HomeWebcastChinese Companies in the Crosshairs: Significant Anticorruption and Antibribery Considerations Under the DOJ’s China Initiative
Online CLE Anticorruption Antibribery CLE

Chinese Companies in the Crosshairs: Significant Anticorruption and Antibribery Considerations Under the DOJ’s China Initiative

Live Webcast Date: Tuesday, July 09, 2019 from 10:00 am to 11:30 am (ET)
CLE White Collar CrimeLive Webcast
Add to Calendar 07/09/2019 9:00 am 07/09/2019 11:30 am America/New_York The Knowledge Group Webinar: Chinese Companies in the Crosshairs: Significant Anticorruption and Antibribery Considerations Under the DOJ’s China Initiative The event starts in an hour. If you have not registered, please go to the link below to sign up today.https://www.theknowledgegroup.org/checkout/?add-to-cart=123984\r\n Intended to counter China’s perceived national security threats, the U.S. Department of Justice (DOJ) has launched its new "China Initiative," a task force that will probe China’s industrial espionage. The initiative will be implemented through significant strategies which include identifying and prioritizing Foreign Corrupt Practices Act (FCPA) lawsuits that involve Chinese businesses competing with U.S. companies. A heightened scrutiny on Chinese companies by the U.S., along with other countries, is expected. \n \nMore than ever, effective anti-bribery and corruption guidelines aimed towards FCPA compliance should be developed and maintained by these Chinese businesses. \n \nIn this LIVE Webcast, a panel of key thought leaders organized by The Knowledge Group will provide an overview to help you understand the critical elements of the new initiative and its potential effects on Chinese businesses. Speakers will also offer best practices in developing and implementing a robust anti-corruption compliance program in light of the recent updates and developments surrounding the initiative. \n \nKey topics include: \n \n \n The “China Initiative” – An Overview \n Recent Updates and Developments \n Implications on Chinese Companies \n Risks and Pitfalls \n Best Compliance Practices \n https://www.theknowledgegroup.org/webcasts/chinese-companies-in-the-crosshairs/

Online CLE Anticorruption Antibribery

Join us for this Knowledge Group Online CLE Anticorruption Antibribery Webinar. Intended to counter China’s perceived national security threats, the U.S. Department of Justice (DOJ) has launched its new "China Initiative," a task force that will probe China’s industrial espionage. The initiative will be implemented through significant strategies which include identifying and prioritizing Foreign Corrupt Practices Act (FCPA) lawsuits that involve Chinese businesses competing with U.S. companies. A heightened scrutiny on Chinese companies by the U.S., along with other countries, is expected.

More than ever, effective anti-bribery and corruption guidelines aimed towards FCPA compliance should be developed and maintained by these Chinese businesses.

In this LIVE Webcast, a panel of key thought leaders organized by The Knowledge Group will provide an overview to help you understand the critical elements of the new initiative and its potential effects on Chinese businesses. Speakers will also offer best practices in developing and implementing a robust anti-corruption compliance program in light of the recent updates and developments surrounding the initiative.

Key topics include:

  • The “China Initiative” – An Overview
  • Recent Updates and Developments
  • Implications on Chinese Companies
  • Risks and Pitfalls
  • Best Compliance Practices

Who Should Attend

  • Chinese Companies
  • Anti-Bribery and Corruption Officers
  • FCPA Practicing Lawyers
  • Corporate Counsel   
  • Compliance Executives
  • Top Level Management

Faculty

Online CLE Anticorruption Antibribery
Kent Kedl
Senior Partner
Control Risks
Online CLE Anticorruption Antibribery
Mimi Yang
Partner
Ropes & Gray LLP
Online CLE Anticorruption Antibribery
Gary Gao
Equity Partner
Zhong Lun Law Firm

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Online CLE Anticorruption Antibribery

Kent Kedl, Senior Partner
Control Risks
  • Chinese government reaction should the China Initiative be broadly applied
  • Connections to existing industrial policies (i.e. Made in China 2025) and regulatory policies (“Unreliable Entities”)
  • Potential impacts to foreign MNCs operating in China and/or working with Chinese suppliers/partners
  • Steps foreign MNCs can take now to understand threat exposure and mitigate risk

Mimi Yang, Partner
Ropes & Gray LLP
  • Original China Initiative memo highlights theft of IP/trade secrets issues, but the one line near the end of the memo noted “Identify [FCPA] cases involving Chinese companies that compete with American businesses,” signaling the willingness of US DOJ to go after Chinese companies in this space, which is quite unusual.  Does it set a precedent by explicitly using the FCPA as a tool to protect US companies from foreign competition?  This actually goes against the main policy goals of the FCPA.
  • Does the China Initiative hinder future cooperation between the two countries in combatting actual corruption?
  • How far does jurisdiction expand beyond “issuers” of securities?  This includes ADRs, using the Wire Act, etc.
  • Previous FCPA cases against Chinese companies (as opposed to MNCs) are relatively rare – RINO and Keyuan are the only recent examples (and they are not so recent).  But this can also be used against individuals (see, e.g., Patrick Ho case)
  • Focus on companies with “emerging and foundational technologies”?  What is expected of a Chinese companies’ ABAC program?  Recent DOJ Corporate Enforcement Policy Guidance may help companies address this.

