Future of FCPA Compliance Series

Ephemeral Communications, Cooperation Credit and DOJ Expectations: The Newest, High Stakes Risks on the Line – from Employment Litigation, Data Privacy to FCPA Penalty Exposure

November 29, 2023 11:45am

Kenneth Blanco
Chief Compliance Officer, Financial Crimes Unit
Citigroup Inc.

David N. Kelley

David N. Kelley
Dechert LLP

Rebecca Rohr
Head of Corporate & Government Investigations

Neil T. Smith
K&L Gates LLP

Patrick F. Stokes
Gibson, Dunn & Crutcher LLP

During this critically important panel, speakers will unpack some of the biggest issues and worst case scenarios when trying to meet DOJ expectations for cooperation — and the latest best practices for mitigating multiple layers of liability risks:

  • The dilemma with employee personal devices being used for bona fide work purposes
  • Tensions and issues that can arise when employees refuse to cooperate with corporate policies
  • Deciding whether or not to terminate an employee who refuses to cooperate
  • Litigation costs and challenges in the context of privacy and message retrieval
  • Revisiting your policy amid the interplay of GDPR risks
  • Implementing an e-discovery program relating to messaging app
  • When you can ask for employees’ personal devices for review
  • Retaining counsel for the employee: Determining your obligations as an employer
  • What can help to yield cooperation credit—and what has fallen short