Foreign Corrupt Practices Act

• Analyzing the new risks and opportunities that the DOJ’s Whistleblower Rewards Program creates for companies and individuals
• Understanding the broader significance of the Whistleblower Rewards Program and consequences for company compliance programs
• The interplay of the DOJ program with the SEC program-and the potential interplay of new programs across foreign jurisdictions
• Status update on the DOJ’s inclusion of an “Exhaustion Provision” — requiring that a whistleblower must exhaust all internal reporting channels before reporting to the DOJ
• Preparing for the next phase of this program: Modifications to whistleblower hotlines, reporting systems, HR policies, trainings, internal controls
• Takeaways on the whistleblower reward pilot programs recently announced by the U.S. Attorney’s Offices in New York and California: Examining carveouts, exceptions, and implications

NEW INDUSTRY & JURISDICTIONAL NETWORKING HUBS!

Take the opportunity over the morning break to join one of our Networking Hubs where you can gather with members of your specific industry or meet with someone from a particular country/region.

In this interactive session, a panel of former DOJ and SEC 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

Join us for a compelling discussion on the present and future landscape of international anti-corruption enforcement, featuring insights from leading authorities at the UK’s Serious Fraud Office (SFO), France’s Parquet National Financier (PNF), and Switzerland’s Office of the Attorney General.

Along with DOJ’s recent release of new messaging app guidance, it also announced that companies may now face criminal obstruction of justice or spoliation charges if they fail to preserve data from ephemeral messaging platforms.

This panel will delve into specific examples of how companies should be managing their business records and correspondence in accordance with DOJ’s latest expectations. Our panelists will provide practical tips for:

• Conducting risk assessments to understand whether, how, and with whom employees are using off-network apps to conduct business
• Evaluating and updating written policies governing usage, maintenance, and retention
• Overcoming common hurdles to retaining business records and correspondence
• Implementing alternative ways to preserve off-network messages
• Conducting employee training on policy requirements that would be deemed sufficient in the eyes of the DOJ
• Understanding your organization’s technology and how to counteract features such as auto-delete functions that could thwart document preservation

In the wake of the DOJ’s M&A Safe Harbor Policy announcement, companies and financial institutions are grappling with the practical implications and potential risks of applying the policy at the pre- and post-acquisition stages.

This panel will provide first-hand accounts of how to navigate the grey areas of the new Safe Harbor Policy, as well as other critical due diligence and monitoring considerations for both acquiring and target companies. Topics of discussion will include:

• Strategic considerations for pre-acquisition and integration planning
• Deciphering when self-disclosure may generate additional exposure for your company
  • Understanding whether you qualify for the program and the deadlines involved
  • Weighing the risks of DOJ remediation, restitution and disgorgement requirements
  • Anticipating how the DOJ will treat information provided by the company if they self-disclose, but fail to achieve safe harbor status
• Examining how the application of the new Safe Harbor Policy has been impacting individuals, board members and target companies
• Assessing how the DOJ might treat target companies if an acquirer walks away from a deal after a disclosure is made
• What criteria have target companies shown thus far in order to receive VSD benefits?
• What to expect when the government learns of compliance issues before the acquiring entity
• Best practices for conducting risk-based audits of all acquired or merged businesses as quickly as possible

Despite continuous efforts to investigate and prosecute misconduct, corruption remains pervasive throughout Latin America, creating numerous obstacles and heightened risks for companies doing business in the region. This panel will provide insights on navigating the complexities and heightened risks affecting business operations. Topics of discussion will include:

• What recent cases reveal about the evolving landscape of corruption risks in the region
• Understanding the varying local economies, legislation, political landscape and press operations of the different Latin American jurisdictions where you operate
• Tailoring your approach to investigating and addressing actual or suspected corruption
• Engaging with enforcement authorities in multiple jurisdictions
• Avoiding the compliance pitfalls of posed by local laws
• Ensuring your compliance program is designed to mitigate the key risks and distinct challenges of conducting business in the region
• Comparing and contrasting the enforcement risks for local vs. international companies and financial institutions

NEW INDUSTRY & JURISDICTIONAL NETWORKING HUBS!

Take the opportunity to join one of our Networking Hubs where you can gather with members of your specific industry or meet with someone from a particular country/region.

During this interactive session, our panelists will act out a mock whistleblower interview. They will then dissect the interview and provide pointers and takeaways for interview best practices, as well as strategies for handling a whistleblower compliant beyond just the interview. They will demonstrate and discuss:

• The nuances of responding to an internal whistleblower report vs. an external report
• Maximizing the use and effectiveness of hotlines, and rooting out meritless reports
• What to do immediately after the whistle has been blown
• Developing a comprehensive and credible internal investigation plan
• Making the decision of whether to hire outside counsel
• Deciding whether to interview the reporter: Weighing the benefits and risks, and understanding when and how to do it
• Whistleblower interview best practices: Tactics for encouraging candid communication and knowing what questions to ask — and not to ask

This panel of in-house legal and compliance leaders will provide a behind-the-scenes look at the evolving list of considerations and strategies for minimizing risk and maximizing existing resources when entering and operating in new markets.