Gary Gao, Equity Partner
Zhong Lun Law Firm
  • Macro analysis of trade tension between two giants at angles of politics, culture and law
  • Not just Chinese companies, but also its senior management now are facing legal risks
  • Change in thinking——that is what mostly needed by Chinese companies right now
  • What actions the Chinese government may take to protect its own companies

Online CLE Anticorruption Antibribery

Online CLE Anticorruption Antibribery

Kent KedlSenior PartnerControl Risks

Kent is a Senior Partner in Control Risks, Greater China and North Asia. He is responsible for Control Risks’ practices across mainland China, Hong Kong, Macau, Taiwan, the Koreas and Mongolia. He has worked in Asia since the early 1980s.

Kent has consulted with multi-national and Asian corporations on a range of risk and strategy issues; such as M&A and organic growth strategy, crisis management and operational business controls, and strategic and organizational development programs. Kent has particular expertise in the Asia-Pacific healthcare, food and beverage, and consumer products sectors.

Kent has a bachelor’s in English and a master’s in East Asian studies from the University of Minnesota. He also completed graduate studies in journalism and mass communication at the China Times Centre for Mass Media and Social Studies.

Online CLE Anticorruption Antibribery

Mimi YangPartnerRopes & Gray LLP

Mimi Yang is a partner of Ropes & Gray LLP. Mimi has extensive experience in private securities litigation, U.S. DOJ and SEC enforcement matters, and internal investigations. In this context, she has represented companies, board committees, and individual officers and directors, and has conducted numerous internal corporate investigations and due diligence matters involving complex accounting and disclosure issues, whistleblower claims, trade secrets issues, and potential violations of the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. Mimi regularly writes on topics involving trade secrets, presents on the topics involving trade secrets to companies in various industries, and is uniquely positioned to help Chinese and US companies navigate the new enforcement landscape (typified by the U.S. regulators’ recently announced China Initiative) given her background in criminal enforcement matters, civil litigation, and her native bilingual skills.

Online CLE Anticorruption Antibribery

Gary GaoEquity PartnerZhong Lun Law Firm

Mr. Gary Gao is the Partner and the Head of Compliance Team of Beijing Zhong Lun Law Firm. So far, Mr. Gao has practiced law for about 24 years, which makes him an experienced lawyer. Mr. Gary Gao was consecutively recommended in Corporate Investigation/Anti-bribery by Chambers Asia-Pacific 2019 and Chambers Asia-Pacific 2018.  Besides, Mr. Gary Gao was honored as the 2019 “Band 1 Lawyer of Compliance” by LegalBand, the 2017 “Regulatory & Compliance Lawyer of the Year” by China Law & Practice and the 2016 “Client Choice Top 20 Lawyer” by ALB.

Online CLE Anticorruption Antibribery

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   Live Webcast

Prerequisite:
   General knowledge of anticorruption and antibribery laws

Course Code:
   148140

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    1.5 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Control Risks is a specialist risk consultancy. The firm is committed to helping clients build organisations that are secure, compliant and resilient in an age of ever-changing risk and connectivity.

Responsible risk taking is at the core of their clients’ success. Control Risks has unparalleled experience in helping clients solve the challenges and crises that arise in any ambitious organisation seeking to convert risk into opportunity globally. The insight and depth of experience they have gained over more than forty years proves invaluable in giving their clients the intelligence they need to grasp opportunities with greater certainty.

Control Risks clients include national and multinational businesses in all sectors, law firms, government departments from many parts of the world and an increasing number of non-governmental organisations.

With offices in every region and time zone, Control Risks is positioned to helping you wherever and whenever required.

Website: https://www.controlrisks.com/

Ropes & Gray is a renowned international law firm, with a global team of 1,400 professionals, whose top-notch skills, varied backgrounds and unique perspectives can help our clients meet high-stakes challenges, solve complex problems and reach their goals. An international presence, the firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul.

Many of the world’s most respected companies and institutions are longtime clients. We also serve many organizations (and investors and individuals) at all stages of the business life cycle, from start-ups to establishment as industry leaders. They come back to us year after year to handle their most important matters. They do so, they say, because we understand their businesses, we are easy to work with and we get results.

The firm is built on a foundation of delivering a premier, value-added service at a reasonable cost. Because our clients have unique business needs, including in some cases a preference to work on the basis of alternative fee arrangements, we are flexible and creative in designing custom-tailored pricing plans where appropriate.

Ropes & Gray has always focused on providing clients with the highest quality advice on their most critical legal and business needs. We are a thoroughly contemporary firm that can bring 150 years of legal and institutional history to bear on the challenges clients face in today’s global, networked, 24/7 environment. Our collaborative approach means that our clients have ready access to leading corporate, litigation, transactional and regulatory lawyers whose knowledge and experience span industries and geographies.

Website: https://www.ropesgray.com/

Founded in 1993, Zhong Lun is one of the largest law firms capable of providing a complete spectrum of legal services in China, with over 290 partners and more than 1900 professionals working in sixteen offices strategically located in Beijing, Shanghai, Shenzhen, Guangzhou, Wuhan, Chengdu, Chongqing, Qingdao, Hangzhou, Nanjing, Tokyo, Hong Kong, London, New York, Los Angeles and San Francisco.

Zhong Lun’s outstanding work has achieved broad recognition and its practice groups and lawyers are frequently cited and recommended in their respective markets by distinguished legal media groups such as Chambers & Partners, Asia Law & Practice, Asian Legal Business, International Financial Law Review and others.

Website: http://www.zhonglun.com/

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