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ACI’s 28th National Conference on the Foreign Corrupt Practices Act

October 3rd, 2012
in Anti-Corruption / FCPA, Ethics Credits, Legal Conferences |

When: Thursday, November 15 to Friday, November 16, 2012

Where: Gaylord National Resort & Conference Center, Washington, DC, USA

Join hundreds of in-house counsel, ethics & compliance executives, forensic accountants, FCPA, securities and corporate governance attorneys from around the globe for ACI’s 28th National Conference on the Foreign Corrupt Practices Act.

The 2012 program will feature the following NEW interactive discussions and case study panels:

  • What Not to Do and Lessons Learned from the Most Costly FCPA Compliance Mistakes
  • Friend or Foe? How to Survive an FCPA monitorship
  • Creating a Home for the Whistleblower in a Bounty Hunter
  • How to Effectively Communicate with the Board and Ensure Board Buy-in and Support of Your FCPA Compliance Program
  • Navigating Diverging Client Interests during an FCPA Government investigation
  • Inside the Defense of the Lindsey Manufacturing, Africa Sting and O’Shea Prosecutions

Hear from Senior U.S. DOJ and SEC Officials on:

  • USDOJ Guidance on the FCPA
  • SEC “Neither-Admit-Nor-Deny” Settlement Policy
  • The Key FCPA Cases of 2012 and Current Enforcement Priorities
  • Where Companies Go Wrong on FCPA Compliance
  • Trip Wires in FCPA Internal Investigations
  • Response to Whistleblower Allegations
  • Disclosure, Cooperation and Global Compliance Expectations
  • What Effective FCPA Books and Records Should Look Like

 

ACI’s Legal, Regulatory and Compliance Forum on Over the Counter Drugs

September 2nd, 2012
in Healthcare, Legal Conferences, Pharmaceuticals / Biotech / Life Sciences |

 When: Thursday, October 18 to Friday, October 19, 2012

Where: The Carlton Hotel, New York, NY, USA

Prepare to meet the anticipated challenges of ‘OTC drugs with conditions of safe use’ as you master existing legal and regulatory protocols for non-prescription pharmaceutical products.

FDA’s proposed introduction of a new paradigm for ‘OTC drugs with conditions of safe use’ (which some industry observers have referred to as a third class of drug product or ‘behind the counter’/ ‘BTC’ products ) will put a new twist on existing legal and regulatory protocols and product commercialization in the OTC space.  Self-diagnosis and self-care, two basic tenants of the current OTC paradigm may be supplemented with the assistance of a pharmacist and rapid diagnosis testing, thus leading to a multitude of questions ranging from scope of FDA authority to potential liabilities.

To help you make sense of this new proposal and its potential impact on existing legal and regulatory structures in the OTC environment, ACI has developed the Legal, Regulatory and Compliance Forum on Over the Counter Drugs. Over two dozen legal and regulatory OTC experts from such leading companies as GlaxoSmithKline Consumer Healthcare; Merck & Co., Inc.; Novartis Consumer Health, Inc.; Perrigo Company; and Pfizer will present at this unique industry event.  This distinguished faculty will address existing and anticipated challenges affecting such core OTC functions as:

  • Advertising and promotion
  • Labeling
  • Trademarks, trade names and line extensions
  • The modernization of the monograph system
  • Rx to OTC switches
  • AER protocols
  • gmps
  • Recalls and remediation strategies

Additionally, key FDA and USP representatives will present at this event on such critical and industry game changing matters as:

  • The Ramifications of FDA’s Proposed New Paradigm for OTC Drugs with Conditions of Safe Use
  • Nicholas E. Beshara, Associate Chief Counsel, Office of the Chief Counsel
    United States Food & Drug Administration
  • Trends in Recent OTC Enforcement Actions and Litigation:Lessons Learned for Risk Mitigation and Compliance
  • Eric Blumberg, Litigation Deputy, Office of the Chief Counsel
    United States Food & Drug Administration
  • Modernizing the Monograph System and the OTC Drug Review Process in Light of New OTC Drivers and Technologies
  • Matthew Van Hook, Assistant General Counsel, Compendial Sciences
    The United States Pharmacopeial Convention

