Archive for March, 2012
« Older EntriesDCAA Audits Boot Camp
March 31st, 2012
in Financial Services |
Audits of the cost and performance of government programs are essential for government accountability to the public and transparency about whether the government is getting value for taxpayer dollars” – Government Accountability Office (GAO)
Your Bottom Line is at Stake! With the U.S. Government Revisiting Defense Spending, Is Your Firm Fully Equipped to Manage More Frequent and In-Depth DCAA Audits?
• DCAA continues to return savings to the Government that exceeds the cost of its operations.
• In FY 2010, DCAA audited $34 billion of costs incurred on contracts and reviewed 5,689 forward pricing proposals amounting to $185 billion.
• Approximately $2.9 billion in net savings were reported because of audit findings – the return on taxpayers’ investment was approximately $5.14 for each dollar invested.
As per the Fiscal Year 2012 Budget Estimates – Defense Contract Audit Agency (DCAA)
Amid an election year and continuing pressure on the Obama Administration to tighten budgets and eliminate inefficient payments of taxpayer money, DCAA faces increased pressure to reign in Government spending.
After the success of its May 2011 San Diego event, this acclaimed American Conference Institute DCAA Audit & Compliance Boot Camp is coming back to Southern California. The Boot Camp will be an intensive 2-day program with in-depth sessions on complying with strict cost or pricing regulations, preventing payment withholdings under the new DFARS business systems rule, and preparing for incurred cost submissions, defective pricing audits, and managing DCAA auditor access to records, data and employee interviews.
Whether you are new to government contracting, looking for a technical update, or in need of staying abreast of the current state of play, this Boot Camp will deliver.
Topics include:
Ensuring your data is current, accurate and complete: Complying with TINA and cost or pricing data requirements throughout the procurement process
What constitutes an adequate price analysis of subcontractor proposals
The latest on DCAA, DCMA and GAO priorities and guidance – what to expect going forward
Conducting internal reviews to detect compliance weaknesses
Complying with record-retention, destruction and management requirements under the FAR
Incorporating cost-plus, time & material, and sub-tier proposals into your forward pricing rate proposals
Crafting a corrective action plan to remedy a deficiency finding
Preparing for a Contractor Purchasing System Review (CPSR)
An interactive MOCK AUDIT and Q&A
Meeting heightened DCAA and OIG compliance expectations for the new ethics compliance requirements
Complying with FAR Part 49 to maximize monetary recovery amid rising equitable adjustments and termination claims
Import Compliance and Enforcement
March 30th, 2012
in Ethics Credits |
Each year, import compliance and legal professionals attend American Conference Institute’s National Forum on Import Compliance and Enforcement to meet and learn from leading trade compliance executives and attorneys, and ask questions directly to senior government officials.
Now in its 7th successful year, this fully updated and highly practical agenda is the culmination of research with a broad range of importers to ensure focus on the most pressing compliance issues impacting your bottom line.
New Program Features and Keynote Speakers for 2012:
- Invaluable insights from Ellen McClain, Deputy Assistant Secretary (Transborder Policy, U.S. Department of Homeland Security) on global supply chain security initiatives
- Alan Cohen (Senior Attorney, Penalties Branch, CBP) will discuss thelargest penalties in the last year, and lessons learned
- Hear from Carlos Ochoa (Supervisory Program Manager, C-TPAT / Industry Partnership Programs, CBP) and Susan Dyszel (ITDS Team Lead, CBP) on Single Window Developments and ITDS
- Ask your questions to Monika Brenner (Chief, Valuation & Special Programs Branch, CBP) on how to resolve complex valuation andtransfer pricing issues
- Gain first-hand insights from Cindy Covell (Executive Director, Regulatory Audit) on CBP audit plans and priorities
- Benefit from Centers of Excellence and Simplified Entry Systemupdates from Jeremy Baskin (Senior Advisor to the Executive Director, Regulations and Rulings, CBP) and Anne Maricich (Assistant Director, Trade, Los Angeles Field Office, CBP)
- Hear from Florence Constant (Chief, Partnership Programs Branch, CBP) on the ISA program: Satisfying strict CBP standards for internal controls
- Take away updates from Cindy Allen (Executive Director for ACE Business) on the transition to ACE
New Panel on Intellectual Property Rights.
