A Complete Refresher on the Most Important Lessons Learned from Key US and International Investigations and Settlements: Key Takeaways to Optimize Your Global Compliance Program

Jan 29, 2019 9:00am – 12:30pm

Michael Pacella
Vice President, Global Anti-Corruption and Investigations Counsel
Zimmer Biomet

Jaime B. Guerrero
Foley & Lardner LLP

(Registration begins at 8:30 am) Led by senior in-house experts in the anti-corruption compliance and investigations fields, this highly practical working group offers a unique opportunity for you and your team to ensure that you are full up-to-speed on the most significant corruption-related cases, and how to leverage the lessons learned to enhance your program moving forward. Take advantage of this unique, smaller-group setting to have your specific questions answered and benchmark with peers. Topics will include:
  • Recent cases impacting the future of FCPA settlements, including Kokesh v. SEC
  • US v. Hoskins — Will the reach of US enforcers to pursue foreign individuals be affected, perhaps even curbed?
  • The “anatomy” of a bribe: What has triggered suspicion and a government investigation
  • A deep dive into key investigations and settlements, and what they reveal about DOJ and SEC expectations
  • Which cases have led to an SEC settlement, but a DOJ declination
  • Trends in settlements, including penalty structures and remediation requirements
  • Industries that are increasingly under the microscope in recent memory
  • How the agencies have interpreted “cooperation”
  • A review of the first examples of the DOJ’s avoidance of “piling on” (Ensco, ING) and the impact on your anti-corruption compliance strategy
  • Which circumstances have led to declinations, DPAs and NPAs
  • Insights on DOJ and SEC coordination with foreign enforcement agencies
  • Lessons learned for mitigating enforcement risks and interfacing with the agencies
  • How to leverage the key lessons from settlements toward effecting compliance improvements in your organization
  • A close look at current investigations and emerging enforcement trends
  • As enforcement becomes more global and individuals more protective of their data (e.g., GDPR), can companies still conduct a thorough internal investigation, even across borders? What about the nuances of attorney-client privilege in different jurisdictions?
  • Argentina’s “notebook case” — a new Lava Jato? How do new bribery laws in Peru and Argentina alter existing risks? With a new president taking office in December, will Mexico’s National Anti-Corruption System finally begin to bite?
  • In the present era characterized by a “new openness” and #MeToo (and a recent, $54 million SEC whistleblower award), how can companies best handle increased reporting and foster more collaboration across departments?