Best Practices in Dealing with FCPA ‘Red Flags’ in 2015
The Foreign Corrupt Practices Act ("FCPA") is the primary tool employed by the U.S Department of Justice and Securities Exchange Commission to combat international corruption. In the last decade, the fines and penalties imposed by the enforcement agencies for FCPA violations have skyrocketed. As heightened FCPA enforcement enters its second decade, the FBI has announced three new specialized “squads” to actively seek out FCPA violations. Now more than ever, recognizing the signs of potential FCPA violations – so-called red flags -- is crucial. Every company doing business overseas must develop the tools to identify red flags and take appropriate steps to address them in order to avoid costly FCPA violations.
In this two-hour LIVE webcast, a panel of distinguished professionals and thought leaders will help companies better understand the important aspects of this significant topic. They will provide an in-depth discussion of the FCPA. Speakers will also offer practical steps for dealing with common FCPA red flags.
Key issues that will be covered in this course are:
- Foreign Corrupt Practices Act – An Overview
- FCPA Anti-bribery Provisions
- Common Red Flags
- Practical Risk Mitigation Strategies
- FCPA Violations, Enforcement Actions and Penalties
Proskauer Rose LLP
- FCPA - The Anti-Bribery Provision
- Elements of Violation
- Who is subject to the FPCA anti-bribery provisions?
- What qualifies as “anything of value”?
- Proving Corrupt Intent
- Who may count as a foreign official?
- Business purpose test
- Vicarious liability
- Exceptions and affirmative defenses
- Gifts & Hospitality
- What should trigger a red flag?
Latham & Watkins LLP
- FCPA: The Accounting Provisions
- Books and Records Provision - Section 13(b)(2)(A)
- Internal Controls Provision - Section 13(b)(2)(B)
- Internal Control - Design Deficiencies
- Internal Control - Operational Failures
- Common Accounting Provision Violations
- Common Areas Where Mischaracterization Occurs
- Case Study
- Case Study – Avon
Steinman & Rodgers LLP
- Common Third Party Red Flags and How to Deal with Them
- What third parties should you worry about?
- Failure or Refusal to Respond to Due Diligence
- Refusal to Agree to Compliance Reps and Warranties
- Compensation Issues
- FCPA issues with respect to technology
Who Should Attend:
- Criminal and Civil Litigators
- Compliance and Ethics Managers
- International Arbitration Law Attorneys
- FCPA Securities and Corporate Governance Attorneys
- Governance Lawyers
- White Collar Attorneys
- Litigation Officers
Phil Caraballo is a senior associate in Proskauer’s White Collar Defense & Investigations Group. Phil represents clients in government investigations and prosecutions involving an array of federal crimes, including FCPA, insider trading, tax evasion, and money laundering charges. He regularly guides corporate clients through FCPA internal investigations and due diligence processes.
Phil served as a clerk to Judge Norma L. Shapiro of the U.S. District Court for the Eastern District of Pennsylvania. He is a founding editor of Proskauer’s Corporate Defense and Disputes blog, where he frequently writes on FCPA enforcement issues.
Phil Caraballo is a senior associate in Proskauer’s White Collar Defense & Investigations Group. Phil represents clients in government investigations …
Eric Ubias is a litigation associate in the Washington, D.C. office of Latham & Watkins. His practice focuses primarily on white collar and governmental investigations, particularly in the areas of Foreign Corrupt Practices Act internal investigations and compliance, securities fraud and antitrust and competition law. Representative industries include airline, healthcare products and services, geothermal energy, and oil and gas with a particular focus on representation of clients in Asia and Latin America.
Mr. Ubias has an active pro bono practice, which includes representation of Hurricane Katrina victims before the Mississippi Development Authority, D.C. Code felons in federal parole hearings, an HIV/AIDS patient in deportation proceedings, and a juvenile seeking Special Immigrant Juvenile Status in before a state appeals court.
While in law school, Mr. Ubias was a notes and comment editor of the Tax Lawyer, participated in Institute for Public Representation Environmental Law clinic and interned with Judge Ricardo Urbina of the U.S. District Court for the District of Columbia. Mr. Ubias is a member of the Hispanic Bar Association of the District of Columbia and is fluent in Spanish.
Eric Ubias is a litigation associate in the Washington, D.C. office of Latham & Watkins. His practice focuses primarily on white …
Mr. Steinman has been providing advice to multinational companies regarding the Foreign Corrupt Practices Act (the “FCPA”) and other anti-corruption laws for over two decades, and is considered to be one of the leading FCPA lawyers in the United States. Prior to establishing Steinman & Rodgers, Mr. Steinman was the head of the international practice group at a major U.S. law firm.