 

ACI’s 6th National Forum on Prepaid Card Compliance

August 31st, 2012
in Financial Services, Legal Conferences, Regulatory & Compliance |

 When: Thursday, October 11 to Friday, October 12, 2012

Where: Westin San Francisco Market Street, San Francisco, CA, USA

You know what’s swirling in the industry: “All consumers need, and deserve, products which are safe and whose costs and risks are clear upfront. Yet right now prepaid cards have far fewer regulatory protections than bank accounts or debit or credit cards. That’s why we are launching a rulemaking to promote safety and transparency in this emerging market.” – CFPB Director Richard Cordray

In response, ACI’s 6th National Prepaid Card Compliance Summit, run for the first time on the west coast, will bring together industry experts from around the nation to examine the prepaid industry’s most pressing legal, compliance, and regulatory concerns.

In attendance already include:

CFPB • DOJ • FDIC • FinCEN • OFAC • TFFC • American Express • Bancorp • Blackhawk Network • Visa • Wells Fargo • Western Union • Fiserv • Galileo Processing • Green Dot • MasterCard • MetaBank • Netspend • Plastic Jungle • Brightwell Payments • NBPCA • Obopay • Consumers Union • Illinois DCEO • Ala. Securities Commission • CSBS • Former Wash. State DFI

Join your colleagues and clients and receive critical updates and expert insights on:

  • The evolving regulatory paradigm: New initiatives from the federal regulators coupled with mounting pressure from the states
  • Continued guidance on FinCEN’s Prepaid Access Rule: evaluating the impact of the rule and implementing new initiatives to ensure compliance
  • The CFPB and prepaid cards: Evaluating the jurisdictional parameters and authority of the bureau, the final rule on International Remittance Transfers, advance notice of proposed rulemaking and new procedural rules for nonbank supervision
  • The Durbin Amendment: applicability, exemptions, impact and looking ahead to future implications
  • Developing, implementing, and maintaining AML compliance programs in the prepaid context
  • Evaluating your current fraud deterrence program in light of recent fraud risk, including diversion of government benefits
  • The new “A” in UDAAP, privacy, third-party relationships and marketing: regulatory and compliance considerations for prepaid cards
  • International prepaid card compliance landscape: the regulatory and business environments in key markets abroad, lessons learned for the U.S. market, and strategies for ensuring compliance with evolving global regulations
  • Remote deposit capture and reloading
  • And much more

Brazil Summit on Customs & Import Compliance

April 22nd, 2012
in International Trade & Defense |

A Groundbreaking Conference Designed to Address the Unique Challenges of Importing into Brazil. Join an elite group of Trade Executives and learn from your peers how to Minimize Duties and Resolve Complex Brazil Customs Challenges.

Following the tremendous success of its flagship trade compliance conferences in the United States, Europe and Asia, American Conference Institute is pleased to introduce its inaugural Brazil Summit on Customs & Import Compliance, a groundbreaking international conference addressing the complex customs compliance challenges in Brazil.

In the last year, the Brazilian Government has made several changes to customs regulations and duties, and quadrupled the number of investigators in the Ministry of Development, Industry and Foreign Trade. Customs inspections, origin investigations and valuation disputes are all increasing in frequency and make it imperative for multinationals importing into Brazil to revisit their import compliance strategy. In order to succeed in this evolving regulatory and heightened import enforcement environment, multinationals must stay ahead of the latest Brazil Customs requirements and build a robust compliance program that is effective on the ground. Failure to act is otherwise likely to result in border delays, stiff penalties and missed production and delivery deadlines.

