FCPA Boot Camp: A Complete, Practical Review of Key Requirements, Cases and Enforcement Trends Affecting Global Business
Nov 27, 2018 9:30am – 1:00pm
Expert faculty members will take a deep dive into the nuts and bolts of the FCPA, and key enforcement matters toward laying the groundwork for the rest of the conference. Participants will benefit from a solid foundation, smaller-group learning, enhanced Q & A and helpful reference materials for their daily work after the event.
Topics will include:
- Who is covered by the FCPA
- Foreign Private Issuers (FPI) – who qualifies?
- Foreign subsidiaries, joint venture partners?
- What is the extraterritorial reach of the FCPA?
- What are the implications for employees, executives and board members?
- Key enforcement agencies, their roles and jurisdictions
- A close look at new, heightened risks affecting organizations and their employees:
- criminal liability
- civil liability
- regulatory actions and shareholder suits
- reputational damage
- whistleblower complaints
- What it means to “pay, offer or promise to pay, or authorize the payment of anything of value to a foreign official in order to influence any
act or decision of the official in order to obtain or retain business”
- Who is a “foreign official” under the FCPA and how to deal with employees of state-owned
- What does “anything of value” mean?
- gifts and entertainment
- charitable and political contributions
- What are the exceptions under the FCPA?
- Facilitating payments: limits on “grease”
- Reasonable and bona fide expenditures
- Third party due diligence and monitoring requirements
- distributors and sub-distributors
- joint venture partners
- customs agents and brokers
- Books and records requirements: Maintaining records that “accurately and fairly” reflect transactions
- How the FCPA has been enforced around the world: Lessons learned from key settlements
World Bank and MDB Enforcement & Cross-Debarment Executive Council
Nov 27, 2018 9:30am – 1:00pm
This exclusive session will bring together senior-level practitioners and executives for an interactive, sophisticated discussion of emerging trends, challenges and best practices. Participants will gain strategic guidance on how to weather intensifying enforcement and newfound debarment risks.
Designed as a worthwhile, smaller-group benchmarking and networking forum, audience members will also benefit from a practical survey of the unique, finer points of managing World Bank and MDB enforcement actions in contrast with DOJ and SEC investigations.
Complex issues to be covered include:
- The changing face of investigations by the World Bank and MDBs: The newest realities and challenges coming across your desks
- Addressing high stakes, pressing issues confronting practitioners tasked with managing investigations
- Contrasting the application of World Bank and MDB guidelines vs. the U.S. Sentencing Guidelines
- The differences between World Bank, MDB vs. DOJ and SEC approaches to investigations
- What it is like to navigate the debarment and appeals processes
- The conditional release process of The World Bank, and other mitigating factors that are considered
- Negotiating with the World Bank and MDBs vs. the DOJ and SEC
- Trends in sanctions and debarments that are being imposed
- Types of rehabilitation conditions that must be met after being debarred
Internal Investigations Program Benchmarking & GDPR Executive Council
Nov 27, 2018 2:30pm – 6:00pm
Designed as an exclusive, “closed door” benchmarking and networking opportunity, senior-level decision-makers will compare their internal investigations programs, and exchange concrete examples of successes and lessons learned. Audience members will also benefit from best practices for resolving pressing issues amid the interplay of GDPR, foreign labor laws, privilege, governance issues and budgetary constraints.
- Addressing the most significant investigative challenges posed by GDPR, including:
- risk of losing helpful, relevant data to the internal investigations
- ramifications of erasing personal data: how to identify patterns of behavior and monitor ongoing issues
- reconciling varying rules by Member State
- impact of GDPR on disciplinary actions
- Implications of GDPR for whistleblowers:
- right to be forgotten
- hurdles to providing retaliation protection
- Managing the impact of foreign labor laws on the scope of internal investigations
- Evolving an investigations program in your company, including reporting structures, and assignment of roles and responsibilities
- Updating standards, manuals, policies, operating procedures for the team
- Budget: How much you need to spend and mitigating the risk of spiraling costs
- Delivering effective training to team members
- When Attorney-Client privilege may not apply
- When to involve outside counsel
- Right-sizing internal investigations: Lessons from recent US DOJ enforcement actions and settlements
- When and when not to investigate new or peripheral red flags
- When to stop: How to know when to conclude the investigation
- Governance issues: What types of matters to report to your Audit Committee and the Board