Agenda

Pre-Conference Workshops

Workshop A — A Practical Guide to Ephemeral Communications, DOJ Expectations and Cooperation Credit

Jun 11, 2024 9:00am – 12:30 PM

Speakers

Chris Steskal
Partner
Fenwick

Charles Reed
VP, Corporate Compliance
Flex

Workshop B — Behind the Scenes of Building an Effective AI, Machine Learning & Data Analytics Program

Jun 11, 2024 1:00pm – 04:30 PM

Speakers

Mason Pan
Managing Director
BDO

Nancy Jacobson
Managing Counsel, Global Compliance and Ethics
United Airlines

Brendan Kelleher
Chief Compliance Officer
SoftBank Group International

Day 1 - Wednesday, June 12, 2024

7:45
Continental Breakfast and Registration
8:45
Co-Chairs’ Welcome & Opening Remarks on New, Emerging FCPA Trends
9:30
Special Keynote
10:00
Ephemeral Messaging: WHAT WOULD YOU DO IF? Hypothetical Scenarios- Ephemeral Messaging and Encrypted Applications: How Companies and Financial Institutions Are Resolving High Stakes Compliance Dilemmas
11:00
Networking Break
11:30
Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy
12:00
Networking Luncheon
1:30
The DOJ’s New Whistleblower Program-and What It Means for Companies and Individuals
2:30
Networking Break
3:00

FCPA FLASHPOINT

Southeast Asia and India: Examining the Evolving Corruption Landscape and Current FCPA Trends
4:00

BREAKOUT ROUNDTABLES

New, Complex Issues with Third Party and Supply Chain Due Diligence and Monitoring
5:00
Day One Adjourns Networking Cocktail Reception

Day 2 - Thursday, June 13, 2024

7:30
Continental Breakfast and Registration
8:30
Co-Chair Opening Remarks
8:45
SAP Case Study Post-DPA
9:15
Interactive Benchmarking: The Grey Areas of Operationalizing New DOJ Guidance and Policies
10:15
Networking Break
10:30
Mitigating Risk Amid Latin America’s Evolving Compliance Climate and Intensifying Enforcement Landscape: How the DOJ and SEC Are Coordinating with LATAM Authorities
11:30
Forward-Looking Compensation Clawback Compliance Strategies: New Takeaways and Hidden Pitfalls to Avoid
12:15
Networking Luncheon
1:15

PART TWO

Town Hall Q&A: Operationalizing DOJ Guidance
2:00

ESG COMPLIANCE & INVESTIGATIONS

Part 1: New Lessons for Building an ESG Program and Demonstrating ROI to Senior Management and the Board
2:45
Networking Break
3:00

ESG COMPLIANCE & INVESTIGATIONS

Part II: Enforcement Actions Tied to ESG Disclosures
3:45
Nexus Between Corruption and Forced Labor: What Every Multinational Company Needs to Know About the Newest UFLPA Enforcement Developments
4:45
Co-Chairs Closing Remarks
5:00
Conference Adjourns

Day 1 - Wednesday, June 12, 2024

7:45
Continental Breakfast and Registration
8:45
Co-Chairs’ Welcome & Opening Remarks on New, Emerging FCPA Trends

Paige Pratter
Assistant General Counsel
Business & Regulatory Investigations
Microsoft

Darryl Lew
Partner
White & Case
9:30
Special Keynote
10:00
Ephemeral Messaging: WHAT WOULD YOU DO IF? Hypothetical Scenarios- Ephemeral Messaging and Encrypted Applications: How Companies and Financial Institutions Are Resolving High Stakes Compliance Dilemmas

Kimberly Parker
Partner
Wilmerhale

Paul J. Nathanson
Partner
Davis Polk & Wardwell LLP

Elizabeth M.P. McKee
General Counsel
Static Control Components, Inc

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
11:00
Networking Break
11:30
Special Focus on China: New, Unique Considerations Affecting Your Compliance Strategy

