Best Practices in Dealing with FCPA ‘Red Flags’ in 2015
Overview:
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
Agenda:
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
Recommind
- 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 …
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 …
An intellectual property and antitrust litigator by experience, Mr. Hal Marcus began evangelizing legal technology to his colleagues at an …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
155336
NASBA Field of Study:
Business Law
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
About Recommind
Recommind is a leader in information intelligence, delivering breakthrough software applications that harness the power of information to solve concrete business problems. Recommind customers include AstraZeneca, BMW, Cisco, Clifford Chance, Marathon Oil, Morgan Lewis, the U.S. Securities and Exchange Commission (SEC), Swiss Re, the U.S. Department of Energy (DOE), White & Case and WilmerHale. Recommind is headquartered in San Francisco and has offices in New York, Boston, London, Sydney and Bonn, Germany. For more information go to www.recommind.com.
Website: https://www.recommind.com/
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.
Website: https://www.proskauer.com/
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.
Website: https://www.lw.com/
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.
Website: https://steinmanrodgers.com/
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