This unique and insightful conference is designed to provide Brazil trade compliance executives with practical import compliance and duty saving strategies. Program highlights include:

An In-Depth Look at Customs Compliance Programs for Brazil:

Benefit from a practical discussion on the core components of an effective customs compliance program for Brazil imports. Learn how to customize your reporting structure, compliance processes, internal controls and training strategies to address the unique risks of your business.

An Unprecedented Opportunity to Benchmark with your Peers at:

Tyco, Nike, Weatherford, ABB, Nestle, Novartis, Baker Hughes, Cisco, Bayer, LATAM Airlines, DuPont, PepsiCo, Microsoft, Hershey and Covidien.

The View from Customs HQ:

Hear what HQ perceives to be an effective compliance program and learn how global trade compliance professionals coordinate trade compliance and foster uniformity in a global organization.

DRUG AND MEDICAL DEVICE ON TRIAL: How judges interpret and analyze evidence/arguments.

June 24th, 2008
in Healthcare, Litigation, Pharmaceuticals / Biotech / Life Sciences, Regulatory & Compliance |

Even the most seasoned drug and device lawyers practice mock trials to improve their advocacy and litigation skills. Why would you want to do this? Several reasons are:

• IDENTIFY the right (and wrong) jurors during voir dire

• MAXIMIZE the ability to reach jurors during opening and closing statements

• RECONCILE research findings through cross-examination of the plaintiff; prescribing/treating physician; and the plaintiff’s epidemiologist, regulatory/FDA expert, and pharmacologist

• COMMUNICATE causation and scientific data to a jury through direct examination of the company witness; in-house scientist; company regulatory professional; and the defense epidemiologist, FDA expert, and pharmacology expert

It does not end there. Recent drug and device products liability verdicts are staggering. Maximizing your ability to reach and persuade jurors
who think the industry is untrustworthy is crucial to success. Benchmark your advocacy strategies and tactics at the ultimate interactive trial skills and jury communication event with American Conference Institute‘s Drug and Medical Device Litigation.

Eliminating the risk and cost of a trial in a drug or medical device products liability case, whether by motion to dismiss or summary judgment, is the goal. However, sometimes this is not possible; sometimes fighting it out at trial is the only recourse. At trial you don’t know the results until the jury speaks and they have spoken loudly in the past 18-24 months, delivering verdicts of $134 million, $51 million, $32 million, and $13 million. It’s no secret that these verdicts have a significant impact on a company’s bottom line. And as plaintiff attorneys use sympathetic plaintiffs, media bias, and poor juror perception of the drug and device industries to their advantage in high-risk and costly products liability trials, there’s no room for error in the courtroom.

ACI, creators of Drug and Medical Device Litigation, the annual December conference that has been the industry’s premier products liability litigation event for 13 years, once again brings you its summer advocacy companion: 2nd Annual Drug and Medical Device On Trial, the ultimate trial skills and jury communication event for pharmaceutical and medical device manufacturers and their counsel. Drawn from one central adverse event fact pattern (see page 6-7 infra), this event will feature top defense litigators who are in the trenches making news and setting precedents demonstrating and offering novel jury communication strategies on the most challenging aspects of drug and device products liability trials, including:
• jury selection
• opening and closing statements
• cross-examination of the plaintiff; prescribing/treating physician; and the plaintiff’s epidemiologist, regulatory/FDA expert,
and pharmacologist
• direct examination of the company witness; in-house scientist; company regulatory professional; and the defense
epidemiologist, FDA expert, and pharmacology expert

Legal Conferences

Reinsurance Regulation: Adapting to Emerging Regulatory Frameworks in a Global Market

June 19th, 2008
in Insurance & Reinsurance, Regulatory & Compliance |

June 19-20, 2008 |The Carlton on Madison Avenue | New York City

The reinsurance industry has become a global marketplace and regulatory
frameworks are beginning to reflect this fact. Insurance and reinsurance
companies are going to be heavily impacted by new regulations in the coming years, whether they take the form of modified collateral requirements and the movement towards a unified regulatory system in the US, or the Reinsurance Directive and Solvency II in the EU. Further, in order to capitalize on new and vibrant reinsurance markets, it is imperative that reinsurance professionals have a thorough understanding of the emerging regulatory systems in Asia and Latin America.

