Anti-Corruption Compliance: Trends and Developments in 2017

Broadcast Date: Monday, August 21, 2017 from 3:00 pm to 4:00 pm (ET)

Business and Corporation (CLE), Recording

Overview:

Aggressive enforcement of the Foreign Corrupt Practices Act continues in 2017, and every U.S. company that does business outside the country is subject to its reach. The FCPA’s anti-bribery provisions require only minimal proof of “corrupt intent” in giving things of value to foreign government official, and companies have been prosecuted even for very small bribes. The law also makes it illegal for a company that reports to the Securities & Exchange Commission to have false or inaccurate books or records or to fail to maintain a system of internal accounting controls. Prosecutions and civil actions under the FCPA have risen steadily in the past eight years, as have penalties imposed by the SEC and the Department of Justice. A stand-alone anti-corruption compliance policy is a must, especially for US companies doing business in countries that expose them to a high risk of corruption.

In this LIVE Webcast, a panel of thought leaders brought together by The Knowledge Group will review recent FCPA litigation and enforcement developments. They will also give guidance on how companies can foster a culture of compliance through planning, training and setting up internal controls and due-diligence procedures, thereby reducing the risk of falling into the statute’s maw.

Key topics include:

Foreign Corrupt Practices Act
Key Risk Factors
Corruption Hotbeds
Litigation Activity
Enforcement Activity
Compliance Requirements
Anti-Corruption Compliance Policy
Culture of Compliance

Agenda:

Michael Huneke, Partner
Hughes Hubbard & Reed LLP

Neil Schumacher, Attorney
Paul Hastings LLP

Increasing international enforcement
1. U.K. (DPA trends), France (loi Sapin 2), China (Operations Fox Hunt and Skynet; Unfair Competition Law draft amendment), Brazil (Operation Car Wash), Korea (Improper Solicitation and Graft Act of Korea), Russia, Commonwealth of Independent States and Ukraine region.
2. Developments in anti-money laundering/anti-tax evasion and sanctions as drivers of discovery and investigation of corruption.
Increasing cross-border cooperation
1. U.S. DOJ and SEC acknowledgement of assisting of 24 countries.
2. Cooperation among governments and MDBs/NGOs.
3. Mechanisms, joint raids, and MLATS.
Multilateral Development Bank sanctions enforcement
1. Spotlight on World Bank enforcement and sanctions regime.
2. Discussion of mitigating factors (cooperation, internal investigations, disciplining responsible employees, and compliance programs) and highlights of what makes for an effective compliance program (with respect to the World Bank and otherwise).
Use of pre-resolution monitors
1. Alstom and Rolls Royce case studies.
International regulators’ reliance on new technologies
1. Technology assisted review and artificial intelligence.
2. Increasing threat of leaks, dumps, hacks, and other illegally obtained information in driving allegations and investigations.
Complexity of interplay between due diligence and arbitration/litigation
1. Trend of rejection of claims due to indications of corruption in investment treaty arbitration.
2. Timing, evidence, risk of disclosure, and protecting the company.

Who Should Attend:

Anti-Corruption Lawyers
Investigatory Counsel
Defense Attorneys
Corporate Counsel
Compliance Officers
Ethics Officers
Financial Officers
International Counsel
White Collar Crime Attorneys
FCPA Securities and Corporate Governance Attorneys
FCPA Practicing Lawyers
Other interested professionals

Michael Huneke Partner Hughes Hubbard & Reed LLP

Michael H. Huneke is a partner with significant experience conducting anti-corruption investigations and compliance program reviews. He advises clients in …

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Neil Schumacher Attorney Paul Hastings LLP

Neil Schumacher is a senior associate in the Litigation practice of Paul Hastings and is based in the firm’s Washington, …

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Course Level:
Intermediate

Advance Preparation:
Print and review course materials

Method of Presentation:
On-demand Webcast

Prerequisite:
Experience in corporate law or internal investigations

Course Code:
146228

NASBA Field of Study:
Business Law

NY Category of CLE Credit:
Skills

Total Credit:
1.0 CLE

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About Hughes Hubbard & Reed LLP

Hughes Hubbard & Reed LLP is an international law firm ranked for ten years, including five years in a row as the top-ranked New York-based firm, on The American Lawyer’s A-List of what the magazine calls “the top firms among the nation’s legal elite.” Our attorneys advise and represent clients in over 30 specialized practices from offices in New York, Washington, D.C., Paris, Los Angeles, Miami, Jersey City, Kansas City, and Tokyo.

Website: https://www.hugheshubbard.com/

About Paul Hastings LLP

Paul Hastings provides innovative legal solutions to many of the world’s top financial institutions and Fortune 500 companies in markets across Asia, Europe, Latin America, and the United States.

We offer a complete portfolio of services to support our clients’ complex, often mission-critical needs—from structuring first-of-their-kind transactions to resolving complicated disputes to providing the savvy legal counsel that keeps business moving forward.

Since the firm’s founding in 1951, Paul Hastings has grown steadily and strategically along with our clients and the markets we serve. We established successful practices in key U.S. and European cities, creating a broad network of professionals to support our clients’ ambitions. In addition, we were one of the first U.S. law firms to establish a presence in Asia, and today we continue to be a leader in the region. Over the past decade, we have significantly expanded our global network of lawyers to assist our clients in financial centers around the world, including the emerging markets of Latin America.

Today we serve our clients’ local and international business needs from offices in Atlanta, Beijing, Brussels, Chicago, Frankfurt, Hong Kong, Houston, London, Los Angeles, Milan, New York, Orange County, Palo Alto, Paris, San Diego, San Francisco, São Paulo, Seoul, Shanghai, Tokyo, and Washington, D.C.

Drawing on the firm’s dynamic, collaborative, and entrepreneurial culture, our lawyers work across practices, offices, and borders to provide innovative, seamless legal counsel—where and when our clients need us.

www.PaulHastings.com

Website: http://www.paulhastings.com/