FCPA in 2014 & Beyond
Overview:In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues with respect to the latest FCPA challenges in 2014 & Beyond.
Some of the major topics that will be covered in this course are:
- Foreign Corrupt Practices Act 2014: an overview
- Emerging trends, issues and related cases
- Penalties for non-compliance
- Mitigate potential pitfalls and other best practices
- Up-to-minute regulatory updates
Kimberly A. Ball, Counsel
Akin Gump Strauss Hauer & Feld LLP
- Significance of the 11th Circuit’s recent decision in United States v. Esquenazi: this is a rare decision and a landmark ruling
- High-level overview of the Esquenazi facts and holding: brief summary of facts and explanation of the court’s holding
- Importance of the “instrumentality” definition: this broad definition can be used to the Government’s advantage
- Implications for future enforcement actions: likely to impact many enforcement actions, but no bright-line rule or clearly defined test
R. Daniel O'Connor, Partner
Ropes & Gray
- JP Morgan & the hiring of princelings
- -an update on the status of the JP Morgan case and other similar investigations
- -a discussion about how law firms are addressing hiring questions in compliance planning and enforcement
- best practices in hiring
- Anticorruption in China
- -an update on investigations in China: a discussion about the rise in prosecutions and investigations
- -a discussion about multi-jurisdictional practice points
- -implications for U.S. regulatory authorities
Bret A. Campbell , Partner
Cadwalader, Wickersham & Taft LLP
- SEC vs. Jackson – Corrupt Intent and Facilitations Payments
- Overview of the Jackson litigation
- Was the SEC arguing in Jackson that the FCPA is a strict liability statute?
- If your lawyer says you can make a payment, is that good enough for the SEC? And if not, what is?
- Guidance for clients and compliance professionals on payments to foreign officials in light of Jackson
- State Owned Entities and Directed Procurements – FCPA Due Diligence Challenges
- If a government instructs you to use a SOE supplier, is there FCPA risk?
- Guidance for clients and compliance professionals in interacting with SOE suppliers
Who Should Attend:
- International Trade Counsel
- Trade Counsel
- Ethics Officers
- FCPA Securities and Corporate Governance Attorneys
- General Counsel
- Governance Lawyers
- In house counsel (Public & Private)
- Legal and compliance executives
- And other Related/Interested Professionals
Kimberly A. Ball represents clients in international investigations relating to regulatory violations and in a variety of civil and criminal matters.
Ms. Ball’s practice includes representing individuals and corporations in international investigations relating to federal criminal and regulatory enforcement actions, including the Foreign Corrupt Practices Act, the Bank Secrecy Act, and export control and sanctions. She also represents clients in complex civil litigation matters and white-collar defense at both the federal and state levels, and assists clients with legal issues surrounding extradition proceedings. Ms. Ball has represented companies in international FCPA investigations and enforcement actions in the oil and gas industry, managed international internal investigations and provided FCPA compliance advice. She also supervises a team of attorneys conducting an internal investigation in South America.
Kimberly A. Ball represents clients in international investigations relating to regulatory violations and in a variety of civil and criminal …
Dan O’Connor is partner in the business & securities practice at Ropes & Gray in Boston. Dan focuses his practice on securities enforcement matters, internal investigations, related trial work and compliance consulting. A former SEC enforcement attorney and experienced trial lawyer, Dan works with corporations and individuals involved in civil and criminal government enforcement matters and represents entities in complex commercial disputes. Dan also assists corporate management and directors in conducting internal investigations, addressing sensitive corporate governance issues, and establishing and evaluating regulatory compliance programs.
Dan O’Connor is partner in the business & securities practice at Ropes & Gray in Boston. Dan focuses his practice …
Bret A. Campbell is a Partner in Cadwalader’s White Collar Group in the Washington, D.C. office. Bret represents clients in a broad range of complex criminal, regulatory, and civil litigation matters involving international corruption, the Foreign Corrupt Practices Act, and securities, accounting, and commercial fraud. Bret has extensive experience managing internal corporate investigations and cross-border criminal and regulatory matters, often in proceedings before the U.S. Department of Justice and the Securities and Exchange Commission. In addition to his litigation practice, Bret conducts FCPA and regulatory compliance due diligence reviews in connection with mergers, acquisitions, and other complex corporate transactions. Bret also advises clients on corporate governance issues and on the implementation of compliance codes. He helps companies assess risks in their international operations, and counsels on the development and implementation of policies, procedures, and systems designed to prevent and detect potential violations of law.
Bret A. Campbell is a Partner in Cadwalader’s White Collar Group in the Washington, D.C. office. Bret represents clients in …
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About Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP has broad experience representing clients on matters in which the U.S. Foreign Corrupt Practices Act (FCPA), UK Bribery Act and other antibribery issues may arise. More than 45 members of the firm have experience with the FCPA and the Bribery Act, including through representing clients in criminal and civil litigation, conducting internal company investigations, counseling in proposed business transactions and developing, implementing and reviewing corporate anticorruption compliance policies and procedures.
The constant evolution of national security and foreign policy priorities, along with changes in social, political and economic conditions, can generate shifting government expectations and regulatory standards and often increases risks for companies with international business interests. As a law firm with global reach, Akin Gump assists companies with transactions around the world.
About Ropes & Gray
Ropes & Gray is one of the world’s premier law firms, with more than 1,000 lawyers serving clients in major centers of business, finance, technology and government. The firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul, and has consistently been recognized for its leading practices in many areas, including private equity, M&A, life sciences, health care, finance, investment management, hedge funds, tax, intellectual property, litigation, and securities litigation.
About Cadwalader, Wickersham & Taft LLP
Cadwalader, Wickersham & Taft LLP, founded in downtown New York in 1792, is proud of more than 200 years of service to many of the world’s leading institutions. The firm’s rich history and participation in many significant social, economic, and legal issues accompanying U.S. growth have led it to become one of the world’s most prominent law firms, with expanding influence around the globe as it advises clients with interests in Europe, South America and the Pacific Rim.
450 attorneys across eight offices—New York, London, Charlotte, Washington, Houston, Beijing, Hong Kong and Brussels—offer clients innovative solutions to legal and financial issues in a wide range of areas, including antitrust, white collar defense and investigations, compliance and regulation, corporate and commercial finance, derivatives and structured products, energy and commodities, ERISA, executive compensation and benefits, financial restructuring, governance, healthcare, insurance, intellectual property, investment management, litigation, M&A, not-for-profit, private equity, private wealth, securitization and asset based finance, and tax matters.