Evan Chucks
Partner
Crowell (Shanghai/Los Angeles)

Patrick Stokes
Partner
Gibson, Dunn & Crutcher

Christopher D. Frey
Partner
Latham & Watkins LLP

  • 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

12:00
Networking Luncheon
1:30
The DOJ’s New Whistleblower Program-and What It Means for Companies and Individuals

Paige Pratter
Assistant General Counsel
Business & Regulatory Investigations
Microsoft
2:30
Networking Break
3:00

FCPA FLASHPOINT

Southeast Asia and India: Examining the Evolving Corruption Landscape and Current FCPA Trends

W.S. Wilson Leung
Director of Investigations and Integrity
Intel Corporation

Peter S. Spivack
Partner
Hogan Lovells US LLP

  • 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

4:00

BREAKOUT ROUNDTABLES

New, Complex Issues with Third Party and Supply Chain Due Diligence and Monitoring

Carl Hahn
VP, Chief Compliance Officer
Northrop Grumman Corporation

Therese Lee
Senior Director, Ethics & Business Integrity
Google

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!

5:00
Day One Adjourns Networking Cocktail Reception

Day 2 - Thursday, June 13, 2024

7:30
Continental Breakfast and Registration
8:30
Co-Chair Opening Remarks

Paige Pratter
Assistant General Counsel
Business & Regulatory Investigations
Microsoft

Darryl Lew
Partner
White & Case
8:45
SAP Case Study Post-DPA

Vivianne (Jabbour) Gordon-Pullar
Group Chief Compliance Officer
SAP

Moderator:

Courtney Hague Andrews
Partner
White & Case LLP
9:15
Interactive Benchmarking: The Grey Areas of Operationalizing New DOJ Guidance and Policies

Stephanie Mercedes Tennant
Assistant General Counsel
META

Abby Slonecker
Senior Vice President
FINRA
Former Head of Compliance Tableau Software

Hui Chen
Senior Advisor
R&G Insights LAB

  • Concrete examples of program upgrades and compliance pain points
  • Testing the effectiveness of your compliance program to show that it is: improving, adapting, and updating the program to ensure that it is sustainable and adapting to changing risks
  • Reviewing the qualifications and expertise of your compliance personnel
  • Rethinking resource allocation and delivery methods for training
  • Fostering and sustaining a strong corporate culture
  • Leveraging dashboards and other mechanisms for reporting
10:15
Networking Break
10:30
Mitigating Risk Amid Latin America’s Evolving Compliance Climate and Intensifying Enforcement Landscape: How the DOJ and SEC Are Coordinating with LATAM Authorities

Lauren (Muldoon) Kootman
Assistant Chief, Fraud Section, Criminal Division
U.S. Department of Justice

Luis Dantón Martínez Corres
Partner
LEC, Litigio Estratégico y Compliance, S.C

Justin Weitz
Partner
Morgan, Lewis & Bockius LLP

  • Exploring the DOJ’s enforcement priorities in Latin America
  • Identifying best practices for companies and law firms
  • Analyzing recent high-profile corruption trends and cases in Latin America
  • Adapting your compliance program to heightened risks in Latin America
  • Navigating cross-border investigations involving the U.S. and multiple Latin American authorities
  • Achieving coordinated resolutions with both U.S. and Latin American authorities
  • A closer look at coordination efforts between the U.S., Brazil, Colombia and Mexico
11:30
Forward-Looking Compensation Clawback Compliance Strategies: New Takeaways and Hidden Pitfalls to Avoid

Gregory Bates
Member
Miller & Chevalier

Uzo Asonye
Partner
Davis Polk & Wardwell LLP

  • How the DOJ’s Clawbacks policy has affected compensation structures and decision-making
  • Identifying forward-looking approaches using predictive analytics and risk assessments
  • Managing the interplay of international employment laws and compliance with DOJ policy
  • Real-world examples of how to implementing compensation clawbacks within U.S. and foreign legal parameters
  • What should trigger the application of clawbacks -and what shouldn’t

