Foreign Corrupt Practices Act Houston

Registration and Networking Breakfast

Remarks from the Co-Chairs

Kenneth A. Polite Jr.
Partner
Sidley Austin LLP
Former Assistant Attorney General, Criminal Division, DOJ

Shannon Stokes
Assistant General Counsel, Legal & Compliance
World Kinect Corporation

DOJ & SEC Update

Charles Cain
Chief, FCPA Unit
U.S. Securities and Exchange Commission

David Fuhr
Chief, FCPA Unit
United States Department of Justice

John C. Richter
Partner
King & Spalding LLP

Lance Rollins
Supervisory Special Agent
FBI Houston Field Office

SEC Enforcement Think Tank: Dissecting The Lesser-Known Nuances and Practical Takeaways

Daniel Kahn
Partner
Davis, Polk & Wardwell
(Former Acting Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice)

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

Lewis Zirogiannis
Partner
Baker Botts

During this critically important panel, leading practitioners involved in some of the most high profile cases will discuss the heightened SEC risks confronting industry, including special considerations for the oil & gas sector.

Extended Networking Break

Upgrading Compliance Policies Around Ephemeral Messaging and Retention Systems: The Latest Best Practices and Lessons Learned for Employee Training and Risk Management

Erin Brown Jones
Partner
Latham & Watkins LLP

Steve Meck
Group General Counsel & Chief Compliance Officer
Weir Group PLC

Doug Cohan
Deputy Compliance Officer/Senior Assistant General Counsel
Hess Corporation

• What the agencies expect for retaining business records and correspondence
• Strengthening written policies governing usage, maintenance, and retention
• How is industry overcoming hurdles to implementing DOJ policy
• The continuing impact of the global pandemic on corporate use of messaging platforms
• How increased usage has impacted compliance efforts
• The necessary skillsets that are required for compliance officers when implementing ephemeral messaging policies

Defining and Dealing with “State-Owned” Entities in the FCPA Context

Claire Rajan
Partner
Allen & Overy

Marianne Ibrahim
Chief Compliance Officer
ChampionX

Jennafer Watson
Director of Ethics & Compliance, Assistant General Counsel
Oxy

During this session, legal and compliance experts will delve into the unique considerations affecting your compliance policies and protocols, including:

• What is (and isn’t) a “state-owned” entity, as defined in the FCPA-and the enduring grey areas
• Applying both ownership interests and level of control tests when determining whether something is “state-owned”
• Managing the inherent, heightened risks when dealing with state-owned entities
• Defining “instrumentality” in relation to essential government control, and understanding how/when instrumentalities are more/less important

Networking Luncheon

Hypothetical Scenarios

Africa On the Ground: How to Navigate Complex, Heightened Risks and Dilemmas in Real Life

Ryan Rabalais
Chief Compliance Officer
Seadrill

David W. Simon
Partner
Foley & Lardner LLP

Jeremy Welch
Managing Counsel, Managing Counsel – Compliance Operations
Schlumberger

• How the shifting FCPA enforcement landscape in Africa compares to other high risk markets
• How to adapt your compliance program to the unique, heightened corruption risks associated with doing business in Africa
• Updating internal controls, corporate policies and procedures
• Developing a due diligence approach based on the appropriate risk level associated with each third party and across your supply chain
• Navigating cross-border investigations by U.S., African and more international authorities

Networking Break

The Lengths and Limits of AI & Data Analytics for Compliance and Monitoring: New Lessons for Streamlining Your Program, and Optimizing Time and Cost Efficiency

Kristi Kevern
Senior Managing Ethics and Compliance
Dell Technologies, Inc.

Julie Myers Wood
Chief Executive Officer
Guidepost Solutions LLC

• The requirements and expectations for data-driven compliance and monitoring programs
• Ensuring data feeds and monitoring tools are working in real time
• Determining “scalability” when you have built the infrastructure
• Identifying inconsistent data and missing data, what data is important, and what is (and isn’t) being captured accurately
• Navigating the interplay between AI tools, the data that is utilized, and the results and recommendations that are generated
• Updating processes for determining what warrants internal investigations and further action
• Steps to take when data reveals employees and third parties are not diligently following critical policies

Compensation Clawbacks in Practice: Legal and Compliance Experts Discuss the Real-Life Aftermath and New Lessons Learned

Sidney Bashago
Partner
Davis Polk & Wardwell LLP

Brigida Benitez
Partner
Steptoe & Johnson LLP

Ann Sultan
Member, Vice Chair, International
Miller & Chevalier

During this closing session, panelists will delve into the expected (and unexpected) challenges of implementing the DOJ’s policy-and how they are navigating complex legal and compliance dilemmas.

