Breakfast hosted by

Opening Remarks from the Co-Chairs

Rachel Brand
Executive Vice President of Global Governance, Chief Legal Officer, and Corporate Secretary
Walmart
Former Associate Attorney General, U.S. Department of Justice

Chinwe Esimai
Managing Director – Chief Anti-Bribery & Corruption Officer
Citi

Kimberly A. Parker
Partner
WilmerHale

FCPA Year in Review

Charles E. Cain
Chief, FCPA Unit
Division of Enforcement
U.S. Securities and Exchange Commission

Christopher J. Cestaro
Acting Chief, FCPA Unit Fraud Section, Criminal Division
U.S. Department of Justice

Moderator:

Angela T. Burgess
Partner
Davis Polk & Wardwell LLP

PART I: Key Enforcement Takeaways from the Last 12 Months USDOJ and SEC Unit Chiefs will discuss the most impactful developments over the last twelve months, and the changing enforcement landscape.

• Is there a move toward being more “corporate friendly”?
• Prosecutions of individuals under the new DoJ policy
• DoJ and SEC perspectives on trends over the last 12 months: What has triggered a declination vs. 50% off
• How the agencies evaluate “cooperation”: Trends in what meets the threshold and what doesn’t
• When a company’s actions would be deemed sufficient to trigger favorable treatment under the policy vs “aggravating circumstances”: Is there a difference between SEC and DoJ analyses?
• Evaluation of Corporate Compliance Programs: DoJ insights on how to interpret and apply the new guidance
• Monitorships: Expectations of the agencies and application of DoJ’s policy
• Voluntary Disclosures: Is DoJ continuing to see an increase self-disclosures post-Pilot Program?
• Timeframe for resolving cases: Are the agencies moving more quickly?
• Data Analytics and AI: DoJ and SEC perspectives on leveraging and investing in automation/technologies

• Anticipated direction of FCPA enforcement for the upcoming year
• Focus on individual vs. corporate enforcement
• How recent court decisions affect the future of FCPA enforcement, including privilege and disgorgement
• How the SEC and DOJ will coordinate with foreign governments moving forward
• The interplay of GDPR during an investigation

An Ethical Corporate Culture as a Legal, Compliance, Business and Investor Priority: What It Now Takes for Effective Messaging, Training and Program Implementation on Paper vs. Practice

Dianne Ralston
Executive Vice President & Chief Legal Officer
TechnipFMC

Glenn Leon
Senior Vice President and Deputy General Counsel, Chief Ethics & Compliance Officer
Hewlett Packard Enterprise

Reagan R. Demas
Partner
Baker & McKenzie LLP

Moderator:

David N. Kelley
Partner
Dechert LLP

During this highly anticipated session, executives will share their experiences and lessons learned for fostering an ethical corporate culture in the midst of challenging circumstances, including an enforcement action, merger, uncertainty in emerging markets and more.

• Influencing behavior to develop a strong culture of compliance: Important takeaways on what has worked and what has proven ineffective
• Measuring the success and shortcomings of your program, including:
  • What to make of who is using the hotline
  • Effectiveness of using surveys
  • Assessing the tone at the top and in the middle
• The new take on “investor value” and what that means for your efforts to sustain a strong ethical culture: Value built on IP and other assets vs. talent
• What does it mean be “ethical” in real life: Evaluating what is on paper vs. practice
• Interplay of culture and corporate governance:
  • Trends in board of directors’ expectations for culture, and where it sits on their lists of priorities
  • The roles of the board of directors and audit committees
  • Reporting to the board and audit committee on ethical culture

Networking Break

SPECIAL REMARKS

The Assistant Attorney General Speaks on Enforcement Policies & Priorities: FCPA and Beyond

Brian Benczkowski
Assistant Attorney General
Criminal Division
U.S. Department of Justice

How to Defend Your Program to the Agencies: Practitioners Discuss Their Experiences Amid the Latest DoJ Guidance and Increased Global Enforcement

Ronald C. Machen
Partner
WilmerHale

Laura N. Perkins
Partner
Hughes Hubbard & Reed LLP

Ephraim (Fry) Wernick
Partner
Vinson & Elkins LLP

George Prokop
Principal
PwC

Moderator:

Martin Weinstein
Partner
Willkie Farr & Gallagher LLP

This important discussion will navigate critical aspects of how to prepare for meetings with prosecutors and walk them through your program. Expert speakers will impart their experiences with respect to key program elements and improvements, objective data, and best practices for cultivating a positive working relationship. Take the worthwhile opportunity to hear from seasoned practitioners and ask them your questions. Amid new, evolving compliance and enforcement priorities, along with new agency decision-makers, take away important lessons learned and helpful guidance for your organization.