Mr. Steinman’s practice focuses primarily on FCPA issues in the defense and aerospace and food industries, and he is considered an authority on the engagement of overseas sales representatives, consultants, distributors/resellers and logistics services providers. Mr. Steinman is also frequently called upon to assist clients with respect to internal investigations and compliance reviews. In addition, he has represented foreign sovereigns regarding anti-corruption matters, most recently in West Africa and the Caribbean.
Mr. Steinman is an Adjunct Professor of Law at the George Washington University Law School, teaching a course on international negotiation, and is a regular lecturer on FCPA matters at national conferences, international fora and in-house training programs. He previously served as Vice Chair of the ABA International Section’s Aerospace and Defense Industries Committee. Mr. Steinman received his J.D. from the Harvard Law School in 1993, and graduated summa cum laude from the University of Vermont in 1990.
Mr. Steinman has been providing advice to multinational companies regarding the Foreign Corrupt Practices Act (the “FCPA”) and other anti-corruption …
An intellectual property and antitrust litigator by experience, Mr. Hal Marcus began evangelizing legal technology to his colleagues at an Am Law 100 Wall Street firm before moving west and joining LexisNexis, commencing a career in litigation technology that now spans two decades and includes executive and general counsel roles at LiveNote, Law.com, and Thomson Reuters. An accomplished public speaker and industry writer, Mr. Marcus has led hundreds of MCLE presentations and conference seminars, and contributed to publications by ILTA and the ABA Litigation Section. Today, Mr. Marcus is excited to bring his diverse experience to Recommind’s product marketing team, helping to education litigation professionals worldwide on some of the most exciting eDiscovery technology available.
Mr. Marcus earned his J.D. from the University of Michigan Law School and his B.A. from Wesleyan University.
An intellectual property and antitrust litigator by experience, Mr. Hal Marcus began evangelizing legal technology to his colleagues at an …
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About Proskauer Rose LLP
Proskauer’s White Collar Defense & Investigations Group represents corporations, boards of directors, firm management and private investment funds in criminal defense, regulatory enforcement matters, and internal investigations. As former prosecutors and enforcement lawyers, Proskauer’s white collar lawyers have insight into the evolution and intricacies of regulatory and enforcement actions, and significant experience in federal and state criminal proceedings and internal investigations. Proskauer is especially equipped to handle the multi-faceted, sensitive issues faced by businesses and executives in the midst of an emergency, or in working to avoid one.
Proskauer is a global law firm with roots that go back to 1875, when we were founded in New York City. With 700+ lawyers active in 13 offices worldwide, we are recognized for our legal excellence and our dedication to client service. In addition to New York, we have offices in Beijing, Boston, Chicago, Hong Kong, London, Los Angeles, Paris, São Paulo and Washington, D.C., as well as Boca Raton, Newark and New Orleans.
About Latham & Watkins LLP
Latham & Watkins is a full-service international law firm that provides clients across the globe with exceptional legal services and innovative solutions to their most complex business issues and disputes. Consistently ranked among the world’s premier business law firms with internationally recognized practices across a wide spectrum of transactional, litigation, corporate and regulatory areas, the firm earns praise worldwide for work on high-profile and groundbreaking matters. Truly a “one-firm” firm, Latham has approximately 2,000 attorneys in 32 offices and no headquarters, which allows Latham to provide the most collaborative approach to client service.
About Steinman & Rodgers LLP
Steinman & Rodgers LLP is a boutique law firm in Washington, D.C. specializing in international anti-corruption matters, particularly including the Foreign Corrupt Practices Act (“FCPA”). Steinman & Rodgers attorneys have more than five decades of combined experience providing a full range of anti-corruption legal services. The firm’s attorneys previously practiced at large law firms before establishing a highly specialized anti-corruption boutique.
Steinman & Rodgers is recognized as a leading firm in the area of anti-corruption compliance and due diligence requirements. The firm assists many of its clients with the review and engagement of overseas sales representatives, consultants, distributors/resellers and joint venture partners. Steinman & Rodgers is regularly called upon to conduct pre-acquisition anti-corruption due diligence on potential target companies. Steinman & Rodgers attorneys also have substantial experience in assisting clients to develop new, or refine existing, anti-corruption policies and procedures.
In addition to helping clients comply with anti-corruption requirements, Steinman & Rodgers attorneys successfully represent clients when potential or actual problems arise. The firm regularly assists clients in conducting internal investigations and defending against government enforcement actions.
Our clients consist primarily of Fortune 250 companies across numerous industries, including aerospace and defense, food, financial services, transportation, life sciences and trade associations.
As a boutique firm, Steinman & Rodgers has complete flexibility to offer alternative billing structures, including fixed fee arrangements. Moreover, the firm’s low overhead allows it to offer extremely competitive hourly rates.