- Learn from Charles Steuart (Chief, IPR & Restricted Merchandise Branch, CBP) and Rich Halverson (National IPR Coordination Center, ICE) on how to reduce counterfeiting risks, import trademark-protected and grey market goods, and what triggers detention andseizures
Fully Updated Session on Importing FDA-Regulated Products Amid New Safety Requirements.
- Gain best practices from Domenic Veneziano (Director, Division of Import Operations and Policy, FDA) on how to satisfy new, heightened safety and compliance expectations.
Tags: ACI
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Wage & Hour Claims and Class Actions
March 29th, 2012
in Employment & Benefits |
The wage and hour landscape has been significantly altered in the wake of Wal-Mart v. Dukes and AT&T Mobility v. Concepcion.
Come join your colleagues and clients at the nation’s premier wage and hour defense forum and hone the skills and strategies needed to keep pace with this rapidly changing area of law, defend against new and innovative claims, and prepare for emerging regulations and evolving enforcement priorities.
American Conference Institute’s 15th National Forum on Wage & Hour Claims and Class Actions will provide you with an unparalleled opportunity
to convene with expert in-house counsel from Microsoft, Bank of America, IBM, Dow Jones & Co., The Hartford, Allstate Insurance, DIRECTV, Viacom,
24 Hour Fitness, Cisco Systems, Kaplan, Gannett Co., Medtronic, Darden Restaurants, Ryder System, Marsh & McLennan, Tyco, Ally Financial, Family Dollar Stores, Canam Steel, NextEra Energy, Caterpillar, Solae, PSEG, Covidien, and Reed Elsevier, as well as leading private practice attorneys and renowned federal and state judges, in order to obtain expert advice, insider strategies, and comprehensive updates on:
- Assessing the impact of Wal-Mart v. Dukes on FLSA collective actions, Rule 23 class actions, and hybrid cases
- How AT&T Mobility v. Concepcion and its progeny are being applied in the wage and hour context
- Using settlement and mediation to resolve claims and avoid costly litigation
- Overcoming the complexities of managing and defending against multidistrict litigation
PLUS, add value to your attendance by also registering for the exclusive pre-conference Wage and Hour Law Boot Camp and post-conference Master Class on social media and employment law:
| A. | Pre-Conference Boot Camp – An In-Depth Analysis of the Essentials of Wage and Hour Law for New Practitioners May 30, 2012 – 2:00 p.m.-5:00 p.m. |
| B. | Post-Conference Master Class – Social Media and Employment Law: Best Practices for Establishing a Social Media Employee Policy and Minimizing Your Exposure to Employment Litigation Arising From the Use of Social Media |
Tags: ACI, Employment, Employment Law
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5th China Summit on Anti-Corruption
March 28th, 2012
in Anti-Corruption / FCPA, China & Singapore |
Unparalleled networking and benchmarking opportunities at China’s premier anti-corruption compliance forum.
An international faculty of senior-level executives who will provide you with information you can’t get anywhere else. No other conference delivers this much value.
Heightened anti-corruption enforcement will affect more companies in Asia than ever before. Are your compliance program and internal controls sophisticated enough to withstand the impact of government investigations? Do you know what the latest cases reveal about new risk areas and compliance standards?
Every June, in-house counsel, ethics and compliance executives, forensic accountants, finance and internal audit executives as well as corporate attorneys from China and around the globe attend ACI/C5’s China Summit on Anti-Corruption. Reserve your place today for what is regarded as the Anti-Corruption event of the year in China. Now in its 5th successful year,ACI/C5’s Anti-Corruption conference will once again provide latest anti-corruption enforcement initiatives in China and practical solutions for multinational companies’ specific China operational challenges.
