15th FCPA Boot Camp

Workshop A: 9:00 – 12:30 (Registration begins at 8:30)

The Fundamentals of FCPA Compliance: An In-Depth Guide to Navigating the Foreign Corrupt Practices Act and Lessons Learned from Recent Developments in Caselaw and Enforcement

Richard P. Konrath
General Counsel – North America
CNH America LLC (Racine, WI)

Angela T. Burgess
Partner
Davis Polk & Wardwell LLP(New York, NY)

Trent Sandifur
Partner
Taft Stettinius & Hollister LLP (Indianapolis, IN)

Travis Bonnell
Chief Compliance Officer
Allison Transmission, Inc. (Indianapolis, IN)

Attend this highly rated, interactive working group session and walk away with a comprehensive overview to the FCPA. Take note as you are led through a discussion of the anti-corruption and anti-bribery elements of the FCPA, internal controls and accounting requirements, as well as an introduction to the Sarbanes-Oxley Act, SEC reporting requirements and new concerns under the Dodd-Frank Act. Also, get updated on recent developments in case law and enforcement as the session leaders delve into the following topics:

• The basic elements of the FCPA
  • Giving/promising anything of value
  • Who is a foreign official?
  • Influencing the official
  • Obtaining or retaining a business benefit
• Understanding who is covered by the FCPA?
  • Foreign Private Issues (FPI) who qualifies?
  • Foreign subsidiaries? JV partners?
  • What is the extraterritorial reach of the FCPA?
  • What constitutes an “instrumentality”?
  • What constitutes a “government owned entity”?
• Examining permissible and impermissible payments
  • Anything “of value”
  • Facilitating payments
  • Limits on “grease”
  • Political contributions
  • Charitable contributions
• Dissecting the evolving definition of what constitutes activity to “obtain or retain business”
• Delineating reasonable and bona fide expenses under the statute
• Outlining common triggers for FCPA enforcement
• Books and records requirements
• The intersection of Sarbanes-Oxley and the FCPA FCPA concerns post Dodd-Frank
• Core components of an FCPA compliance program
• Identifying the risks associated with non-compliance under the FCPA
  • Potential criminal and civil liability
  • Reputational damage
  • Risk of investigation
  • Disqualification for publicly financed projects
• Overview of what the recent cases mean for FCPA compliance programs and internal controls

Whether you are new to the field of FCPA or are a seasoned veteran with substantial experience seeking a comprehensive refresher, you will find this FCPA compliance fundamentals workshop invaluable for getting up to speed before the more in-depth discussions that are the highlight of the days to come.

Workshop B: 2:00 – 5:30 (Registration Begins at 1:30)

How to Test Run Your Compliance Program: Interactive Benchmarking Session on FCPA Self-Assessment

Allyson Bouldon
Vice President and Chief Compliance Officer
Chiquita Brands International (Cincinnati, OH)

Michael E. Clark
Special Counsel
Duane Morris (Houston, TX)

David Walters
Division Counsel,
Global Anti-Corruption and Product Protection Legal Regulatory and Compliance
Abbott Laboratories (Abbott Park, IL)

Structuring and conducting frequent FCPA self-assessments can be a daunting proposition – but when the government comes knocking, it is absolutely necessary to be able to say that your company is conducting this integral part of the compliance program. With the landscape of governing case law constantly evolving and influencing the focus of government enforcements, the nuances and complexities of self-assessment are continuously changing. During this interactive and practical workshop, experienced in-house counsel and private practitioners will take the group through the fundamentals of structuring your FCPA assessment. Get an inside look into the tools used by companies known for having robust and comprehensive FCPA compliance programs. This session is a do not miss for anyone conducting or undergoing an internal audit.

• Understanding current global compliance issues and how they affect your audit program
• What this year’s FCPA investigations and trials teach us to look for in an auditEstablishing an assessment database:
  • Developing real-time and historic analytics
  • What trends to analyze
  • Documenting your internal efforts
• Assessing corruption and bribery risks in your company operations
  • Detecting transaction and project based risks
  • Identifying points of contact with foreign governments and the nature and extent of direct government contracts
• What to look for in your due diligence file
• How to help legal and compliance rectify red flags in the audit
• The essential components of an FCPA compliance audit and how they differ from other audits
• Determining who, what and when to evaluate
• Unique compliance environments: how to secure overseas cooperation and test whether you’re getting it

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