FCPA Guidance: Effective Benchmarks for Your Anti-Corruption Compliance Program
Since its enactment, the Foreign Corrupt Practices Act (FCPA) has been a major catalyst behind anti-corruption investigations and enforcement actions around the world. With its intensive scrutiny, it is crucial for companies to have sound anti-corruption programs that will detect and minimize violations of law and common anti-corruption risks. However, mitigating these challenges can be an arduous way up to secure a full-fledged compliance program.
In a two-hour LIVE Webcast, listen as an authoritative panel of key thought leaders and professionals assembled by The Knowledge Group gives an in-depth discussion of the complex landscape of criminal and civil laws enacted to combat transnational bribery. Speakers will also provide an overview of the FCPA and other international anti-corruption initiatives and will offer a roadmap in benchmarking an internal compliance program that will follow an increasingly global framework of anti-corruption statutes.
Key topics include:
- FCPA: Current Trends
- Anti-Bribery and Accounting Provisions
- Common Anti-Corruption Risks
- Mitigating Anti-Bribery Risks
- Key Considerations in Corruption Risk Assessments
- Self-Reporting Pilot Program
- Best Compliance Practices
- Risk Factor Management
Abigail N. Bortnick, Counsel
King & Spalding
Brittany Prelogar, Partner
STEPTOE & JOHNSON LLP
Donald J. DeGabrielle, Partner
Lewis Brisbois Bisgaard & Smith LLP
Livia Zamfiropol, Partner
- DOJ/SEC FCPA Resource Guide: Hallmarks of Effective Compliance Programs
- Commitment from Senior Management and a Clearly Articulated Policy Against Corruption (Abigail)
- Code of Conduct and Compliance Policies and Procedures (Abigail)
- Oversight, Autonomy, and Resources (Abigail and Livia)
- Risk Assessment (Brittany)
- Training and Continuing Advice (Brittany)
- Incentives and Disciplinary Measures (Donald)
- Third-Party Due Diligence and Payments (Brittany)
- Confidential Reporting and Internal Investigation (Donald)
- Continuous Improvement: Periodic Testing and Review (Livia)
- Mergers and Acquisitions: Pre-Acquisition Due Diligence and Post-Acquisition Integration (Livia)
Who Should Attend:
- In-House Counsel
- FCPA Securities and Corporate Governance Attorneys
- Regulatory and Policy Managers
- Corporate Attorneys
- Corporate Counsel
- Legal and Compliance Executives
- White Collar Attorneys
- Multinational Companies
Abigail Bortnick is counsel with the Special Matters and Government Investigations Practice Group in King & Spalding’s Washington, D.C., office where her practice focuses on government and corporate internal investigations, risk assessments and compliance counseling, and complex civil litigation including civil fraud litigation with the government. She regularly handles matters focused on anti-corruption, fraud, and the Foreign Corrupt Practices Act, and has conducted internal investigations for clients in Africa, Malaysia, Brazil, and the United States. Clients have included public and private companies in a variety of industries such as energy and oil field services, financial services, retail, and medical device and pharmaceutical manufacturing. She has represented corporations and individuals under investigation by the Department of Justice, the U.S. Food and Drug Administration, the Securities and Exchange Commission, the Office of the Comptroller of the Currency, State Attorneys’ General Offices, and the Internal Revenue Service. Ms. Bortnick also serves on the firm’s e-Discovery Task Force, as well as the Pro Bono and Women’s Initiative Committees.
Abigail Bortnick is counsel with the Special Matters and Government Investigations Practice Group in King & Spalding’s Washington, D.C., office …
Tom Best is a partner in Steptoe’s Washington office. His practice is focused on international investigations and enforcement, international regulatory compliance, and mergers and acquisitions.
Mr. Best’s practice is focused on representing multinational companies, their boards of directors and individuals in international investigations and enforcement matters. He has successfully represented clients in numerous matters involving the US Foreign Corrupt Practices Act (FCPA) and other countries’ anti-corruption laws, US securities laws more generally, US and international economic sanctions and export controls, and anti-boycott prohibitions before the US Department of Justice (DOJ), Securities and Exchange Commission (SEC) and other federal regulators and law enforcement agencies, and their counterparts outside the United States.
Mr. Best regularly counsels clients in connection with compliance matters before the DOJ, SEC, US Treasury Office of Foreign Assets Control (OFAC), and Department of Commerce Bureau of Industry and Security (BIS). His experience is global, with a particular focus on India, Sub-Saharan Africa, China and Southeast Asia, and Europe. He works across a broad array of industries, including the oil and gas, metals and mining, consumer products, private equity, automotive, telecommunications, manufacturing, and professional services sectors.