Networking Luncheon &

Women in FCPA & Anti-Corruption Luncheon (by invitation only)

Hosted by:

Special Interview

Rachel Brand
Executive Vice President of Global Governance, Chief Legal Officer, and Corporate Secretary
Walmart
Former Associate Attorney General, U.S. Department of Justice

Moderator:

Alice S. Fisher
Partner
Latham & Watkins LLP

BREAKOUT SESSIONS A

TRACK 1: Legal Think Tank – Disclosure Calculus

The Grey Areas of Self-Disclosure: Unwritten Lessons on If, When and How Much to Disclose in the U.S. and Across Multiple Jurisdictions

During this practical, interactive session, experts will work through a series of hot button, sensitive hypothetical scenarios, and whether or not they would disclose under the circumstances. Participants will be able to compare their approaches and benchmark through discussion and Q & A. Topics will include:

• The DOJ Corporate Enforcement Policy and your disclosure calculus: Are companies benefitting?
• The new calculus of if, when and how much to disclose
• The most important factors that should drive disclosure in light of recent global enforcement developments
• Practical impact of U.S. disclosures on foreign corruption investigations: When a U.S. disclosure can now be used against you by a foreign government
• Balancing disclosure obligations while preserving privilege
• Drafting the disclosure: Best practices

TRACK 2: Compliance Brainstorming Session #1

Behind the Scenes of ABC Program Testing and Metrics: Testimonials on Achieving Success Through the “Roller-Coaster” of Trial and Error

• Metrics to score your global program: How companies are selecting and utilizing key risk indicators to measure success and weak spots
• Measuring the ROI and real-life effectiveness of new initiatives: Navigating the trial and error process as the compliance standard increases
• How to score the success of your compliance program from an implementation standpoint
• Key performance and risk indicators
• Which qualitative and quantitative metrics are being used and how
• How government compliance expectations and big ticket FCPA enforcement actions have affected the use of metrics
• Metrics that have proven useful in the context of measuring compliance upgrades and culture changes
• The effectiveness and shortfalls of certain metrics, such as communications, leadership, HR, innovation, job performance, accountability, mission, values, turnover, compliance spend and representation of compliance staff in the C-Suite

TRACK 3: Latin America

When Someone Else’s Scandal Becomes Yours: What to Do If Your Organization is Directly or Indirectly Caught in the Notebooks and Lava Jato Aftermath

• What to do if your company is directly implicated by “Operation Car Wash” or other scandal (or entangled in another government bribery investigation)
• When your third parties are under suspicion: How multinationals are tackling more regional enforcement, scandals and legislation
• What to do if a third party is under investigation or has been named by a cooperating witness
• When you should terminate the third party relationship and/or turn to law enforcement
• Inside the decision-making process: Key factors affecting your decision to continue/terminate the relationship
• When/how to communicate your concerns to the third party in question
• Strengthening your due diligence and monitoring processes
• Lessons on how to better detect “red flags” before and during a third party relationship
• Contractual risks posed by terminating the relationship

Networking Break

BREAKOUT SESSIONS B

TRACK 1: FCPA Tech

The ROI of Automation, Data Analytics and AI: Is Industry Making Quicker, Better Decisions on Compliance, Data Privacy and Third-Party Management?

• Perspectives on the lengths, limits and cost-benefits of technological innovations
• Concrete examples of extracting and using data for effective decision-making and risk management vs. when a manual review and approval process are still preferable
• The latest automated controls that companies are using to identify suspicious payments and other risk factors
• How to select vendors: Understanding your organization size, risk profile, budget and more
• Evaluating capabilities of solutions and your company’s needs
• How much to spend-and how much is too much?
• Conducting a cost-benefit analysis of available solutions
• Due diligence reports: How to select the right provider for your company
• Crafting your business case to senior management and the Audit Committee: Justifying the cost and value-add
• How to measure ROI
• What data analytics can and cannot do to identify risks
• Mining and interpreting data during compliance monitoring, audits and investigations

TRACK 2: Legal Think Tank

The Expected and Unexpected Impact of U.S. v. Connolly: New Considerations for Handling Internal Investigations, Individual Prosecutions, De-Confliction and Other Government Requests

Introduced by popular demand, leading practitioners will discuss the finer points and aftermath of U.S. v. Connolly, and the implications for internal investigations and enforcement moving forward. The session will specifically focus on the most pressing, high stakes issues confronting industry and outside counsel.

