The Cartel Immunity and Leniency Program: What You Need to Know
Immunity and leniency programs in the U.S. are being improved to heighten effective enforcement and prosecution of cartel conduct.
The Corporate Leniency Policy adopted by the U.S. Department of Justice (DOJ) encourages reporting and self-disclosure of cartel conduct by providing complete immunity from criminal prosecution for the whistleblowing companies or individuals who meet the leniency requirements. Last year, the DOJ released a public commentary to clarify previous guidance on how the government will implement its discretion as to Foreign Corrupt Practices Act (FCPA) violations, mainly for those firms who “do the right thing” and self-report violations.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest significant issues surrounding the cartel immunity and leniency programs in the U.S. This LIVE Webcast will offer companies with best practices in applying for leniency and maintaining robust compliance policies and procedures that deter relevant violations.
This LIVE Webcast will discuss the following key provisions:
- The Corporate Leniency Policy of the U.S. - Overview
- Recent Developments and Enforcement Actions
- Notable Cases in the U.S.
- Requirements and How to Apply for Leniency in the U.S.
- Compliance Tips and Strategies
Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Applying for Leniency: a step-by-step explanation from that first phone call through to the granting of the conditional leniency letter.
- Leniency Isn’t Free: Cooperation with regulators and civil plaintiffs across the globe will take its toll.
- The Weakening of Leniency: increasing costs and recent DOJ losses remind us that leniency is a cost-benefit analysis.
Morrison & Foerster LLP
- The U.S. leniency program – what is required to qualify and why should a company consider self-reporting cartel conduct? (and risks if it uncovers illegal conduct but does not report)
- Leniency programs around the world – how do they vary and how does a company decide which to approach?
- Juggling cooperation with multiple jurisdictions – conflicting and burdensome demands
- The Leniency applicant’s Civil Case Implications – you’ve conceded liability, now what?
- The Individual Leniency policy – it isn’t only other corporate cartel members that report cartel conduct to the government– employees do too.
Who Should Attend:
- Antitrust and Competition Attorneys
- Corporate Lawyers
- Trade Regulation Officers
- Business Development Managers
- Chief Compliance Officers
- Private and Public Companies
- Multinational Companies
- Other Related and Interested Individuals
Joseph Bial regularly represents clients across a wide array of industries in high-profile antitrust and commercial litigation in federal district and appellate courts, as well as before state and federal regulatory agencies. Joe also has a particular expertise and extensive experience handling antitrust, international cartel and anti-monopoly cases in the United States and Asia, as well as in defending civil actions following grand jury and government investigations.
Joe has been an Adjunct Professor at George Mason School of Law and at the University of Alaska College of Business and Public Policy. He also taught the introductory Econometrics course for Ph.D. (Economics) students at George Mason University. Prior to Paul, Weiss, Joe worked as an economist at the White House Office of Management and Budget and has also testified as an economic expert and consulted as an economist.
Mr. Bial received his JD from the University of Chicago Law School, his Ph.D. in Economics from the University of Arizona and his undergraduate degree from Miami University.
Joseph Bial regularly represents clients across a wide array of industries in high-profile antitrust and commercial litigation in federal district …
Lisa Phelan, one of the world’s leading authorities in cartel enforcement, recently joined Morrison & Foerster LLP as a partner in our Global Antitrust Law Practice and Investigations + White Collar Groups. Lisa comes to the firm after serving as the most senior ranking U.S. government lawyer on criminal antitrust and cartel matters.
For the last 16 years, Lisa was Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division at the Department of Justice, after previously serving as a senior criminal litigator. Lisa supervised and coordinated all investigative and litigation work on international and national criminal cartel cases, managing investigations and prosecutions with cartel enforcers throughout the world. She has prosecuted more than 300 federal criminal cases, overseen dozens of jury trials, and obtained more than $6 billion in criminal fines. Few in the world have the breadth of her experience to counsel and represent clients through each step of a cartel investigation, leniency application, plea negotiation, or criminal jury trial. She is also an expert in the necessary components of effective compliance programs, and as an asset to companies in preventing antitrust problems before they arise. She has worked on complex antitrust matters across numerous major industries, including technology, financial services, aviation, automotive, shipping, paper, petroleum, chemicals, and pharmaceuticals.
Lisa Phelan, one of the world’s leading authorities in cartel enforcement, recently joined Morrison & Foerster LLP as a partner …
Print and review course materials
Method of Presentation:
General knowledge of antitrust/competition laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Paul, Weiss, Rifkind, Wharton & Garrison LLP
Paul, Weiss (www.paulweiss.com) is a firm of more than 1,000 lawyers with diverse backgrounds, personalities, ideas and interests who provide innovative and effective solutions to our clients’ most complex legal and business challenges. We take great pride in representing the world’s leading companies in their critical legal matters and most significant business transactions, as well as individuals and organizations in need of pro bono assistance.
About Morrison & Foerster LLP
With approximately 1,000 lawyers in 16 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies and other market leaders come to MoFo for knowledge, innovation and business aptitude. MoFo handles some of the world’s largest crossborder transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.