• Planning before the launch: The most important risk assessments that companies should be doing before launching head-first into a new market
• Evaluating the resources needed to implement necessary corruption controls in a given market and conducting a cost-benefit analysis of entry
• Defining the role that internal compliance officers play in making the necessary evaluations: How can CCOs and other compliance team members get their voices heard at the table?
• Identifying the unique FCPA challenges, concerns and considerations of the country/region you are entering

The new Foreign Extortion Prevention Act (“FEPA”), which makes the solicitation (or “demand side”) of bribes a criminal offense, carries substantial implications for multinationals. This panel will closely examine:

• How FEPA’s enactment could prompt changes to the DOJ’s reporting requirements and enforcement priorities
• How companies should be reassessing their disclosure analysis and anti-corruption risk assessments, policies, and procedures in light of the new law
• Understanding how FEPA, and the protections it offers, can help a company guard against demands for bribes from foreign officials
• Ensuring that employees are sufficiently trained on FEPA’s expanded definition of what constitutes a “foreign official”
• Examining how the new statute could potentially be used to prosecute companies for conspiracy or aiding and abetting bribery
• Preparing for information requests on individual government officials during FEPA investigations

• Analyzing how the DOJ’s Clawbacks policy is affecting company decision-making around employee compensation structures
  • How are companies modifying compensation packages to best position themselves in the event of a DOJ inquiry or investigation?
• Language that companies are including in employment contracts to show DOJ they are making good faith efforts to comply with the new policy
• How companies are using predictive analytics and risk assessments to identify forward-looking approaches to clawback, holdback and incentive practices
• Real-world examples of how to implement compensation clawbacks within U.S. and foreign legal parameters
• Navigating the difficulties of instituting clawbacks in tandem with employment laws in foreign jurisdictions
• Identifying ways to incentivize employee conduct in the absence of clawbacks — what is working and not working?

This panel will dissect the distinct challenges of operating your business amid the current environment in China. Amid geopolitical tensions and conflicting U.S. and local requirements, benefit from best practices for:

• Navigating China’s new data and cyber laws and balancing these requirements with DOJ and SEC expectations for FCPA compliance
• Evolving FCPA compliance programs in response to the latest trends
• Special considerations for onboarding and monitoring third parties in China
• Mitigating the risks associated with interactions involving local government officials and agencies
• Specific considerations and risks for life sciences companies operating in the headwind of China’s sweeping national campaign against healthcare corruption

Gain insights from this panel of cross-industry CCOs on what it takes to communicate effectively with your Board of Directors and Audit Committees about your company’s evolving liability risks.

• Knowing when and how often you should be meeting with the Board
• Understanding how to resonate with your Board to secure buy-in for important changes and additional compliance resources
• Best practices for telling a compelling “risk story” to your Board using data metrics and analytics
• What level of access to the audit committee does the DOJ expect?
• How compliance teams can work more effectively with outside counsel to help convey company risks to boards and audit committees
• When to engage outside counsel in presentations to Boards and audit committees

Learn about the U.S. State Department’s various initiatives to engage the private sector on anti-corruption, including the OECD’s Anti-Corruption Leaders Hub (ACLH) — a multi-stakeholder community comprised of chief compliance officers, senior government officials and civil society leaders.

In this unique segment, attendees will meet members of the ACLH and learn about their latest initiatives to prevent, detect and eliminate corruption.

Against the backdrop of the recent presidential election, this panel will explore what the future of FCPA risk, compliance and enforcement will look like in the coming year and beyond. Gain insights on the trajectory of FCPA policy, legislation and enforcement activity over the last four years, and what we can anticipate in light of the election result.

While all internal FCPA investigations must be customized to the specific facts, circumstances and issues at hand — there are critical practices and protocols that must be implemented to yield a complete and credible investigative process.

This panel will provide insights on how to identify and remedy gaps in your internal investigation program, and provide best practices for:

• Deciding whether or not an internal investigation should be undertaken in the first place
• Designating who should oversee and conduct the investigation
• When outside counsel should be enlisted in the process
• Tailoring the investigation with privilege protection in mind
• Establishing the scope and procedures of the investigation
• Collecting, preserving and reviewing documents and electronic data
• Conducting witness interviews under high-pressure circumstances
• Weighing considerations around self-reporting and remediation
• Presenting investigative findings and implementing a remediation plan

NEW INDUSTRY & JURISDICTIONAL NETWORKING HUBS!

Take the opportunity to join one of our Networking Hubs where you can gather with members of your specific industry or meet with someone from a particular country/region

Join in-house compliance executives, leading outside counsel and former monitors as they share the candid, behind-the-scenes aspects of navigating through a monitorship and Deferred Prosecution Agreement (DPA). Key discussion points will cover:

• Strategies for preventing DPA breaches
• Insights into monitor selection criteria and processes
• Effective management of independent compliance monitorships
• Fostering organizational change through cross-departmental collaboration
• Maintaining business operations and addressing stakeholder concerns
• Examples of tangible improvements in policies and training to prevent future misconduct
• Effectively relaying to the DOJ that compliance is integrated into your program

Gifts, hospitality and entertainment with foreign officials has long been rife with grey areas. As we proceed into 2025, companies continue to reconcile conflicts between FCPA compliance and local customs.