Focus on Recent FCPA, UK Bribery Act, China Commercial Bribery and World Bank Prosecuted Cases
Recent published cases – including IBM, Johnson & Johnson, Maxwell Technologies, Rockwell Automation, Watts Water Technologies – highlight increasing risks for multinational companies doing business in China. Many more pending investigations reportedly also involve compliance issues in China. This summit will feature senior lawyers who were involved in anti-corruption investigations and will provide the audience with practical strategies to minimize risks of being investigated.
Insight from Senior Government Officials
Get the latest anti-corruption and bribery enforcement update from the senior government officials:
Shulu Shi, Director, Fair Trade Division, Shanghai Administration for Industry & Commerce
Paul Ezzeddin, Senior Policy Officer, The World Bank
Nicola Bonucci, Director Legal Affairs, OECD
More Opportunities to Benchmark and Learn from your Peers
Lemin Yu
Director, Corporate Legal Department
Sinochem Corporation
Josef Winter
Chief Compliance Officer
Siemens AG – Germany
Gangliang Qiao
General Counsel Northeast Asia
Siemens
Mark Whittenburg
Chief Compliance Officer – Greater China
General Electric
Steve Mortinger
Associate General Counsel & Trust & Compliance Officer for Growth Market
IBM
William B. Jacobson
Vice President Chief Compliance Officer
Weatherford – USA
T. James Min II
Vice President, International Trade Law & Corporate Compliance
DHL-USA
John J. Sadar
Chief Compliance Officer
Noble Energy – USA
Mathias Schinzel
Vice President
Emerson Process Management
Shawn Li
Group Regional Counsel – North Asia
Johnson & Johnson
Edward R. J. Neunuebel
Asia Pacific Regional Counsel, VP Government Affairs
Owen Corning
Allen Zhou
VP and General Counsel – Greater China
Schneider Electric
Cellina Yeh
Finance Director, Controls & Compliance
Microsoft
Lyn Wu
Legal Counsel, Asia
FMC
Felicia Chua
Senior Counsel & Regional Compliance Officer, Asia Pacific
Linde Gas Asia
Aili Zhao
Ethics and Compliance, Asia Pacific,
Baxter Healthcare Asia Pacific
Jacqueline Peterson
Global Anti-Corruption Attorney
Hewlett-Packard – USA
More Panels on Compliance and Risk Management on the Ground
- Global Anti-Corruption Think Tank: The View from HQ on How to Enhance Corporate Compliance Function and Risk Management in China
- Preparing for Heightened Enforcement of China Commercial Bribery Laws: How to Strengthen Your Compliance Program and Incorporate New Requirements
- Ensuring Local Management, Employee and Third Party Buy-In for your Bribery Compliance and Risk Management Initiatives
- Inside a Bribery Internal Investigation in China: How to Collect Evidence and Overcome Electronic Data, Privacy Law and State Secrecy Challenges
- When Bribery Leads to Employment Termination: Minimizing Litigation and Business Risks When Addressing an Employee’ Corrupt Conduct
Hands-On Practical and Interactive Working Groups
Complete your experience by attending ACI’s acclaimed working group sessions:
A: Gift and Entertainment Working Group
Developing a Compliant Gift, Travel and Hospitality Policy: A Complete Guide on How to Balance Legal Needs with Chinese Standards of Entertainment
B: FCPA Case Review
A Hands-on Look at FCPA Cases Involving China and Lessons Learned to Update Compliance Programs and Minimize Risk
Tags: ACI, Anti-corruption, China
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Reducing Legal Risks in the Sales and Marketing of Medical Devices
March 27th, 2012
in Advertising & Marketing, Law Firm Management, Legal Conferences, Litigation |
In a new era of heightened scrutiny, there is one place where you can learn how to reduce the risk of massive fi nes, litigation costs, misconduct charges, guilty pleas, negative publicity and more - ACI’s 12th National Summit on Reducing Legal Risks in the Sales and Marketing of Medical Devices. This annual conference will enable you to reshape your compliance programs to refl ect recent legislation and changes in enforcement priorities and to develop corporate policies that protect against future fraud claims.