Benefit from a unique opportunity to ask your questions and gain worthwhile strategic insights for confronting new challenges coming across your desk. The discussion will include a special focus on the practical challenges affecting legal practitioners and how they are addressing them.

TRACK 3: CHINA

New Takeaways for Detecting and Mitigating Hidden Legal, Compliance, Geopolitical and Reputational Risks on the Ground

• Interplay of geopolitical tension, the trade war and national security with anti-corruption risk and compliance.
• Contrasting enforcement risks for local vs. multinational companies
• Interacting with government officials: How the key local agencies communicate with companies, and approach regulatory approvals and investigations.
• New, special considerations for onboarding and monitoring third parties in China
• Gifts & Entertainment: How to support your business development, sales and marketing in the wake of China’s Anti-Unfair Competition Law
• China’s Belt and Road Initiative: What it reveals about emerging, growing risk factors for infrastructure projects and across industries in the region.

BREAKOUT SESSIONS C

TRACK 1: “War Stories”

When Your Bad News is Big News: Experts Discuss How They Put Out Simultaneous Legal and PR Fires

Introduced by popular demand, audience members will have an unparalleled opportunity to learn from in-house executives and leading defense counsel, who have been involved in some of the most recent, high profile settlements. Benefit from a worthwhile opportunity to gain helpful takeaways from decision-makers, who have been “in the trenches” and have successfully worked through high stakes issues.

Topics of discussion will include:

• Key PR and legal missteps that can derail your efforts: The lesser known rules of the road
• Untangling “a mess”: What to do in the first 24-48 hours vs. the longer-term
• Developing an effective cross-border strategy in cases of multi-jurisdictional enforcement actions
• Settlement Calculus:
  • Determining if it is preferable to aim for a global settlement or settle with only some authorities/not with others
  • Weighing debarment and other regulatory, industry-specific risks (for ex., financial services and life sciences)
• Concrete examples of the unexpected impact of reputational issues on your business and legal exposure
• How legal can work with their compliance colleagues to develop an effective strategy and response
• The implications of bad news on financing/lending, M & A and other important transactions
• How things have evolved internationally: Measuring the risk of double-dipping across settlements
• Unpredictability of a country’s cooperation with the U.S., and the impact on your approach

TRACK 2: Compliance Brainstorming Session #2

Risk Assessments in Reality: Concrete Examples of “Value-Add” Takeaways for Your Analysis, Global Program, Operations and Business

This practical and popular session will delve into real-world examples of how to strengthen risk assessment practices to better support your organization’s compliance and business objectives.

• Global risk assessments on paper and in reality: How to know if you are identifying the right compliance priorities for tomorrow
• Identifying new, emerging corruption and other key risk factors
• Assessing and weighting risk factors
• Updating risk management practices as the global economic, legal and compliance landscapes evolve
• When your “gut” leads you to doubt what’s on paper
• How risk assessment methodologies have evolved in recent memory-and the verdict on best practices and key pitfalls to avoid moving forward
• New approaches to identifying and measuring new, emerging risk factors
• Updating risk management practices in response to the evolving global economic, legal and compliance landscapes
• Tailoring your approach to industry-specific contexts
• Assessing indirect and residual risk factors
• Trends in anti-corruption and enterprise-wide risk assessments

TRACK 3: Special Industry Groups
(by invitation only)

Technology & Telecom

Energy & Mining

Defense & Aerospace

Life Sciences

Participants from industries that have been under the enforcement microscope will convene in smaller groups to discuss the newest, emerging industry-specific challenges.

Each SIG will be led by in-house decision-makers, along with outside advisors with industry-specific expertise. We invite all in-house participants from the below industries to save their seats before the session fills to capacity.

