Global Trends in Corporate Regulatory Investigations in 2015 and Beyond
Investigation of money laundering, tax evasion, anti-trust, bribery and corruption, sanctions, data loss, and human rights and financial service regulations violations are growing globally.
The increasing regulation and investigation of businesses around the globe is an enormously difficult and financially challenging or even a financially devastating endeavour for many corporations. The U.S. Foreign Corrupt Practices Act (FCPA) settlements made by Avon in 2014 and by Diebold Inc., in 2013, were only two of the most publicized cases that resulted from these increased enforcement initiatives.
More than 90 corporations currently are facing US FCPA investigations. In 2012 the US Department of Justice imposed $1.35 billion in fines and the EU fined businesses €2.89 billion. US sanctions fines have risen 67% since 2010 and reached US$1billion in 2011.
Laws are being changed in China, India, Brazil, Indonesia, and many other countries will follow. Some countries are developing laws to retaliate against citizens of other countries; including those of the United States. These laws contribute greatly to the development of ethical and legal business practices. However, the consequence of such laws to the robustness of global commerce is un-certain.
Corporations of all types, especially multi-national corporations need to be aware of the ever changing regulatory conditions, and must develop sound policies and procedures to monitor, address, mitigate the risks of, and comply with a growing array of anti-corruption and other laws in the US and many other countries all over the world.
A panel of key thought leaders and practitioners assembled by The Knowledge Group will discuss the latest Global Trends in Corporate Regulatory Investigations in 2015 and Beyond, and help corporate staff and their counsel avoid the most common pitfalls and risk issues surrounding such regulation.
Key issues include that will be covered in this course are:
- Trends in Global Investigations
- Regulatory Complexities Affecting Compliance
- Increased Financial Penalties in E.U.
- Application of U.S. Laws in Other Countries
- Regulatory Risk Management
- Improved Compliance Management
- Retaliatory Regulation (Columbia)
DLA Piper LLP
- Increasing number of global whistleblowers and increased incentives for foreign whistleblowers
- Increasing collaboration among regulators (simultaneous raids and subpoenas etc.
- Companies are transitioning from reactive to proactive when it comes to monitoring, surveillance, and compliance with global regulations
- The escalation of regulatory activity across multiple industries and jurisdictions: Financial Services, Energy, Life Sciences
- Today’s tumultuous regulatory environment: multiple regulators’ competing laws and mandates that companies must adhere to
Orrick, Herrington & Sutcliffe LLP
- Privacy laws and handling multi-jurisdictional overlaps and regulatory issue
- Value of a compliance system, EU vs. US regulators
Saito Sorenson Lurie LLP
- Special Challenges facing companies headquartered outside of the US – logistical and cultural issues
- Challenges for multi-nationals - logistical issues
- Globalization issues. FATCA becoming more global
Who Should Attend:
- Chief Compliance Officers
- Compliance Program Directors
- Attorneys (Foreign Investment; National Security, International Trade Practice)
- International Contract Managers
- International Arbitration Law Attorneys
- International Trade Counsel
- Regulatory and Policy Managers
- Anti-Corruption Attorneys
- Attorneys and Consultants for Companies
- Multi-National Corporations
Lisa Tenorio-Kutzkey is a partner with DLA Piper, focusing exclusively on white collar matters in all phases of US federal government prosecution and investigation, with a specialty in criminal antitrust defense, FCPA and international internal investigations. Her practice is global in scope, with specific experience in Argentina, Belize, Brazil, Canada, Chile, China, Costa Rica, India, Ghana, Honduras, Hong Kong, Japan, Korea, Mexico, Philippines, Russia, Thailand and Venezuela. Lisa is a leader of DLA Piper's Global Cartel practice and a former trial attorney with the US Department of Justice, Antitrust Division and a former Special Assistant US Attorney for the US Attorney's Office for the Northern District of California. She is rated in Chambers (USA) and Legal 500 for white collar and antitrust matters.
Lisa Tenorio-Kutzkey is a partner with DLA Piper, focusing exclusively on white collar matters in all phases of US federal …
Matt Jackson is AVP & Head of US Delivery at Clutch Group. In this role, Matt works with Fortune 500 clients to develop, implement, and execute litigation and investigation matters and identifies risk and compliance issues companies face within their legal departments. Prior to Clutch Group, Matt worked for over a decade at Sidley Austin LLP, where he focused on complex e-discovery matters and developed and implemented strategies to maximize efficiency in large-scale discovery. Matt’s practice emphasized a holistic approach to data management for regulatory investigations and litigation discovery including ways to leverage institutional knowledge across matters, defensible but practical preservation policies, and non-linear review techniques. Matt has worked on a large scope of matters, including large DOJ second requests, multi-jurisdictional regulatory investigations, bankruptcy litigations, and mortgage-backed securities litigations involving the production of hundreds of millions of pages of documents. Matt has a wide range of e-discovery and regulatory experience, including in-house counsel experience in the technology industry, and has regularly consulted with clients in the financial services, technology, energy and gas, and life sciences industries on information management, discovery-readiness solutions and advising on developments in law and technology. Matt frequently writes articles for Inside Counsel, including his most recent piece on regulatory pressures within the Oil & Gas industry.