Never before have device companies been so pressured by issues arising simultaneously on the state, national and international levels. At this uniquely trying time, day-to-day activities can become the focus of inquiries by members of Congress, investigations by federal and/or state prosecutors, and whistleblower claims. Additionally, see how other device manufacturers are responding to Sunshine Act requirements as you benchmark against your peers from: Baxter International, CareFusion, Covidien, Cyberonics, Inc., Fresenius Medical Care, Hollister Incorporated, Medline Industries, Medtronic, Roche Diagnostics Corporation, Smith & Nephew, University of Chicago Medical Center, Wright Medical, and Zimmer Holdings.
The Government Has You Under a Microscope – Learn The Enforcement Priorities for 2012
Prosecutors are using all the tools at their disposal to ensure that fraud and abuse by device manufacturers is kept at bay, including increased fi nes, prosecution of individuals and recalls?. By attending this conference, you will have an unparalleled opportunity to hear directly from government representatives regarding what activities are currently triggering enforcement. Gain insights from: federal and state enforcers:
- J. Gilmore Childers,
First Assistant U.S. Attorney,
New Jersey District - Gejaa Gobena,
Trial Attorney, Fraud Section, Criminal Division,
U.S. Department of Justice - Keith V. Morgan,
Assistant U.S. Attorney, Deputy Chief, Civil Division,
District of Columbia District - Stephanie Morse,
Assistant Attorney General, Complex Civil Enforcement Bureau,
State of Florida Office of the Attorney General - Tracy L. Price,
Assistant Director,
FCPA Unit, Division of Enforcement, U.S. Securities & Exchange Commission - Jeremy Sternberg,
Deputy Chief, Health Care Fraud Unit,
U.S. Attorney’s Office, District of Massachusetts.
As Device Operations Become More Global, So Do the Global Compliance RisksIt is not uncommon for multinational device manufacturers to be put on notice that they are being investigated for payments made to foreign physicians and health offi cials in various countries. With FCPA enforcement heating up, and the UK Bribery Actbeginning to take shape, it is critical for you to learn how to build a global compliance program to withstand the scrutiny of multiple countries. Expert speakers from the SEC, Bausch & Lomb, Biomet and Becton Dickinson will share tips for installing adequate internal controls to oversee foreign subsidiaries.
Post-Conference Workshops Complete Your Training
Complement your conference experience and gain hands-on and in-depth guidance on training and contracting. The Interactive Working Group: Executing a Comprehensive Training and Monitoring System to Minimize the Risks of Sending Your Sales Team Into the Field will enable you to see what training techniques your competitors are utilizing and how to most effectively ensure your team is engaging in compliant practices. The Master Class on Drafting an Effective and Compliant Contract Between Device Manufactures and Hospitals will give attendees a better understanding of the requirements for the hospital-manufacturer contract, and highlight what areas are subject to increasing government review.
Tags: Advertising, Legal, Legal conference, Legal conferences, Legal Events, Litigation strategies
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OFAC Enforcement and Compliance
March 16th, 2012
in International Trade & Defense, Regulatory & Compliance |
Now in its fifth successful year, American Conference Institute’s Advanced Forum on OFAC Compliance and Enforcement is widely regarded as the premier benchmarking and networking event for sanctions professionals. This advanced, flagship conference focuses on the most complex, hot button issues that impact global financial, insurance and export transactions.
Big ticket settlements, including JPMorgan, Flowserve, Credit Suisse, Lloyds and Barclays Bank demonstrate the potentially heavy price tag associated with U.S. sanctions violations, as well as the U.S. government’s resolve to aggressively prosecute OFAC violations. Such enforcement activity will undoubtedly continue and underscores the importance of strengthening internal risk-based sanctions compliance programs.
Amid evolving sanctions against Iran, Syria and other regimes, and strict EU sanctions, U.S. and foreign entities with global operations face unprecedented enforcement risks.
The highly sophisticated 2012 agenda is fully updated, featuring a newexpert speaker line-up of senior government officials, industry professionals and private practice experts.
