FCPA’s New Corporate Enforcement Policy: Implications to the Year Ahead
On November 29, 2017, the U.S. Department of Justice (DOJ) announced a new Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy. The revised policy is intended to improve and make permanent the FCPA 2016 Pilot Program that aims to boost voluntary disclosures of possible FCPA violations by providing companies with a level of certainty about the results of such disclosures. Recent developments in the policy include declination presumption, root cause analysis demonstration, and document retention policy requirement.
As companies continue to monitor the policy’s implementation, they should also start evaluating their FCPA compliance programs and ensure their efficiency. Best compliance program practices should be followed, and compliance training should be undertaken continuously.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help companies understand the critical elements of this significant topic. They will provide an in-depth discussion of the revised Corporate Enforcement Policy. Speakers will also offer best practices in developing and implementing an effective FCPA compliance program.
Key topics include:
- The New FCPA Corporate Enforcement Policy: Key Developments
- Potential Effect on Cooperation and Self-Disclosure Decisions
- Next Steps for Companies
- Ensuring FCPA compliance program Efficiency
- Best Compliance Practices
Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP
- Defining the core principles that guide the DOJ’s new FCPA Corporate Enforcement Policy
- Analyzing recent DOJ declinations
- Looking at the corporate enforcement policy’s intersection with the DOJ’s continued focus on individual accountability
- Looking at the corporate enforcement policy’s intersection with the DOJ’s new anti-pilling-on policy
- Importance of timely disclosure to the DOJ of all known facts
- Conducting a relevant and thorough internal investigation and keeping the DOJ updated
- Working to identify opportunities for the DOJ to obtain relevant information
- Significance of preservation of documents/evidence (including overseas documents, translation of foreign docs, and facilitating 3rd party production of witnesses and employees).
Who Should Attend:
- FCPA Securities and Corporate Governance Attorneys
- Corporate Attorneys
- White Collar Attorneys
- Legal and Compliance Executives
- In-house Counsel
- Multinational Companies
- Public and Private Companies
Kevin is the Deputy Chair of Hughes Hubbard & Reed LLP. He is Co-Chairman of the firm’s Anti-Corruption & Internal Investigations, Securities Litigation and Class Actions practice groups, and a member of the firm’s Executive Committee. Kevin regularly advises clients across myriad industries and geographic regions on the full range of anti-corruption issues. He was appointed as the independent compliance monitor for Innospec by the U.K. Serious Fraud Office, U.S. Department of Justice, and U.S. Securities & Exchange Commission (and with approval from U.S. Office of Foreign Assets Control). Kevin led the engagement for a multinational oilfield services company in its post-DPA activities and served as an independent compliance monitor appointed by the United Nations. Kevin leads the firm’s engagements for several multinational companies subject to investigations and in their post-resolution activities, and has successfully assisted numerous multinational companies in satisfying terms of negotiated settlements with international regulators. Kevin authored a treatise on corporate governance and related issues, Corporate Governance: Avoiding and Responding to Misconduct (Law Journal-Seminars Press 2007) and, most recently, Anti-Corruption Law and Compliance: Guide to the FCPA and Beyond (Bloomberg/BNA 2014).
Kevin is the Deputy Chair of Hughes Hubbard & Reed LLP. He is Co-Chairman of the firm’s Anti-Corruption & Internal …
Benjamin Britz is partner at Hughes Hubbard & Reed LLP. Benjamin advises clients on all aspects of corporate governance including government investigations, shareholder class action and derivative litigation, and corporate compliance matters. He has represented clients before all manner of domestic and international enforcement agencies, including the Department of Justice, Securities and Exchange Commission, UK Serious Fraud Office and the enforcement offices of the World Bank, Asian Development Bank and African Development Bank, among others. He has particular experience in conducting corporate compliance monitorships and compliance program evaluations, and he has assisted American, European, African and Asian clients in designing, administering and maintaining anti-corruption, integrity compliance, anti-money laundering and corporate governance programs. Prior to joining Hughes Hubbard, Benjamin clerked on the United States District Court for the Northern District of Ohio for Chief Judge James G. Carr. He is a graduate of Columbia Law School.
Benjamin Britz is partner at Hughes Hubbard & Reed LLP. Benjamin advises clients on all aspects of corporate governance including …
Joseph Campbell is a Director in Navigant’s Global Investigations & Compliance Practice. His role involves leading anti-bribery and corruption, anti-money laundering and financial investigations. Joseph’s experience includes investigation and assessment of cross-border tax matters through review and analysis of business and financial institution international investments and transactions.
Prior to Navigant, Joseph was a Special Agent of the Federal Bureau of Investigation (“FBI”) for more than 25 years. He was the Assistant Director of the Criminal Investigative Division, responsible for a team of 6,000 Special Agents, analysts, and forensic accountants. He developed and led the execution of the FBI global investigative mission and strategies, and criminal intelligence. This included an emphasis in directing white collar crime and public corruption investigations. He integrated cyber security with priority criminal threat mitigation strategies and analysis, directed response to emergency events, and established reliable internal controls and tripwires to ensure compliance with applicable laws, regulations, and guidelines.
Joseph Campbell is a Director in Navigant’s Global Investigations & Compliance Practice. His role involves leading anti-bribery and corruption, anti-money …
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Method of Presentation:
Experience in corporate law/internal investigations
NY Category of CLE Credit:
Areas of Professional Practice
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About Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP is a New York City-based international law firm with a relentless focus on providing quality service to our clients and delivering successful results in the most complex matters. With a powerful combination of scale and agility, we offer clients innovative and effective solutions, while remaining flexible to adapt to their needs and market developments. Known for a collaborative culture, as well as our diversity and pro bono achievements, Hughes Hubbard has a distinguished history dating back more than a century.