Matt Jackson is AVP & Head of US Delivery at Clutch Group. In this role, Matt works with Fortune 500 …
Jason M. Halper is the Co-Chair of Orrick’s Financial Institutions Litigation Practice. He is a seasoned litigator and trial lawyer with more than two decades of experience representing financial institutions, Fortune 500 companies, corporate directors and other clients in high-stakes corporate and securities litigation and financial regulatory matters. Jason also is a frequent speaker and author, including acting as a regular Guest Contributor to The Harvard Law School Forum on Corporate Governance and Financial Regulation and the Columbia Law School Blog on Corporations and the Capital Markets, and serving as an Adjunct Professor at the University of Pennsylvania Law School teaching Corporate Governance and Compliance. He has been recognized as a leader in his field by, among others, Chambers USA (“incredibly smart and very capable in the courtroom”), Legal 500 (“highly knowledgeable and capable” and “extremely good in the courtroom”), Benchmark Litigation as a national litigation “Star” and Best Lawyers in America. Mr. Halper’s community service activities include serving on the New York Regional Board and as Chair of the Lawyers Division of the Anti-Defamation League, and he sits on the Executive Board of the GlamourGals Foundation.
Jason M. Halper is the Co-Chair of Orrick’s Financial Institutions Litigation Practice. He is a seasoned litigator and trial lawyer …
Yasuhiro Saito, a partner at Saito Sorenson Lurie LLP, serves regularly as the lead counsel in complex business litigation and white collar crime / regulatory enforcement matters on behalf of major businesses – including banks, accounting firms, pharmaceuticals, manufacturers and other large multinationals – and their senior executives. Mr. Saito has handled a wide range of matters involving financial fraud, FCPA, federal false claims, accountants’ liability, lender’s liability, broker-dealer and investment advisor regulations, patent and intellectual property, and various types of dispute among major businesses. A noted authority on major corporate disputes/scandals, Mr. Saito has appeared as a commentator on network news programs and has been quoted and profiled in various major newspapers and magazines. Previously, Mr. Saito was a litigation partner at Carter Ledyard & Milburn LLP, and earlier the leader of Japan-related Litigation Practice Group at Hughes Hubbard & Reed LLP. From 1992 to 1994, he was a law clerk for Hon. John T. Elfvin, United State District Judge for the Western District of New York.
Yasuhiro Saito, a partner at Saito Sorenson Lurie LLP, serves regularly as the lead counsel in complex business litigation and …
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About DLA Piper LLP
DLA Piper is a global law firm with 4,200 lawyers worldwide. It provides its clients with legal and business solutions locally, regionally and internationally using integrated teams of lawyers with experience that spans a broad range of disciplines. DLA Piper is widely recognized for its pioneering approach and extensive geographic reach, which enables the practice to look after the business issues that matter to its clients - whether they are large or small. Clients of DLA Piper include single-owner startups, local and household name companies, multinationals, financial institutions, FTSE and Fortune 500 enterprises and their subsidiaries, public bodies and governments.
About Clutch Group
Founded in 2005 by top attorneys from leading firms and business process pioneers, Clutch Group has grown to a team of legal, technology and process experts in six offices across three continents. Clutch was built from the ground up to help General Counsels more effectively manage problems within Fortune 500 companies. Clutch combines its expertise in harnessing technology, implementing process and focusing on fact development to deliver risk-measured, cost-optimized solutions for clients. Clutch Group has been consistently ranked as a top provider by industry research as well as client satisfaction since its inception and has been recognized by industry authorities including Nelson Hall, the New York Law Journal, the International Association of Outsourcing Professionals (IAOP), Chambers Global, Frost & Sullivan, the Black Book of Outsourcing, and Dun & Bradstreet. For more information, visit https://www.clutchgroup.com.
About Orrick, Herrington & Sutcliffe LLP
Orrick focuses on counseling companies in the Technology, Energy & Infrastructure and Finance sectors globally. The firm offers market-leading practices in corporate/M&A, finance, litigation and intellectual property. Financial Times consistently recognizes Orrick among the most innovative firms in the North America and Asia Pacific markets. Law360 named Orrick among the "Practice Groups of the Year" in Technology, Intellectual Property and Restructuring for 2014. Recognizing Orrick's strong culture of client service excellence, mentoring, inclusion and community responsibility, The American Lawyer recently named the firm to its 10-Year A-List.
About Saito Sorenson Lurie LLP
Saito Sorenson Lurie LLP specializes in defending major businesses and their executives in white-collar criminal defense and high-stakes commercial litigation matters. It represents major multinationals, banks and other financial institutions, pharmaceutical and other manufacturers, and sovereign nations, in addition to some of the world’s largest law firms.