During this session, our panelists will guide attendees through an interactive “what would you do if” exercise to convey current best practices for highly sensitive and tricky gift, hospitality and entertainment dilemmas.

• Analyzing recent FCPA trials and verdicts involving individual executives: Highlighting key trends in individual liability, and notable developments in trials, jury instructions, judicial rulings, and more
• Exploring the extent of potential vulnerabilities, and the circumstances under which executives may be held personally liable for compliance failures
• Identifying legal issues and determinations from cases against individuals that can transfer over to cases against companies
• Practical advice on how legal and compliance executives can navigate the risks associated with FCPA enforcement in the face of increasing scrutiny

Through a series of hypothetical fact patterns and anonymous audience polling, benchmark how your third-party due diligence acumen compares to your peers. Walk away with a clear understanding of how to navigate complex scenarios involving third-party business partners, distributors, sub-distributors and sub-dealers.

• Implementing a “risk-based approach” when instituting compliance protocols for third-party intermediaries and vendors: What are other companies doing?
• Understanding how far companies are expected to go in terms of due diligence measures for sub-distributors and sub-dealers
• How should companies modify their sub-agent interactions in certain high-risk scenarios or jurisdictions?
• How sophisticated should training programs be for sub-agents?

• Understanding when and when not to investigate new or peripheral red flags
• Navigating critical legal and cultural differences in how investigations are approached in the U.S vs. other key jurisdictions
• Contrasting the expectations of local authorities and prosecutors
• Applying cross-border blocking statutes and local requirements concerning data privacy, employment law, privilege, corporate law and whistleblower protections
• China and India’s new data privacy and cyber laws, and how they will impact cross-border investigations
• Recognizing what needs to be done before any cross-border data transfers
• Identifying local challenges and impediments to your investigation early, and formulating an action plan
• Determining when to involve outside counsel and foreign advisors
• Deciding if the internal investigation findings should be reported to the company’s board of directors, audit committee, and to U.S. and/or international agencies

• Contrasting the evolving FCPA enforcement environment in Africa in relation to other high-risk markets
• Tailoring compliance strategies to address the distinct and increased corruption challenges of operating in Africa
• Enhancing internal controls, corporate policies, and procedures
• Formulating a due diligence strategy aligned with varying risk profiles of third parties and throughout the supply chain
• Assessing the implications of recent legislative and enforcement updates
• Managing cross-border investigations involving U.S., African, and global regulatory authorities
• Concrete examples of unique, high stakes scenarios and how to address them on the ground

This panel will provide practical insights and actionable guidance on how to leverage AI in your internal compliance efforts while mitigating associated risks, ensuring ethical practices, and meeting regulatory standards.

• Identifying guardrails that need to be put into place before using AI: The necessary policies, procedures and internal controls
• Establishing frameworks and protocols that prioritize transparency, fairness, and accountability surrounding AI usage
• Understanding potential risks associated with integrating AI into your compliance operations, including data privacy concerns, bias, and algorithmic accountability
• Conducting comprehensive risk assessments and implementing robust mitigation strategies

Anticorruption, export controls, and economic sanctions form a critical nexus in international business compliance. Companies confronting these intersecting regulatory landscapes must adopt an integrated compliance framework that addresses overlapping obligations and risks. This panel will delve into critical topics, including:

• Leveraging internal resources to strengthen compliance programs for FCPA, export controls, national security and economic sanctions crosspoints
• Navigating the effects that heightened sanctions enforcement will have on FCPA enforcement
• Managing the increasing overlap between national security and corporate crime, including money laundering to evade sanctions, Terrorist financing, and cybercrime
• Examining proposed measures aimed at enhancing U.S. cooperation with international partners in recovering assets associated with foreign corruption, sanctions and money laundering
• The rising collaboration among diverse enforcement agencies, and the larger influence on the enforcement environment

• Examining current trends in corporate settlements: Lessons and takeaway on how to maximize cooperation credit
• Understanding the role of self-disclosure in today’s settlement landscape
• Perspectives on what constitutes “immediate” action
• Examining recent DOJ enforcement activities and statements that outline immediate and extraordinary cooperation
• Determining the appropriate time to engage outside legal counsel
• Examples of successful (and not so successful) negotiations with prosecutors
• Unpacking cases where companies did not self-disclose, but still fully cooperated and remediated in a timely and appropriate manner

PART I: PANEL DISCUSSION: Participants will gain further enforcement insights from the agencies.

PART II: OPEN AUDIENCE Q&A: Benefit from an extended opportunity for open Q&A with key enforcement officials — ask your questions in real time or email your questions to: [email protected]. Your questions will be asked on an anonymous basis.