Foreign Corrupt Practices Act: Managing Risks in the 2020 Landscape
The aggressive enforcement of the Foreign Corrupt Practices Act (FCPA) continues to be a priority for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). Seven enforcement actions were made during the third quarter of 2019 with about $78.5 million in disgorgement and penalties. Top areas of enforcement include corporate compliance individual accountability, international cooperation, and multi-jurisdictional coordination.
In this LIVE Webcast, seasoned FCPA experts Garrett Schuman (Paul Hastings LLP) and Bradley D. Simon (Windels Marx) will offer helpful insights on how to manage risks of FCPA noncompliance. They will also provide an in-depth analysis of the recent trends and updates concerning FCPA enforcement.
Some of the major topics that will be covered in this course are:
- FCPA Enforcement – 2019 Statistics
- Latest Regulatory Trends, Developments, and Updates
- Managing Risks and Challenges
- Best Compliance Practices
- What Lies Ahead
- Brief Statutory Overview
- Fines and Penalties Continue to Increase
- Closely watched 2019-2020 FCPA cases: U.S. v. Hoskins, a roller coaster ride; conviction, reversal by the Second Circuit, retrial, conviction and verdict set aside by District Judge. U.S. v. Coburn and Schwartz; every email may constitute a separate FCPA violation
- Recidivism; Some corporations are serial bribers; France’s Technip pays staggering penalties for the second time
- DOJ issued several noteworthy FCPA declinations
Paul Hastings LLP
- No end in sight to FCPA enforcement
- Non-FCPA charges brought by DOJ’s FCPA Unit
- Spinoff prosecutions continue
- More guidance = more clarity
DOJ updates its policies
- FCPA Corporate Enforcement Policy
- Ephemeral messaging apps
- Internal counsel – stay out of the way!
- M&A – FCPA diligence is worth it!
- Voluntary disclosure – probably worth it even with “aggravating circumstances”
- Evaluating Corporate Compliance Policy
- What this means for FCPA compliance programs
- What this means for FCPA compliance programs
Who Should Attend:
- FCPA Lawyers
- White-Collar Lawyers
- Legal and Compliance Executives
- Corporate Lawyers
- Top-Level Executives
Bradley D. Simon is a Partner with the law firm of Windels Marx, resident in the New York, NY office. He represents corporations and individuals in the areas of white collar criminal defense, complex civil litigation and corporate compliance. In his White Collar Criminal Defense practice, he represents clients under investigation for Foreign Corrupt Practices Act violations (FCPA) violations, as wells as a wide array of other alleged federal and state offenses in jurisdictions throughout the United States. He is a former Assistant U.S. Attorney for the Eastern District of New York, where he prosecuted complex white collar fraud, tax and organized crime cases, and a former Trial Attorney with the Criminal Division of the U.S. Department of Justice, where he tried cases in federal district courts throughout the United States. In the course of his career, Brad has tried over thirty federal jury trials. He received his J.D. from Georgetown University School of Law, and an A.B., cum laude, from Harvard University.
Bradley D. Simon is a Partner with the law firm of Windels Marx, resident in the New York, NY office. …
Garrett Schuman is an associate based in Paul Hastings’ Washington, D.C. office. Mr. Schuman's practice focuses on matters relating to the U.S. Foreign Corrupt Practices Act, with a particular emphasis on serving clients in Latin America. He has experience advising multinational clients in internal investigations as well as those involved in criminal litigation with the United States Department of Justice. Mr. Schuman has also advised clients involved in corporate monitorships, cross-border civil litigation, and multilateral development bank sanctions proceedings.
Prior to joining Paul Hastings, Mr. Schuman served as a law clerk to the Honorable Michael M. Baylson in the United States District Court for the Eastern District of Pennsylvania and to the Honorable Jane R. Roth in the United States Circuit Court for the Third Circuit Court of Appeals.
Mr. Schuman is fluent in Spanish.
Garrett Schuman is an associate based in Paul Hastings’ Washington, D.C. office. Mr. Schuman's practice focuses on matters relating to the …
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Method of Presentation:
General knowledge of the Foreign Corrupt Practices Act (FCPA)
NY Category of CLE Credit:
Areas of Professional
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About Windels Marx
Windels Marx is a full service law firm headquartered in New York City, with offices in New Brunswick and Madison, New Jersey, and Stamford, Connecticut. The Firm has nearly 150 lawyers and provides services in excess of 20 practice areas, the largest of which by volume of business are financial transactions, real estate, litigation, and bankruptcy. The Firm serves a myriad of domestic and foreign clients, including banks and finance companies, insurance companies, manufacturers, non-profit entities, and government sponsored enterprises. Learn more at www.windelsmarx.com or on LinkedIn or Twitter@WindelsMarx.
About Paul Hastings LLP
Founded in 1951, Paul Hastings has grown strategically to anticipate and respond to their clients' needs in markets across the globe. Their innovative approach and unmatched client service has helped guide their journey to becoming one of the world’s leading global law firms in such a short time.
Paul Hastings has a strong presence throughout Asia, Europe, Latin America, and the U.S, capitalizing on the strength of 22 global offices. The firm offers a complete portfolio of services to support their clients’ complex, often mission-critical needs—from structuring first-of-their-kind transactions to resolving complicated disputes to providing the savvy legal counsel that keeps business moving forward.