Post Conference Seminar – Global Regulatory & Enforcement Update

Dec 1, 2017 8:30am – 5:15pm

Gary DiBianco
Partner
Skadden, Arps, Slate, Meagher & Flom LLP

Giovanni Paolo Falcetta
Partner
TozziniFreire (Brazil)

Rogério Fernanco Taffarello
Partner
Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (Brazil)

Pedro Serrano Espelta
Partner
Marval, O'Farrell & Mairal (Argentina)

Daniel Lovón Lillicrap
Partner
Muñiz Ramírez Pérez-Taiman & Olaya Abogados (Peru)

Carlos Fernando Guerrero Osorio
Legal Advisor
Guerrero C & L (Colombia)

Kyunghoon Lee
Attorney
Lee & Ko (South Korea)

Daniel Kadar
Partner
Reed Smith (France)

Katharine A. Bostick
Assistant General Counsel Director of Compliance & Litigation, Greater China Region Corporate, External & Legal Affairs
Microsoft (China)

Bapsy Dastur
General Counsel & Legal Officer
Stolt Nielsen (UK)

Barry Vitou
Partner
Pinsent Masons (UK)

Sajai Singh
Partner
J. Sagar Associates (India)

Ibtissem Lassoued
Partner
Al Tamimi & Co (UAE)

Olukayode Dada
Senior Lawyer
Udo Udoma & Belo-Osagie (Nigeria)

Bingna Guo
Partner
O’Melveny & Myers LLP (China)

Each year, attendees choose this unique seminar to interface with anti-corruption law experts from across the globe. Scheduled on Day 4 of the conference once again-December 1, 2017– the distinguished faculty will cover the most significant regulatory and enforcement developments in high risk jurisdictions. Unlike the previous days of the conference, this program will focus on international developments and their practical, “on the ground impact” for industry.

8:00am
Registration Opens
8:30am
Opening Remarks from the Co-Chairs

Bapsy Dastur
General Counsel & Legal Officer
Stolt Nielsen (UK)

Gary DiBianco
Partner
Skadden, Arps, Slate, Meagher & Flom LLP

8:45am
BRAZIL
Brazil Beyond the Headlines: Inside Far Reaching Local Bribery Investigations and Key Takeaways

Giovanni Paolo Falcetta
Partner
TozziniFreire (Brazil)

Rogério Fernanco Taffarello
Partner
Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (Brazil)

  • The most significant lessons learned from Lava Jato
  • Status of ongoing and newly launched investigations and settlements
  • Extent of cooperation between Brazilian authorities in Lava Jato and other high profile matters
  • The outlook for amnesty legislation and political efforts to hinder prosecutions
  • Key provisions, application and enforcement of the Clean Company Act
  • Looking ahead: What companies and law firms might expect from regulators
9:45am
PERU, ARGENTINA, COLOMBIA
The Legal, Compliance and Business Outlook in Peru, Argentina and Colombia: Inside the Ripple Effects of Lava Jato, and Recent Legislative and Enforcement Developments

Pedro Serrano Espelta
Partner
Marval, O’Farrell & Mairal (Argentina)

Daniel Lovón Lillicrap
Partner
Muñiz Ramírez Pérez-Taiman & Olaya Abogados (Peru)

Carlos Fernando Guerrero Osorio
Legal Advisor
Guerrero C & L (Colombia)

  • Contrasting the legislative and enforcement landscapes in Argentina, Colombia and Peru
  • How Lava Jato has “spilled over” into these three jurisdictions and the practical impact on industry
  • The most significant corruption cases in recent memory: Key takeaways
  • Practical impact of whistleblower regulations on the regional fight against corruption
  • Evolving corporate and individual areas of exposure for bribery
  • How transnational corruption has affected the region
10:45am
Networking Break
11:00am
SOUTH KOREA
The New Legislative, Compliance and Enforcement Landscapes

Kyunghoon Lee
Partner
Lee & Ko (South Korea)

  • How key legislation has been interpreted and enforced, including:
    • Criminal Code
    • Act on Anti-Corruption, and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission
    • Improper Solicitation and Graft Act
  • The interplay between the political, business and enforcement landscapes: Key compliance challenges confronting industry
  • Anticipated changes to anti-corruption enforcement moving forward
11:30am
FRANCE
Status Report on Sapin II, New Compliance Program Requirements and the Emerging Risk of Extra-Territorial Enforcement

Daniel Kadar
Partner
Reed Smith (France)

