19th Annual New York Conference on the Foreign Corrupt Practices Act

Opening Remarks from the Co-Chairs

KEYNOTE ADDRESS

The State of the Union: FCPA Enforcement in a Trump Administration

At this interactive session, legal experts will discuss the anticipated direction of FCPA enforcement and transition under the new Administration. Faculty members will also provide best practices for positioning your organization to weather newfound and evolving risk factors. Audience participation is encouraged, so please bring your questions.

Networking Break

Special Focus on Corruption Enforcement in New York

Current and former enforcement officials will discuss recent trends and developments affecting industry in the Tri-State Area. Topics will include:

• Enforcement trends and priorities, and cooperation between the DOJ and SEC
• What has triggered suspicion and investigations
• Key industries that have been the subject of an enforcement action
• Contrasting enforcement in the Greater New York Metropolitan Area with national trends

Compliance Strategy Session: Managing the Relationship of ABC with Fraud, AML and Financial Crime Compliance

• How financial institutions are weighing and managing interrelated risk factors
• Upgrading your global compliance strategy to confront evolving legal and compliance challenges
• Industry perspectives on the most pressing risks confronting the financial community
• How recent, big ticket FCPA settlements have affected industry compliance efforts
• Special considerations for the private equity sector

Networking Luncheon

Mock Whistleblower Interview and Response Strategy Session

Part I – Mock Whistleblower Interview   The first part of this session will take you through the anatomy of a whistleblower interview, successful techniques, as well as common mistakes and pitfalls that can undermine an effective strategy. Part II – Updates, Real-Life Examples and Strategic Guidance  

• How to handle whistleblowers that come internally or from the government
• Setting up multiple channels for employees to report wrongdoing
• How to question your employees without exposing the fact that an issue could exist
• Knowing which steps to take immediately once a claim has been made
• How to investigate and respond to whistleblower claims vs. “anonymous” reports

Employee Hiring and the FCPA: How Industry Has Been Strengthening HR Policies and Screening Procedures Post-“Princeling” and Other Key Developments

• What recent enforcement actions indicate about potential FCPA enforcement risks
• When employing relatives of senior government officials could be considered a “benefit” by the agencies
• What to look for and ask at the employee recruitment and selection phases
• Implementing effective employee training and internal controls
• What to do if you detect an issue after hiring the individual

Networking Break

Dealing with Sovereign Wealth Funds and Other Foreign Investors: Unique and Heightened FCPA Considerations Affecting Your Business

New for the 2017 program, benefit from expert insights on how to address unique risk factors and implement lessons learned from recent enforcement trends. Faculty members will also provide practical guidance on how to update your global program to meet government expectations.

Corruption Risks Outside of the FCPA Post-FIFA: Mitigating Commercial Bribery and Related Risks Posed by Your Business Model

• How U.S. Prosecutors are applying other RICO and other statutes for enforcement purposes
• Compliance enhancements to address commercial bribery risks
• Lessons learned from FIFA on the use of other U.S. statutes to prosecute corruption
• How anti-corruption departments are interfacing with the government relations group to address domestic bribery risks
• Managing pay-to-play issues
• How industry is mitigating commercial bribery risk factors
• How the UK is investigating suspected commercial bribery violations
• Recent trends in SFO enforcement and lessons learned

Conference Adjourns

Networking Cocktail hosted by:

Co-Chairs’ Opening Remarks

INTERVIEW AND Q & A WITH THE SEC: A Dialogue on Internal Controls, FCPA Compliance and Enforcement Developments

The New Landscape of Corporate and Individual Liability Risks: What is Keeping Industry Up at Night and How to Update Your Mitigation Strategy

At this highly anticipated session, expert faculty members will offer first-hand insights on the most significant FCPA and related risk factors coming across their desks. Learn how they are approaching both individual and corporate liability risks and updating their strategies in response to a new U.S. Administration and evolving landscape.

Networking Break

Entering, Operating and Exiting High Risk Jurisdictions: Best Practices for Managing Legal, Political and Security Risks Affecting Anti-Corruption Executives and Their Teams

• Which jurisdictions have presented especially complex risks and challenges for industry
• How to prepare and manage team members who are based in high risk jurisdictions
• Unanticipated challenges that can arise in the context of conducting business
• Special considerations for exiting high risk jurisdictions
• Concrete examples of managing the interplay of legal, security and political risks

Networking Luncheon

Financial and Underwriting Transactions: New, Special Considerations for Vetting Corruption Risks in the Banking and Insurance Contexts

• What recent enforcement actions reveal about new, evolving industry-specific risks
• Where industry has gone right (and wrong) in their approach to vetting corruption risks
• Which transactions can be the most susceptible to heightened risk and government scrutiny
• How much due diligence is enough to mitigate risk

Moot Court: An Interactive Debate on Highly Contentious FCPA Issues

In New York for the first time, this highly anticipated Moot Court will address two of the biggest sources of contention with respect to the FCPA. Hear from defense counsel and former prosecutors, who will utilize real-life hypotheticals depicting an appellate argument.

Looking Ahead: EDNY and SDNY Prosecutors Alumni Panel

Gain valuable perspectives from former SDNY and EDNY decision-makers on the enforcement landscape, recent trends and unique risk factors for key industries. Topics will include:

• What recent developments suggest about the enforcement landscape moving forward
• How EDNY and SDNY have been approaching investigations and settlements
• Contrasting SDNY and EDNY enforcement actions and lessons learned

Conference Concludes