New 2012 OFAC and HM Treasury (UK) Keynote Addresses:
- Adam J. Szubin, Director, OFAC
- Mikael Down, Deputy Director, Sanctions and Illicit Finance Team, HM Treasury (London)
First-Hand Insights and Q & A with Senior OFAC Officials:
- Jonathan Thomas, Chief, Regulated Industries Oversight & Evaluation
- Alexandre Manfull, Chief, Blocked Assets Administration and Analysis
- Lorraine B. Lawlor, Chief of Compliance Outreach
- Michael Geffroy, Assistant Director for Enforcement
- Dennis Wood, Assistant Director, Sanctions Compliance & Evaluation
- Andrea Gacki, Assistant Director for Licensing
Hear from the State Department on CISADA and Other Policy Updates:
- Linda Specht, Director, Office of Terrorism Finance and Economic Sanctions Policy, U.S. Department of State
New 2012 Speakers from DOJ, Federal Reserve Bank of New York, OCC and The New York County District Attorney’s Office:
- Sean O’Malley, Vice President and Deputy Chief Investigator for Enforcement, Federal Reserve Bank of New York
- Steven W. Pelak, National Export Coordinator, U.S. Department of Justice
- Adam Kaufmann, Executive Assistant District Attorney, Chief of the Investigation Division, The New York County District Attorney’s Office
- Indira Crum, BSA/AML Compliance Specialist, Office of the Comptroller of the Currency
- Beverly Jules, Supervising Examiner, Federal Reserve Bank of New York
Fire and Casualty Claims and Litigation
March 15th, 2012
in Insurance & Reinsurance, Litigation |
Latest version of NFPA 921’s negative corpus rule….changes, updates and amendments to NFPA 921….fraud and arson…..selection and credentialing of cause and origin experts…..exclusionary causes….costly preliminary investigations….electrical damages… fire loss…product defect…..construction defect….the list goes on and on.
Recent developments to the NFPA standards and regulations have changed the fire & casualty claims and litigation landscape. Now more than ever, attorneys need to be up to date with changes and amendments to NFPA 921. ACI’s lauded Fire & Casualty Claims and Litigation Conference, through its leading panel of origin and cause experts, will keep you apprised of the nuances and complexities of NFPA standards and regulations and answer the key questions of how will the negative corpus rule preclude a cause and origin investigation based on elimination and what credentials must cause and origin experts have in order to successful defend against aDaubert challenge.
To complicate matters further, often the first responders to a scene will fail to properly preserve evidence resulting in evidence spoliation. This conference will help you identify the unique issues as they relate to a fire scene (including how to identify a red herring when a critical piece of evidence is removed), establish a valid defense of lack of notice as a subrogation defendant, and draft a motion to exclude evidence and request instructions when exclusions are denied.
This is the premier Fire & Casualty summit that will shape the future of the industry’s claims and litigation strategies for leading litigators and in house professionals. This event is a must-attend event for cause and origin experts, insurance professionals and outside counsel involved with fire & casualty claims & litigation cases. You will not want to miss this unparalleled opportunity to obtain up-to-the-minute information and critical advice from the nation’s leading scientific and legal experts.
Fraud and Abuse in the Sale and Marketing of Drugs
March 14th, 2012
in Advertising & Marketing, Pharmaceuticals / Biotech / Life Sciences |
Attend the one event that has shaped compliance programs combating fraud and abuse for nearly a decade. The numbers are staggering. The threat of individual liability looms ever larger with recent prosecutions making headlines. These and numerous other developments have conspired to create a period of unprecedented turbulence and uncertainty for counsel and executives charged with preventing and defending against accusations of fraud and abuse in pharmaceutical drug sales and marketing. Between ever-larger recoveries made under the False Claims Act, continued prosecution and exclusion of executives through the Park Doctrine, and increasingly contradictory court opinions on off-label drug marketing, it is more important than ever to receive expert guidance to traverse an increasingly vague regulatory landscape.
American Conference Institute’s 12th National Forum on Fraud and Abuse in Sale and Marketing of Drugs is the industry-leading conference uniting respected practitioners, top prosecutors, and leading in-house counsel and compliance executives. Featuring in-depth analysis of landmark cases involving individual liability for executives and in-house counsel, detailed discussions of the Foreign Corrupt Practices Act, useful guidance on the new aggregate spend reporting requirements, and analysis of critical federal appellate and Supreme Court opinions, this event will leave you with a specific plan of action for combating fraud allegations and put you in position to help your company or clients thrive.