Networking Cocktail Reception

Hosted by:

Opening Remarks from the Co-Chairs

Special Remarks and Q & A on The Evaluation of Corporate Compliance Programs

Matt Miner
Deputy Assistant Attorney General
U.S. Department of Justice

Moderator:

Mythili Raman
Partner
Covington & Burling LLP

Legal, Compliance and Financial Gatekeepers as Defendants: The Realities of New, Rising Prosecution Risks Confronting Individuals

Greg D. Andres
Partner
Davis Polk & Wardwell LLP

Sarah Coyne
Partner
Weil, Gotshal & Manges LLP

Mark Mendelsohn
Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP

Tai Park
Partner
White & Case LLP

Moderator:

Lucinda A. Low
Partner
Steptoe & Johnson LLP

Now more than ever, legal, compliance, financial and other corporate gatekeepers face unprecedented liability risks as enforcement agencies intensify their focus on pursuing individuals. At this important panel, highly respected practitioners and former prosecutors will address important, new trends and pressing issues to flag now. Topics of discussion will include:

• In-house and outside counsel, compliance officers and financial executives under the microscope: Defense counsel perspectives on emerging new liability trends
• The move toward prosecutions of corporate gatekeepers in particular, including general counsel, chief compliance officers and accountants
• Scope of the in-house legal and compliance officers’ obligations to investigate potential red flags and monitor suspicious activity
• Recent enforcement actions against individual executives and key takeaways
• Approaches to the legal, compliance and financial roles amid developments in the U.S. and globally, and in response to internal corporate and industry pressures
• Contrasting U.S. and UK approaches to individual liability: DoJ, SEC vs. SFO
  • Takeaways from recent Serious Fraud Office cases
  • The UK’s new Senior Managers and Certification Regime
  • U.S. emphasis on the naming of wrongdoers
• Examples of successful defense strategies and settlements
• Penalty trends for individuals vs. corporations

Networking Break

World Bank Interview: Insights on What Triggers Debarment and Other Key Enforcement Decisions

Jamieson A. Smith
Chief Suspension and Debarment Officer, Office of Suspension and Debarment
The World Bank

Moderator:

Laurence Urgenson
Partner
Mayer Brown

International Prosecutors Roundtable: Enforcement Officials Discuss Information Sharing, Self-Reporting, Cooperation and Global Settlements

Hannah Von Dadelszen
Head of Fraud
UK Serious Fraud Office

Jean-François Bohnert
Chief Public Prosecutor, Head
Parquet National Financier (PNF)

Marcelo Ribeiro de Oliveira
Prosecutor
Procurador Ministério Público Federal (MPF) (Brazil)
Member, Curitiba Task Force (Responsible for the Car Wash Investigation)

Moderator:

Robert Luskin
Partner
Paul Hastings LLP

With heightened multi-jurisdictional enforcement activity (and more anticipated for the next year), audience members will benefit from a truly unique chance for in-person updates and Q & A on enforcement outside of the United States, and priorities moving forward. Learn how the agencies work together, coordinate with U.S. authorities, approach the effort to avoid double-dipping across settlements, as well as their expectations for cooperation.

BREAKOUT SESSIONS D

TRACK 1: Compliance Drill: Re-Thinking Contingency Planning and Compliance Amid More Overlapping, Unpredictable Exposure: ABC, Fraud, AML, Trade, Sanctions and Geopolitics

• Enhancing your program to identify and manage the convergence of various legal and compliance risks
• How geopolitical shifts and evolving trade policies have affected contingency planning
• Navigating the evolving economic sanctions environment and other regulatory enforcement initiatives
• How recent, big ticket bribery settlements in the U.S. and abroad have affected overall industry compliance efforts
• How companies are ranking and managing interrelated risk factors
• When FCPA enforcement actions have led to other types of government investigations and vice versa
• Where enforcement officials in the U.S. and abroad have been the most active outside of the anti-corruption

TRACK 2: Concrete Examples of How to Reconcile Varying Privilege Protections Across Jurisdictions — and Prevent Inadvertent Waivers

Through the use of hypothetical scenarios, experts will take participants through the nuances of determining the scope of privilege and accidental waivers. With varying approaches to privilege across jurisdictions, learn how to navigate complex decision-making and the potential impact on the course of an investigation.

