BREAKOUT SESSIONS A

Track 1: Interactive Benchmarking: Pressurized Compliance
Track 2: Internal Investigations and Crisis Management
Track 3: International Think Tank Series: Spotlight on Brazil

November 30, 2022 2:40pm

Track 1:

Matt Galvin
Counsel, Compliance & Data Analytics
U.S. Department of Justice

Ibie Falcusan
Assistant General Counsel, Head of Global Trade and Ethics Compliance
Weatherford International

Karyl Van Tassel
Senior Managing Director
J.S. Held, LLC

Mona Patel
Partner
Covington & Burling LLP

Track 2:

Kevin Gingras
Vice President and Associate General Counsel – Litigation & Compliance
Lockheed Martin

Vanessa Salinas Beckstrom
Investigations & Forensics Partner
PwC

Eoin O’Shea
Partner
CMS Legal LLP

Track 2 Moderator:

Edward (Ted) B. Diskant
Partner
McDermott Will & Emery

Track 3:

Salvador Dahan
Executive Director, Chief Governance & Compliance Officer
Petróleo Brasileiro S.A. (Petrobras)

Carlos Ayres
Partner
Maeda, Ayres e Sarubbi Advogados

Salim Jorge Saud Neto

Salim Jorge Saud Neto
Partner
Saud Advogados

Gerald Moody
Assistant Chief, FCPA Unit, Fraud Section
U.S. Department of Justice

Frederick Ratliff
Managing Counsel, Anti-Corruption
Shell

Track 1: Interactive Benchmarking: Pressurized Compliance

Todays compliance function is called upon to address compliance weak spots and mitigate heightened risk factors. In addition, the DOJ’s FCPA Unit will continue to evaluate corporate compliance programs to ensure that companies are designing and implementing effective compliance systems and controls, creating a culture of compliance, and promoting ethical values.

Implementing compliance programs that are well designed and effectively work in practice is challenging, so it is critical to closely monitor your program and build strong controls to detect and prevent misconduct.

Be sure to join this interactive panel as we discuss some of the most vexing challenges confronting the compliance community, and review what the DOJ is looking for, such as:

  • Examining the company’s process for assessing risk and building a program that is tailored to then match those resources to the specific risk profile
  • Reviewing the qualifications and expertise of your compliance personnel and other gatekeeper roles
  • Continuously testing the effectiveness of your compliance program to show that it is: improving, adapting, and updating the program to ensure that its sustainable and adapting to changing risks
  • How to truly know if your program is working-—and when to sound the alarm

Track 2: Internal Investigations and Crisis Management

With clear signs that anti-corruption enforcement remains a top DOJ priority, now more than ever companies are focused not simply on prevention and detection but preparedness for the possibility of defending against enforcement activity.

Starting from the first signs of a compliance issue to successful resolution, our panel will discuss best practices for managing internal investigations, reputational risk and more.

  • Reviewing the impact of recent DOJ enforcement actions and settlements
  • Pitfalls to avoid when assessing confidentiality and privilege
  • Best practices for investigations involving former employees
  • Creating standards, manuals, policies, operating procedures for the team
  • Budget: How much you need to spend and mitigating the risk of spiraling costs
  • When to involve outside counsel
  • When and when not to investigate new or peripheral red flags
  • When to stop: How to know when to conclude the investigation

Track 3: International Think Tank Series: Spotlight on Brazil

The continued focus on cross-border coordinated cases between Brazilian and U.S. authorities highlights risks and challenges for multi-national companies with operations in Brazil.

In this session our regional panel of experts will discuss:

  • How to adapt your compliance program to corruption risks in Brazil
  • Navigating cross-border investigations by U.S., Brazilian, and other authorities
  • Reaching coordinated resolutions with U.S., Brazilian, and other authorities
  • The impact of recent legislative and enforcement changes in Brazil on multi-national corporations operating in Brazil
  • Legislation vs. enforcement in Brazil: dissecting the roles and responsibilities of Brazilian agencies at the federal, state and municipal levels