Key points for success:

• Adapt to changing collateral requirements
• Anticipate and prepare for a unified US regulatory system and the
impact it will have on the reinsurance industry in the US and abroad
• Operate effectively under the new EU reinsurance paradigm
• Implement new risk management procedures in order
to ensure regulatory compliance
• Understand how emerging regulations will impact run-off operations
• Comply with regulations governing the convergence
of capital markets and reinsurance

ACI’s Advanced Forum on Reinsurance Regulation will provide you with
the expert insights and strategic advice that you need to navigate the hurdles
and take advantage of the opportunities provided by these evolving regulatory regimes.

Take advantage of this opportunity to network with reinsurance industry
experts while gaining the knowledge and insights that you need in order to
navigate the evolving regulatory landscape. This must-attend event will fill up quickly, so register today

Legal Conferences

Regulatory Summit For Advertisers and Marketers

June 17th, 2008
in Advertising & Marketing |

June 17-18, 2008 • The Latham Hotel Georgetown • Washington DC

Industry insights straight from the enforcers

Top regulators and industry leaders tell you what they’re focusing on now and what they expect for optimum compliance:

Mary K. Engle
Associate Director
Division of Advertising Practices
Federal Trade Commission

Lesley A. Fair
Senior Attorney
Bureau of Consumer Protection
Federal Trade Commission

Andrea C. Levine
Director, National Advertising Division
Senior Vice President, CBBB

Peter C. Marinello
Director, Electronic Retailing
Self-Regulatory Program
National Advertising Review Council

R. Glenn Yabuno
San Bernadino County District
Attorneys Office

Companies that advertise goods and services can find themselves subject to
government investigations and millions of dollars in fines and penalties for
violating federal and state regulations. This applies especially to companies that target children with their advertisements, make results claims about their products or are currently mounting green initiatives. Regulatory bodies such as the FTC, FCC, and state consumer enforcement divisions are turning a critical eye toward potential violations and violators.

The best means of avoiding these disastrous results is to know exactly which
advertising and marketing practices are on the government’s radar screens and how you are expected to comply with new and existing regulations

The expansion of behavioral and viral marketing and inception of new social
networking sites, high-tech branding efforts, and interactive brand integration have created new areas of liability overnight. Additionally, wireless communications is an ever growing medium that falls under the purview of several federal regulatory agencies; however, understanding the FTC’s willingness, ability and current activity in this area of regulation is critical for anyone engaging in wireless advertising efforts.

Whether you have attended American Conference Institute’s Advertisers’ &
Marketers’ Regulatory Summit before or if this will be your first ACI
conference, you are sure to benefit from our updated, highly constructive and valuable panels. As always, this program is specially tailored to offer the very best of hands-on sessions and materials that you can apply directly to your practice. This year, we are introducing new faculty members from well-recognized positions within the regulatory agencies and industry critical self regulatory bodies as well as key advertisers and advertising companies, who are poised to bring you fresh perspectives on developments in:

• Judging the importance FTC’s recent settlements and key holdings
• Advanced procedures in building compliance systems
• Preventing unnecessary liabilities thought advanced claim substantiation
• Managing the complexities presented by national advertising campaigns
• Improving the quality and value of communications between your clients
and regulatory agencies

You can also add value to your attendance by taking advantage of our interactive workshop Unlocking the Complexities of the Doctrine of Substantiation. Register now to ensure your place at what is sure to be a sold-out event!

