Bribery and Corruption Risk Mitigation Amidst Intensified Global Legislation in 2016
Eliminating corruption often seems like an impossible task. In fact, it may well be impossible because ‘corruption’, however defined, is inherent to most cultures and is ingrained in the very fabric of commerce. Participants in today’s global marketplace face the dual challenges of building cross-border business in this environment while at the same time building and implementing a culture of compliance that is responsive to ever-increasing regulatory expectations and enforcement with respect to corrupt payments.
In the US, the Foreign Corrupt Practices Act (FCPA) bans payments by individuals and businesses, to foreign government officials or political parties in an attempt to obtain an advantage in business. FCPA enforcement is increasing dramatically and immense and often crippling criminal and civil enforcement penalties are becoming more and more common. Companies doing business overseas need to understand the risk profile of their operations, implement a credible anticorruption compliance infrastructure, and send a clear message to employees and counterparties that bribery will not be tolerated. Failure to do so poses the risk of more than just legal fines and penalties. The consequences include damaged business reputation, loss of competitiveness, debarment, business failure, and ruined families.
Fines and other penalties associated with FCPA enforcement actions routinely rise to the level of hundreds of millions of dollars. Public companies, investment funds and other global markets participants can find themselves losing billions in market value in addition to fines paid and business lost. What can companies can do to protect themselves? The Department of Justice and Securities and Exchange Commission in 2012 released a guide that articulates the hallmarks of effective compliance programs. Although an effective corporate policy will vary depending on size and type of company, governing anti-bribery laws, and the risks of corruption, several overarching practices can be recommended including: communication and training, risk assessment, compliance, oversight, and due diligence.
In this two-hour LIVE Webcast, a notable panel of thought leaders and professionals organized by The Knowledge Group will review recent cases and discuss how your firm can address Bribery and Corruption Risk Mitigation Amidst Intensified Global Legislation in 2016. The panel of speakers will offer a broad selection of nationally and internationally oriented best practices to avoid litigation, fines, and the concomitant damaging effects.
Some of the major topics that will be covered in this course are:
- Foreign Corrupt Practices Act (FCPA) – An Overview
- FCPA Liability Risks
- FCPA Enforcement & Reporting Requirements
- Local and International Regulatory Developments and Trends
- Anti-bribery Compliance Policies and Procedures
- Bribery & Corruption Risk Mitigation Methods
- Training, Oversight, & Due Diligence
- Effective Anti-Bribery & Corruption Programs
- Regulatory Updates
William P. Barry, Partner
Richards Kibbe & Orbe LLP
José P. Ceppi, Of Counsel
Miller, Canfield, Paddock and Stone, P.L.C.
Courtney Trombly, Partner
King & Spalding
- Anti-corruption enforcement continues to be an area of intense focus for U.S. and international regulators alike. As new anti-corruption laws crop up in jurisdictions around the globe, and as cross-border cooperation between enforcement authorities increases in both frequency and effectiveness, doing business internationally has become riskier and more heavily scrutinized than ever before.
- Whether a major multinational giant or a small or mid-sized enterprise, the best way to mitigate the mounting risk is to design and implement a global compliance program that: is based on an assessment of your operation’s specific risks and needs; incorporates best practices and lessons learned from the current enforcement environment and recent developments; and is brought to life through a system of effective internal controls and monitoring efforts.
- With a focus on recent anti-corruption developments and enforcement activity, the panel will discuss the most effective risk mitigation strategies with a focus on the following key areas:
- Analysis of the current enforcement environment, particularly with respect to current enforcement focus in the areas of books and records and internal controls;
- Discussion of the hallmarks of an effective anti-corruption compliance program, and how to tailor particular aspects to your specific risks and unique circumstances;
- Effective monitoring strategies to ensure continued effectiveness and review.
Who Should Attend:
- International Arbitration Law Attorneys
- FCPA Securities and Corporate Governance Attorneys
- Governance Lawyers
- White Collar Attorneys
- Compliance and Ethics Managers
- Criminal and Civil Litigators
- Litigation Officers
- Other related/interested Professionals and Organizations
William Barry is a partner and the co-chair of the Litigation Department at Richards Kibbe & Orbe LLP. He regularly advises clients on a broad range of issues involving securities enforcement, white collar and securities fraud litigation, as well as compliance with The Foreign Corrupt Practices Act, money laundering and insider trading requirements.