12:15
Networking Luncheon
1:15

PART TWO

Town Hall Q&A: Operationalizing DOJ Guidance

Darryl Lew
Partner
White & Case

Paige Pratter
Assistant General Counsel
Business & Regulatory Investigations
Microsoft
2:00

ESG COMPLIANCE & INVESTIGATIONS

Part 1: New Lessons for Building an ESG Program and Demonstrating ROI to Senior Management and the Board

Russell Vickers
Associate General Counsel, Corporate Compliance & Privacy
Everlaw

Douglas A. Thompson
Partner
Snell & Wilmer

  • Understanding how robust ESG programs, including due diligence of third-parties have serves as a mitigating factor
  • How quality ESG commitments create risk-averse business decisions
  • Concrete examples of an effective ESG program-and how to leverage FCPA compliance resources
  • Illustrating the value of ESG to Your Internal Stakeholders
  • Practical tips for companies embarking on their ESG journey-and for those who are mid-journey
2:45
Networking Break
3:00

ESG COMPLIANCE & INVESTIGATIONS

Part II: Enforcement Actions Tied to ESG Disclosures

Dmitry Lukovsky
Senior Director & Assistant General Counsel
Palo Alto Networks

Matthew Jacobs
Partner
DLA Piper

  • Discussion of recent ESG enforcement actions-and their aftermath
  • The SEC’s use of the FCPA’s books and records provisions in ESG cases
  • The rising interplay of anti-bribery risks and ESG disclosures
  • Impact of new SEC disclosure rules on risk exposure
3:45
Nexus Between Corruption and Forced Labor: What Every Multinational Company Needs to Know About the Newest UFLPA Enforcement Developments

Elizabeth M.P. McKee
General Counsel
Static Control Components, Inc

Brent Lambert
SVP, Chief Legal and Compliance Officer
Lexmark
4:45
Co-Chairs Closing Remarks
5:00
Conference Adjourns

Workshop A — A Practical Guide to Ephemeral Communications, DOJ Expectations and Cooperation Credit

Jun 11, 2024 9:00am – 12:30 PM

Chris Steskal
Partner
Fenwick

Charles Reed
VP, Corporate Compliance
Flex

What is it about?

Laying the groundwork for the main conference that follows, this highly anticipated workshop will delve into the enduring challenge of satisfying the compliance requirements for ephemeral communications. Through a step-by-step review of recent DOJ Guidance, key settlements and compliance lessons learned, you will benefit from actionable takeaways for strengthening internal policies, controls, employee awareness, record storage and preservation-and more.

Topics will include:

  • Level-setting: Defining the dilemma with employee personal devices being used for bona fide work purposes
  • Recent developments in DOJ guidance and expectations: Have the goal posts moved?
  • The lesser-known issues relating to personal devices, unsanctioned communication platforms, and ephemeral messages
  • Relevant enforcement actions and settlements-and their broader lessons
  • Strengthening corporate compliance policies, employee monitoring and internal controls
  • How to address challenges with implementation of corporate policies
  • What to do when employees refuse to adhere to corporate policies
  • When you can ask for employees’ personal devices for review-and when you can’t
  • Deciding whether or not to terminate an employee who refuses to cooperate-and the associated legal risks
  • 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 apps
  • Retaining counsel for the employee: Determining your obligations as an employer
  • What can help to yield cooperation credit—and what has fallen short

Workshop B — Behind the Scenes of Building an Effective AI, Machine Learning & Data Analytics Program

Jun 11, 2024 1:00pm – 04:30 PM

Mason Pan
Managing Director
BDO

Nancy Jacobson
Managing Counsel, Global Compliance and Ethics
United Airlines

Brendan Kelleher
Chief Compliance Officer
SoftBank Group International

What is it about?

During our afternoon workshop, leading experts will delve into the attest innovations of leveraging data analytics and artificial intelligence for ongoing monitoring of third-party compliance, with a focus on identifying emerging risks. Key topics for discussion include:

  • 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