  • Update on Sapin II Law:
    • new legal requirements for compliance programs
    • new criminal offence of influence peddling of foreign public officials
    • enhanced jurisdiction of French criminal courts
  • New anti-corruption agency and sanctions
  • The roles of the public prosecutor and the Central Service for the Prevention of Corruption (SCPC)
  • Key legislative and regulatory provisions relating to bribery and corruption, including “active” and “passive” corruption
  • Industry-specific rules and prohibitions
  • Emerging risks of extraterritorial enforcement
  • The evolving scope of corporate and individual liability risks
12:00pm
Networking Luncheon
1:15pm
CHINA
The Latest Changes to Anti-Bribery, Whistleblower and Reporting Obligations

Katharine A. Bostick
Assistant General Counsel Director of Compliance & Litigation, Greater China Region Corporate, External & Legal Affairs
Microsoft (China)

Bingna Guo
Partner
O’Melveny & Myers LLP (China)

  • Status report on the legislative and regulatory landscapes, and their impact on global anticorruption compliance and reporting
  • Recent investigations and prosecutions, and lessons learned
  • What does it mean to “cooperate” in the Chinese Government context?
  • How the Police, SAIC, Commerce Department and other key local agencies communicate with companies, and approach approvals and investigations
  • When a local agency can gain access to your employees’ laptops and other company property/proprietary information
  • What to do when your organization is approached by regulatory and enforcement officials, and the negotiation process with local AICs vs. federal
2:15pm
UK
Evolving Enforcement Risks, DPAs and the Future of the SFO

Bapsy Dastur
General Counsel & Legal Officer
Stolt Nielsen (UK)

Barry Vitou
Partner
Pinsent Masons (UK)

  • Current areas of focus for regulators and or prosecutors
  • Recent enforcement matters and their significance for companies in and out of the UK
  • Key developments impacting SFO investigations and priorities
  • The UK’s increased international co-operation on bribery enforcement matters
  • SFO pre-requisites for Deferred Prosecution Agreements (DPAs)
  • How authorities are applying sentencing guidelines to bribery cases
  • Increasing prevalence of whistleblower reports and the practical impact
  • How multinationals are updating their programs to mitigate UK-specific risk factors
3:15pm
Networking Break
3:30pm
INDIA
POCA Amendment Bill, Expanded Definition of “Public Servant” and Increasing Exposure for Individuals, Agents, and Local and Foreign Companies

Sajai Singh
Partner
J. Sagar Associates (India)

  • How the agencies have been monitoring anti-corruption compliance and approaching enforcement, including the Central Vigilance Commission (CVC), Central Bureau of Investigation (CBI) and Serious Fraud Investigation Office
  • The Supreme Court’s expanding definition of “public servant” under the Prevention of Corruption Act 1988
  • The no-exception rule for facilitating payments
  • Amendments sought buy the Prevention of Corruption (Amendment) Bill 2013:
    • prosecution of bribe givers
    • including commercial organizations under the rubric of “bribe giver’”
    • timeframe for completing trials
  • Specific restrictions with respect to hospitality, including gifts, travel, meals and entertainment
  • Scope of potential liability for individuals and corporations, as well as agents and foreign companies
  • Identifying key risk areas during the approval process when dealing with various government agencies
4:15pm
UAE
New Anti-Corruption Initiatives and the Increased Regional Focus on Compliance

Ibtissem Lassoued
Partner
Al Tamimi & Co (UAE)

  • Recent developments, including the amendment to the UAE Penal Code
  • How active and passive bribery, embezzlement and abuse of functions are criminalized under the Penal Code
  • How gifts, hospitality and facilitation payments are treated under the UAE’s anti-corruption framework.
  • The evolving regulatory, anti-corruption compliance and enforcement environments, and their impact on local culture and business in the region
  • The prevalence of state-owned entities in these countries and the anti-corruption implications
4:45pm
NIGERIA
Legal, Regulatory, Enforcement and Political Developments Affecting Multinationals

Olukayode Dada
Udo Udoma & Belo-Osagie (Nigeria)

  • How the current laws are interpreted and applied:
    • Criminal Code
    • Corrupt Practices and Other Related Offences Act
  • Prohibition on accepting or giving gifts, and facilitation payments
  • Update on recent corruption investigations
  • How much international co-operation and information sharing is happening between Nigeria, Europe and the United States on corruption matters
5:15pm
Seminar Concludes