The Great Debate

To Disclose or Not to Disclose?: Leading FCPA Practitioners Debate the Pros and Cons of a Voluntary Self-Disclosure

December 4, 2024 11:45am

Christopher Cestaro
Partner
WilmerHale

Una Dean
Vice President, Assistant General Counsel, Head of Global Investigations
IBM

Daniel Kahn
Partner
Davis, Polk & Wardwell LLP

David A. Last
Partner
Cleary Gottlieb

Laura Perkins

Laura Perkins
Partner
Cadwalader, Wickersham & Taft LLP

In this interactive session, a panel of former DOJ officials will present a real-world, hypothetical scenario which sets the stage for a debate around whether a voluntary disclosure of corporate misconduct should be made — or not. Audience members will select the winning team using anonymous electronic polling.

  • The DOJ’s Voluntary Self-Disclosure Pilot Program and the criteria for obtaining a DPA or NPA
  • The grey areas of the “prompt reporting” requirement
  • The likelihood and possible extent of cooperation credit
  • Potential for disgorgement
  • Remediation considerations