Legal Conferences

American Conference Institute’s Dietary Supplements, Nutraceuticals and Functional Foods

June 9th, 2008
in Advertising & Marketing |

June 9-10, 2008 | The Carlton | New York, NY

Gain industry insights into how to:
• Update or establish a compliance protocol for implementing
the requirements of the new GMP rule
• Revise your procedures for receiving, reporting, and maintaining
information on adverse events
• Market your product in a manner that will withstand regulatory
scrutiny while also protecting your brand and trademarks
• Utilize clinical research and scientific evidence to substantiate
product claims
• Insulate your company from liability when manufacturing, importing,
and selling products in international markets

Dietary supplement and food regulation has exploded over the last year.
In response to public and Congressional outcries for an active regulatory scheme to address the overall safety of dietary supplements and functional foods, the FDA responded in 2007 with the Dietary Supplement and Nonprescription Drug Consumer Protection Act. Since the passage of the Act, the government has issued several guidances to industry over the past year clarifying the newly-imposed requirements for GMPs and adverse event reporting.

Revisit compliance programs in light of new regulatory requirements

Outlining progressive deadlines for companies of various sizes, the final GMP rule requires companies to completely re-evaluate their manufacturing practices for safety and efficiency. Additionally, as companies begin to grasp the effect of the new adverse event reporting and recordkeeping requirements, dietary supplement manufacturers, packers, distributors, and retailers must completely re-assess their business practices to ensure
procedures are in place at all levels for properly handling and reporting adverse events.

Brace for FDA and FTC monitoring of labeling and marketing practices

Faced with enforcement not only from the FDA, but also from the FTC, companies should also be revisiting product labeling and marketing procedures to ensure proper substantiation is provided for the use of particular health claims on dietary supplement, functional food and nutraceutical products. The FTC has earmarked the dietary supplement industry as an area of concern for the agency. As such, companies should
be re-evaluating their current practices and procedures to avoid a product being taken off the market.

Learn from your peers and benchmark your strategies against industry standards

Understanding what the concerns are of each agency and how your company can establish a viable compliance program are paramount to keeping your product on the market and out of the regulatory crosshairs. Before you finalize your compliance protocol, join us at the American Conference Institute’s 2nd Annual In-House Counsel Forum on Manufacturing, Marketing and Distributing Dietary Supplements, Nutraceuticals and Functional Foods Conference as our expert faculty provides you with
the most up-to-date and efficient strategies for meeting the needs of the current regulatory environment in your industry.

Take advantage of this unique opportunity to hear directly from the FTC
and the National Advertising Division on these issues, while also learning
from your peers. Register now to join us as at this timely event as we
provide you with solutions to the most pressing regulatory and legal
concerns of companies involved with the manufacture, distribution,
packing, or labeling of dietary supplements, nutraceuticals or functional
foods. Also, add value to your attendance by joining us at the
post-conference Master Class on Best Practices for Proving
Substantiation of Claims in Product Marketing, Advertising and
Labeling.

Legal Conferences

Join us at ACI’s 21st Corporate Counsel Forum on Advertising Law

May 28th, 2008
in Advertising & Marketing, Litigation, Regulatory & Compliance |

-Featuring the latest developments in progressive,
innovative, and aggressive advertising on a global scale
-Staying on top of legal and regulatory trends
in social networking and user generated content
-The MOST practical, take-away advice from
attorneys and executives on the front lines

At ACI’s 21st Corporate Counsel Forum on Advertising Law, you are bound to run into top attorneys and business executives from revolutionary brands at every turn. The unparalleled networking opportunities alone are enough to provide you with an invaluable experience—but it’s the panelists, what they will discuss, and your access to them that makes all the difference.

When was the last time you were face to face with corporate counsel on the cutting edge of media and wireless technology such as Boost Mobile, Current TV, DIRECTV, Sony Pictures, and Warner Home Entertainment? Have you ever had the opportunity to share lunch or cocktails with top brands such as Coca-Cola, McDonald’s, Wal-Mart, Gateway, Guitar Center, Home Depot, J.M. Smucker, Pepsi, and Toyota?