Mr. Barry guides clients through the complex issues involved in responding to inquiries from domestic and international regulators regarding issues of accounting fraud, foreign bribery and other financial crimes. He also represents clients responding to competing demands in parallel proceedings, such as internal reviews, government investigations and private civil actions.
Mr. Barry has been recognized in the area of White Collar Criminal Defense by The Legal 500 United States and has been designated as a Certified Anti-Money Laundering Specialist by ACAMS. He also serves as a member of the American Bar Association’s International Anti-Money Laundering Committee and International Anti-Corruption Committee.
William Barry is a partner and the co-chair of the Litigation Department at Richards Kibbe & Orbe LLP. He regularly …
José P. Ceppi is Of Counsel with the international law firm Miller, Canfield, Paddock and Stone, P.L.C., based at its office in Troy, MI. His practice is centered on international distribution, mergers and acquisitions, divestitures, corporate and commercial law, corporate governance, international transactions, joint ventures and U.S. legal compliance.
José’s practice is especially focused on Latin American markets, on which he has nearly twenty years of substantial experience. He has engaged in significant matters in virtually every major Latin American market over this period.
He joined Miller Canfield following a 17-year career with Chrysler Group LLC, where, as Assistant General Counsel, he was responsible for legal matters of the company’s international operations, as well as providing strategic advice and counsel to senior management. José was instrumental in Chrysler’s expansion of its international distribution operations to over 100 markets throughout the world. He represented the company, or its affiliates, in major commercial and corporate matters across the globe including joint venture agreements, acquisitions, divestitures, arbitrations, distribution agreements, licensing, government negotiations, regulatory matters, competition and legal compliance issues.
José P. Ceppi is Of Counsel with the international law firm Miller, Canfield, Paddock and Stone, P.L.C., based at its …
Courtney D. Trombly is a partner in the Special Matters and Government Investigations Practice Group at King & Spalding. Her practice focuses on white-collar criminal defense, Foreign Corrupt Practices Act matters, and internal corporate investigations.
Prior to joining King & Spalding, Ms. Trombly served for over three years as an Assistant United States Attorney in the Middle District of Tennessee, where she was a member of the Criminal Division’s White Collar and Corporate Fraud Unit. She served as lead counsel on dozens of investigations into white collar crime, including public corruption, money laundering and securities, bank, ERISA, mail, wire, health care and bankruptcy frauds. She also prosecuted counterfeiting, computer, narcotics, weapons, child exploitation and environmental crimes. During her tenure, Ms. Trombly was lead counsel for the United States on several high-profile federal jury trials, presented dozens of cases to the grand jury, and appeared in federal court for numerous legal and evidentiary hearings. She also represented the United States as lead counsel on briefs and oral arguments before the United States Courts of Appeals for the Second and Sixth Circuits on several occasions.
Since joining the firm, Ms. Trombly’s practice has focused on assisting multinational corporations with Foreign Corrupt Practices Act investigations and compliance in multiple foreign countries.
Courtney D. Trombly is a partner in the Special Matters and Government Investigations Practice Group at King & Spalding. Her …
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About Richards Kibbe & Orbe LLP
Richards Kibbe & Orbe LLP has long been a go-to firm in the fields of cross-border enforcement, government investigations and criminal defense. We have a proven record of navigating difficult regulatory and criminal issues, from high profile investigations, parallel criminal and regulatory proceedings to the latest hot-button international enforcement situations.
For 25 years, RK&O has helped clients facing potential scrutiny in multiple jurisdictions and confronting severe civil, criminal and reputational penalties. Our highly skilled team draws on the key attributes of the firm: our renowned white-collar practice, our proficiency in regulatory counseling, our ability to seamlessly manage parallel proceedings and our vast cross-border experience.
The RK&O team understands the enforcement perspective and can foresee future challenges lurking around the corner. We deeply understand the importance of international cooperation and the complications of regulatory exposure in multiple jurisdictions.
About Miller, Canfield, Paddock and Stone, P.L.C.
Miller Canfield is a full service global law firm representing clients in international transactions; mergers & acquisitions; joint ventures; international arbitration; export controls; real estate; economic incentives; intellectual property; public-private partnerships; and litigation. Clients include multi-national manufacturers, global retailers, financial institutions, public institutions including universities, and privately held companies in industries spanning automotive and next generation vehicles; consumer products; technology; financial services and more. Miller Canfield has 250+ lawyers in 15 offices in the U.S., China, Mexico and Poland and has an associated office in Canada. It is a founding member of The Legal Alliance of the Americas. For more information, visit www.millercanfield.com.
About King & Spalding
Celebrating more than 125 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.