Mr. Best also represents companies and individuals before the World Bank and other International Financial Institutions (IFIs) in investigations of sanctionable practices, and in those institutions’ sanctions and debarment proceedings.
Tom Best is a partner in Steptoe’s Washington office. His practice is focused on international investigations and enforcement, international regulatory …
Donald J. DeGabrielle is an accomplished litigator who has the ability to advise clients with insight that very few lawyers possess. He is a former federal prosecutor for the Southern District of Texas with a practice focus on government investigations and white collar criminal defense. He has experience conducting internal investigations for Fortune 500 companies and corporations who have been victimized by IP thefts, embezzlement schemes and extortion. He has represented clients in matters concerning:
- Healthcare fraud
- State and Federal environmental investigations
- SEC enforcement actions
- Criminal antitrust
- Federal Agency Debarment
DeGabrielle’s considerable federal law enforcement experience includes serving as Special Agent with the FBI, an Assistant U.S. Attorney, and the Houston area's top-ranking prosecutor as U. S. Attorney. During his service as a federal prosecutor, he managed a staff of 170 U.S. Attorneys and received special commendations for leading the Criminal Division within the district. He further completed an assignment with the Public Integrity Unit where he tried over 50 federal criminal jury trials and focused on trials related to:
- Public corruption
- White collar and environmental crimes
- Bank fraud
- Criminal and Narcotics
In 2002, DeGabrielle received the Director’s Award for superior performance in litigation due to an extensive public corruption investigation and prosecution in south Texas. As the Resident Legal Adviser to the South African National Directorate of Public Prosecutions, he served as a consultant and adviser for rule of law and criminal justice development.
Prior to joining Chaffe McCall, DeGabrielle worked for a national law firm in Texas in their White Collar Defense, Internal Investigations and Regulatory Enforcement practice. He has also served as an Assistant District Attorney in New Orleans, where he conducted more than 150 jury trials and is a former FBI Special Agent in New York and New Orleans.
Donald J. DeGabrielle is an accomplished litigator who has the ability to advise clients with insight that very few lawyers …
Livia Zamfiropol is a Partner in the Corporate group of DLA Piper, the Head of Competition practice in Romania and CEE coordinator of the Life Sciences sector.
She has been involved in a wide range of regulatory related matters assisting clients during procedures in front of enforcement authorities. She has coordinated complex compliance investigations related to anti-bribery, regulatory and/or competition related aspects. She has also implemented a large number of compliance programs for clients acting in various industries (including under US Foreign Corrupt Practices Act and UK Bribery Act).
Livia created long-standing relationships with different stakeholders through her active involvement in improving the Romanian legal framework.
She is a frequent speaker at national and international conferences.
Livia Zamfiropol is a Partner in the Corporate group of DLA Piper, the Head of Competition practice in Romania and …
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About King & Spalding
Celebrating more than 130 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 900 lawyers in 19 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.
About Steptoe & Johnson LLP
With more than 500 lawyers and other professional staff, Steptoe provides counsel and representation in a wide range of legal fields, and routinely handles complex disputes and resolves difficult regulatory and business problems successfully. Lawyers in practices ranging from tax, energy, and intellectual property, to antitrust, international trade, and insurance/reinsurance, are well-versed in their respective business and regulatory landscapes, and work with practice-specific trial and appellate lawyers to develop the in-depth understanding that our firm believes is an essential factor in developing the creative strategies and solutions that clients require.
About Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois offers legal practice in more than 40 specialties, and a multitude of sub-specialties. Our attorneys have broad knowledge, experience, and sensitivity to our clients’ unique needs. Through interaction among our practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation across multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale.
At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the honest and consistent practice of hiring the best people for the job and rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of Lewis Brisbois' client base is matched by the diversity of our attorneys. - See more at: http://lewisbrisbois.com/about/firm-overview#sthash.qBy7FOnj.dpuf
About DLA Piper
DLA Piper's office in Bucharest, Romania, supports clients with a strong team of 51 internationally trained Romanian consultants able to handle your most complex legal and tax matters. We are committed to offer both local knowledge and a wide range of legal services in order to meet and anticipate our clients’ needs.
The members of DLA Piper's Romanian team have been involved in several headline transactions in the Romanian and the CEE market, benefiting of a significant exposure to a wide range of legal and commercial matters. The large number and variety of deals have given them an excellent and comprehensive experience to solve the complexities of their clients’ needs.
Our lawyers in Romania provide to clients technical excellence in the law, a capacity for innovative thought and a positive approach. Together, these qualities give the firm an edge in negotiation, help achieve its clients’ objectives and ensure the effective handling of the transactions.