NOW IS YOUR CHANCE!

As you know, at ACI we spend months doing research, surveying our delegates and people practicing in the advertising industry to uncover exactly what you need to enhance your overall experience at the conference. We’ve devised a series of panels based on the topics that affect your daily practice, and designed them in such a way that will offer the most practical, hands-on skills.

In our team’s research, you told us that you want better networking opportunities and more in-house counsel for top brands. You also want practical discussions on user generated contests, social networking, and online  sweepstakes. As you look through the following pages, you’ll see all of this and more. Never before has such an incredible faculty been brought together under one roof, and we’ve gone to great lengths to ensure that you benefit from all this conference has to offer. Hear how marketing trends such as adware and spyware are prompting regulators and lawmakers to take a closer look at consumer protection, and learn how to use these tools effectively without triggering government scrutiny. Hear true examples of how top in-house counsel have dealt with the exact situations you see at your companies–particularly in the areas of user generated content, sweepstakes and promotions, and talent/endorsement deals.

After you’ve had a chance to experience the series of panels on the topics you encounter daily, be sure to attend our interactive workshop, Intensive Study on User Generated Content and Promotions – Incorporating all aspects of your role as an advertising lawyer in the 21st century, where you will have the opportunity to simulate an interactive marketing plan, complete with its own user generated contest, from inception to execution.


Legal Conferences

E-Commerce: Legal strategies for doing business online in a global environment

April 23rd, 2008
in Advertising & Marketing, Intellectual Property, Regulatory & Compliance |

The way that businesses operate on the web is undergoing serious changes that affect all aspects of your company.

In November of 2007, the FTC held their first workshop on behavioral
marketing, in response to consumer groups urging that techniques such as
adware and spyware were a violation of consumer privacy. Whether or not the FTC decides to regulate this area, online business practices are undergoing a revolution, and it’s time you join in.

With the onslaught of changes in global and domestic privacy laws, e-mail
and text message marketing, it is more necessary than ever to keep abreast of
government trends and legal developments.

In an age where the database is king, the right people within the company must know how to manage it, and ensure utmost compliance with all laws and
regulations while doing so. The responsibility of making sure that they’re doing it right ultimately falls on you.

ACI has carefully tailored this high-level program to meet the needs of
businesses that operate online, and across the globe. With a series of targeted
discussions ranging from corporate blogging to e-mail and wireless marketing, our E-Summit promises to be a veritable who’s who and how to for anyone operating in the online space.

Brainstorm and compare strategies with industry leaders as to how to:
■ IMPLEMENT and MONITOR effective corporate blogging polices
ENSURE compliance with relevant laws and regulations when initiating wireless marketing campaigns
■ AVOID the pitfalls associated with multi-jurisdictional e-mail marketing campaigns
■ ACHIEVE global privacy compliance and keep abreast of key state, federal, and international laws
■ PROTECT intellectual property on existing and new online platforms

Pre-Conference Workshop

Thinking Outside the Web: Building an online marketing campaign from the ground up, flagging regulatory and legal traps along the way.

Liisa Thomas
Partner
Winston Strawn LLP (Chicago, IL)

Do you spend a lot of time wondering what the business team was
thinking when they put a certain campaign together? This is your
opportunity to step into their shoes. Spend some time in the life of a
web designer, a marketer, or even your CEO, and anticipate the legal
and regulatory
red flags that will inevitably arise when trying to reach a
large number of potential and existing consumers online.

In this unique workshop, you will see how campaigns are developed on
a mock website, and be part of the strategic discussions and decisionmaking
process that occur at the inception of different types of marketing plans. Take a close look at what happens before, during, and after a plan is set into action, and develop new techniques to take back to your offices.

Legal Conferences

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