Topics will include:

• Addressing the hurdles to incorporating the clawback policy into your compensation and bonus systems
• Revisiting your risk management and compliance planning
• Working with human resources, outside counsel and boards of directors
• Updating employment agreements and corporate policies
• Managing the interplay of federal, state and international employment laws

Day One Closing Remarks From Co-Chairs and Networking Cocktail Reception

Registration and Refreshments Available

Opening Remarks from the Co-Chairs

Kenneth A. Polite Jr.
Partner
Sidley Austin LLP
Former Assistant Attorney General, Criminal Division, DOJ

Shannon Stokes
Assistant General Counsel, Legal & Compliance
World Kinect Corporation

Special Interview with the U.S. Attorney for the Southern District of Texas

Alamdar Hamdani
U.S. Attorney
United States Attorney’s Office, Southern District of Texas

Moderator:

Kenneth A. Polite Jr.
Partner
Sidley Austin LLP
Former Assistant Attorney General, Criminal Division, DOJ

The Scope of ESG as a Mitigating Factor: How Companies Are Now Incorporating ESG Into Global Risk Assessments

Irina Lazieva
Director, Legal, Business Integrity
KBR

Holly Carr
Managing Director, Forensics
BDO USA, P.A.

• How robust ESG programs, including due diligence of third-parties, can serve as a mitigating factor in determining potential liability
• Implementing a technology solution that enables your organization to have a cohesive workflow that can capture and assess anti-corruption and ESG risks before it’s too late
• Assessing and evaluating self-reported information provided by third parties, and supporting it with independent checks for verification
• Measuring the financial risk of ESG commitments, including when stated goals are not met

Networking Break

Special Interview: U.S. State Department

April Snedeker
Anti-Corruption Program Advisor
U.S. State Department

Moderator:

Shannon Stokes
Assistant General Counsel, Legal & Compliance
World Kinect Corporation

The Next Level of Compliance in Latin America: Case Studies

Marco Antonio Padilla Mérigo
Global Chief Compliance and Risk Officer
Aleatica (Mexico)

Esther Flesch
Partner
Miguel Neto Advogados (Brazil)

• Exploring the newest considerations for adapting your compliance program to evolving corruption risks in Latin America
• Navigating cross-border investigations by the U.S. in coordination with various Latin American authorities
• Reaching coordinated resolutions with U.S. and Latin American authorities
• Special considerations for compliance and investigations in Brazil and Mexico

Networking Lunch

Ericsson Case Study: DPAs and the Broader Compliance Lessons Learned

Sergio Leal
Head of Compliance
Ericsson

Joel M. Cohen
Partner
White & Case LLP

This highly anticipated case study with Ericsson’s Head of Compliance will discuss the key takeaways and the broader compliance lessons learned from Ericsson’s $207 million settlement with the DOJ in relation to violating a DPA that they entered into in 2019.

Networking Break

Measuring Success: How to Determine the Effectiveness of Your Compliance Program

Ryan Hartman
Partner
Arnold & Porter

Patrick Hays
Global Compliance Director
Dresser Utility Solutions

Lindsay Antoniello
Deputy Chief Compliance Officer
TPG Global, LLC

In this session, our experts from several different industries will examine the particulars and subtleties of how and what to measure when assessing program effectiveness. We will explore key considerations, such as:

• Deciding which metrics are right to measure the effectiveness of your compliance initiatives
• What it now takes, and the extent of due diligence required for your program to be “reasonably designed”
• How to truly know if your program is working—and when to sound the alarm
• Best practices for periodically updating risk assessment priorities
• How to continuously test the effectiveness of a compliance program, to show that it is improving and adapting to evolving risk and new developments
• Monitoring and auditing compliance program components, as well as reporting on current or anticipated enhancements

The Nuances of In-Person vs. Remote Interviews: Key Differences and Approaches to Conducting an Effective Interview

Nancy Jacobson
Counsel, Global Compliance and Ethics
United Airlines

Ryan Patrick
Partner
Haynes and Boone, LLP
Former United States Attorney for the Southern District of Texas (2018 to 2021)

Adam S. Hoffinger
Shareholder
Greenberg Traurig, LLP

Interviews are an essential tool for investigations and compliance. Prior to the pandemic, most interviews would be conducted in person, giving the investigator the ability to utilize certain techniques to probe for truthful responses. Since the pandemic, many of these interviews are now conducted remotely.

This panel will discuss the differences between conducting remote vs. in-person interviews, and the newest approaches and lessons learned.

Closing Remarks from the Co-Chairs | End of Conference