• How a company’s disclosures while seeking cooperation credit can “accidentaly” trigger a waiver of the attorney-client and work product privilege
• When to waive privilege, and steps to take toward avoiding inadvertent waivers
• What happens to privilege under U.S. rules when a matter involves foreign jurisdictions without privilege protection (or a more limited form of privilege)
• The scope of privilege relating to interviews during an internal investigation, notes and memoranda
• When the SFO expects companies to hand over written notes of internal investigation interviews
• Maintaining privilege for compliance
• Special considerations for audits:
  • How much to document in audits
  • Distributing the audit report/findings

TRACK 3: Compliance Brainstorming Session #3
How Industry is Handling Instant Messaging Post-DoJ Revised Guidance: Interactive Benchmarking

• What has (and has not) changed since the release of DoJ’s revised policy
• What is now good practice for record review and retention, discovery, reporting, evidence gathering and cybersecurity
• Messaging Apps and the revised DOJ Policy: Examples of how industry is addressing the practical hurdles to implementing the policy
• Managing employee usage of WhatsApp and WeChat
• Concrete examples of how industry is interpreting and applying the revised policy
• Mitigating newfound cyber risks posed by the new messaging policy
• Archiving in the cloud: How long data needs to be stored and other considerations
• Building your own app: Concrete examples of successful initiatives
• How the increasing use of social media and messaging apps has affected the course of internal investigations
• What happens if you are unable to produce records requested by the DOJ

Networking Luncheon

General Counsel Interview-Life After An Enforcement Action and Monitorship: Five Years Later

Preston D. Wigner
Vice President, General Counsel & Secretary
Universal Corporation

Moderator:

Timothy Dickinson
Partner
Paul Hastings LLP

During this highly anticipated interview, hear from Universal Corporation’s General Counsel on the real-life impact of an enforcement action and monitorship five years later. Topics to be discussed include the “long term effects” of a monitorship on corporate culture, compliance practices and upgrades, and more. Don’t miss a rare glimpse into the “behind the scenes” aftermath.

BREAKOUT SESSIONS E

TRACK 1: Inside a Monitorship from Start to Finish: Important Lessons on Compliance and Remediation

Hear from compliance executives and monitors on how they worked together to address “behind the scenes” roadblocks to strengthening a global program.

Key areas for discussion include:

• Inside the selection of the monitor
• Behind the scenes of a monitorship – and the challenges faced by both the company and monitor
• The Compliance Monitor’s Perspective: Where companies have gone right and wrong on compliance and remediation
• Taking stock of successes and missteps across the life cycle of the monitorship
• How to conduct an effective compliance review and leverage the findings to revise your policies and procedures
• Implementing compliance upgrades and improved training programs
• Working with the monitor to address “on the ground” hurdles to remediation

INTERNATIONAL RISK & COMPLIANCE EXCHANGES

Led by experts with “on the ground” experience, participants will benefit from an interactive, smaller-group exchange on emerging issues affecting compliance and third-party management in Brazil and China.

Unlike other sessions, this segment will be structured as a discussion among speakers and participants. Few events offer audience members the chance to meet and ask questions to experts based in China and Brazil — in a more informal setting. Bring your questions or submit them in advance at [email protected].

TRACK 2: Risk & Compliance Exchange #1 – China

TRACK 3: Risk & Compliance Exchange #2 – Brazil

Networking Break

Town Hall: Cross-Agency Coordination, Information Sharing and Priorities for 2020

Daniel Kahn
Senior Deputy Chief Fraud Section, Criminal Division
U.S. Department of Justice

Deborah Connor
Chief, Money Laundering and Asset Recovery Section
U.S. Department of Justice

Lawrence Scheinert
Associate Director, Office of Compliance and Enforcement, Office of Foreign Assets Control (OFAC)
U.S. Department of the Treasury

Steven Peikin
Co-Director, Division of Enforcement
U.S. Securities and Exchange Commission

James M. McDonald
Director of Enforcement
Commodity Futures Trading Commission (CFTC)

Leslie Backschies
Chief, International Corruption Unit
Criminal Investigative Division
Federal Bureau of Investigation (FBI)

Moderator:

Guy Singer
Partner
Orrick, Herrington & Sutcliffe LLP

Newly expanded to focus on the interplay of DoJ, SEC, FBI, CFTC and OFAC enforcement priorities, participants will gain further insights on cross-agency coordination and compliance expectations, along with an unparalleled opportunity ask questions to a panel of enforcement officials. We invite you to join us once again for what will be another productive exchange with key U.S. Government Officials! Part I: Panel Discussion Part II: Open Audience Q & A

Conference Concludes