Take advantage of an unparalleled networking opportunity
Food & Beverage Marketing & Advertising
March 13th, 2012
in Advertising & Marketing, Food and Beverage, Regulatory & Compliance |
In light of recent regulatory efforts and continuing private litigation, ACI’s annual Food & Beverage Marketing & Advertising Summit provides a prime opportunity for marketing and advertising attorneys who practice within the food and beverage industry to gain specific advice on how to structure, implement and maintain regulatory-compliant and litigation-proof marketing and advertising practices.
Active enforcement by the FTC and FDA coupled with looming pendency over the highly-contested proposals on food marketing to children and continuing uncertainty over front-of-package labeling are only a few of the issues currently confronting the food and beverage industry on the marketing and advertising front. In light of these issues, it is crucial that counsel remain up to speed regarding current enforcement trends and industry practices specifically within the food and beverage industry. Take advantage of this opportunity to benchmark and strategize with your peers as you pose your most pressing questions directly to the government and key industry leaders, including:
- James Kohm, Division of Enforcement, Bureau of Consumer Protection, FTC
- Richard Cleland, Division of Advertising Practices, Bureau of Consumer Protection, FTC
- Devin Domond, Division of Advertising Practices, Bureau of Consumer Protection, FTC
- Phyllis Marcus, Division of Enforcement, Bureau of Consumer Protection, FTC
- Kathleen Lewis, Division of Enforcement, Office of Compliance, CFSAN, FDA
- Vincent de Jesus, Office of Nutrition Labeling and Dietary Supplements, CFSAN, FDA
- Jennifer Seymour, Division of Nutrition, Physical Activity, and Obesity, CDC
- Elaine D. Kolish, Vice President & Director, CFBAI
- Wayne Keeley, Vice President & Director, CARU
- Robert C. Post, Center for Nutrition Policy and Promotion, USDA
- Genie Barton, VP & Director, Online Behavioral Advertising & Mobile Marketing, BBB
- Kat Dunnigan, Staff Attorney, NAD
- Mary Sophos, Executive Vice President for Policy and Strategic Planning, GMA
IT Management of Export Controls
March 12th, 2012
in Telecoms & Technology |
Back by popular demand, this unique one-day seminar will provide your IT and compliance teams with best practices for maximizing IT expertise and resources, as well as automated licensing, screening and recordkeeping solutions to strengthen your company’s export compliance program. Amid heightened U.S. export agency requirements for IT controls,leading IT executives will provide you with first-hand practical insights on how to enhance the protection of ITAR and EAR-controlled data, and control the IT access of foreign national employees and third parties in Web 2.0.
You will also take away invaluable guidance on how your export compliance and IT departments can work together to implement a successful, cost-effective compliance strategy, including how to properly vet and select IT vendors and automated solutions.
Topics will include:
- Maximizing Coordination between Export Compliance and IT Departments to Support Global Export Compliance: Standardizing Your Approach to Technology Controls and Data Collection
- Automating Your Export Operations: Measuring the Capabilities of Vendor Solutions to Address Critical Export Compliance Risks
- Implementing Laptop, Server and Email Controls to Protect Export-Controlled Data: Overcoming Challenges related to Employee Travel and Data Storage
- Limiting Virtual Access of Foreign National Employees and Third Parties in Web 2.0: Using Shared Networks and Collaborative Platforms to Reduce Security Risks
- Rolling Out an Integrated Approach to IT Compliance: Overcoming Network and Application Challenges to Successful Program Management
- Electronic Recordkeeping: Logging, Maintaining and Retrieving Technical Data Export Records
- Outsourcing Helpdesk, Third Level Support, R & D and Software Development: Managing Unique, Heightened Risks of Unauthorized Technology Transfers
- Leveraging the Forensic Capabilities of Your IT Systems for Effective Internal Audits and Investigations
