FCPA Enforcement and Compliance

Building on the pre-conference workshop, this practical, interactive session will delve into the most complex, vexing grey areas and how to address them. Through a series of hypothetical scenarios and anonymous audience polling, participants will be able to compare notes and see how current compliance practices measure up. Topics during this invaluable benchmarking session will include:

• Navigating the grey areas of the DOJ’s recent advisory concerning the risks associated with employing ephemeral messaging for corporate communications
• Managing the retention of business records
• Implementing concrete auditing measures to prevent message preservation
• Addressing the preservation of third-party messaging
• Capturing communications on platforms lacking seamless integration with record-keeping systems
• How to know if your policies meet DOJ expectations: Practical strategies for when and how to revisit corporate policies
• Special considerations for voluntary disclosures, remedial measures and cooperation credit

• Delving into the intricacies and practical aspects of anti-corruption legislation in China
• Revealing conflicts between China’s “state secrets” and counterespionage legislation, cybersecurity & data privacy laws and regulations – and DOJ policies and guidance
• Managing the growing intersection between FCPA enforcement and circumvention of international trade laws (including forced labor, tariffs (e.g., Section 301, export controls and sanctions) between the U.S. and China/Asia-Pacific)
• How to adapt your compliance program to the heightened corruption and compliance risks in China and across Asia-Pacific, particularly as companies de-risk China exposure
• The impact of recent legislative and enforcement changes relating to China (e.g., Antiforeign Sanctions Law, Unreliable Entity List, Blocking Statute, Counterespionage Law)
• Overcoming the unique challenges of “state-owned” entities and overall government involvement in the private sector
• Unique issues affecting cross-border investigations involving China

• Exploring the operationalization of artificial intelligence in FCPA investigations and assessing its efficacy
• Analyzing the implications of the EU AI Act on FCPA enforcement efforts
• Assessing strategies for mitigating potential liability through informed decision-making
• Addressing practical challenges associated with implementing machine learning in FCPA cases, such as maintaining legal privilege and navigating organizational adoption hurdles
• Highlighting successful case studies of AI integration into FCPA compliance and monitoring initiatives
• Using data feeds for continuous risk re-assessments and monitoring program upgrades
• Concrete examples of metrics used for assessing and analyzing risk
• Leveraging data analytics for re-assessing risks and identifying compliance weak spots
• Updating your potential risk contact points that exist throughout your company
• Assessing the current controls in place to prevent, detect, and correct violations
• Determining and prioritizing the compliance enhancement measures you undertake

• Recognizing prevalent scenarios that multinational corporations should consider when sourcing from Southeast Asia and India
• Analyzing enforcement patterns and how they differ from other regions
• Gaining insight into the perspectives of banks and financial institutions regarding Southeast Asia and India
• Identifying changes in anti-corruption measures, data protection, and regulatory compliance throughout Asia-and their impact on your compliance strategy
• Tailoring policies and procedures to the unique jurisdictional contexts
• Concrete examples of effective risk mitigation strategies

During this interactive session, audience members will break out into smaller-group roundtables to work through a series of hypothetical scenarios on hot button issues. Each table will then share its findings and conclusions with the entire audience-leading to a discussion across the whole group.

An invaluable benchmarking opportunity!