Efficiently utilizing limited resources when training employees on a global scale
- Distinguishing necessary training measures for low-risk vs. high-risk employees and markets
- Adapting the training to the role of the employee – balancing in-depth training sessions with basics
- Securing local management buy-in
- Mechanics and logistics of global training when operating in remote areas
- What to consider when deciding if additional or refresher training is needed
3:30 Afternoon Refreshment Break
3:45 Ensuring Appropriate Contractual Safeguards & Minimizing Risk Exposure When Structuring Agreements with Alliance & Joint-Venture Partners
John Lewis
Senior Managing Counsel – Compliance
The Coca-Cola Company (Atlanta, GA)
Steven A. Tyrrell
Partner
Weil, Gotshal & Manges LLP (Washington, DC)
Former Chief, U.S. Department of Justice, Fraud Section
- Outlining essential provisions to include in your JV agreement – certifi cations, protections, etc.
- Identifying appropriate contractual procedures for agents and distributors
- Ensuring the proper signatures and approvals are obtained on all JV documents and contracts
4:30 Creative Response to Corruption in High Risk Markets and How to Handle Common FCPA Compliance Issues
Vanessa Salinas Beckstrom
Director, Chicago Office
PwC USA (Chicago, IL)
Jon Shapiro
Assistant Vice President, Program Management
Aon Corporation (Chicago, IL)
Kathryn Woodward
Director, Global Business Practices & Compliance
Sara Lee Corporation (Chicago, IL)
Kimberly A. Parker
Partner
Wilmer Cutler Pickering Hale and Dorr LLP (Washington, DC)
Take this opportunity to pose your most pressing issues and concerns to our live panel of FCPA experts during this live, open-format, Q&A discussion. A great opportunity to gain best practices on how to structure transactions, implement compliance procedures and develop appropriate oversight mechanisms in order to minimize your company’s FCPA exposure, this interactive panel discussion will provide you with a rare opportunity to get the answers you need from a senior-level group of your peers experienced in dealing with these issues on a day-to-day basis.
5:00 Conference Concludes
Conference Details