Identifying Risks and Challenges in a FCPA Violation: What You Need to Know
With today's growing business opportunities in the emerging and fast-developing markets abroad, private companies need to be more aware of the Foreign Corrupt Practices Act (FCPA) especially that the Department of Justice (DOJ) is enforcing a lot of investigations in 2016. Leslie Caldwell, DOJ’s Assistant Attorney General for the Criminal Division, recently stated that the department is looking to increase the number of attorneys investigating FCPA cases from 19 to 29.
Enacted in 1977, violations of FCPA regulations have continued to soar higher in recent years. FCPA enforcement against individuals, ranging from low-level employees to top-level management, have also been on the rise during these years. As a matter of fact, with the DOJ’s eyeing on individual accountability, criminal penalties could reach up to $5,000,000 fine and twenty-year imprisonment.
In this two-hour LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will provide best compliance pointers and practical strategies for identifying risks and challenges in FCPA violations. The panel will also discuss recent issues and legal challenges involving FCPA enforcement actions.
Key topics include:
- Understanding the Basics of FCPA
- FCPA – Recent Judicial and Court Decisions
- FCPA Risk Identification and Mitigation Practices
- Leveraging Risks Assessment
- Creating Tailored Compliance Training Policies and Procedures
- Prohibited Actions and Penalties
- Lessons Learned from FCPA cases
- Indications of Non-Compliance
Ayoka Akinosi, Visiting Specialist
Hughes Hubbard & Reed LLP
- Cross-border elements as the norm in anticorruption investigations
- Largely related to way we conduct business (e.g. suppliers, financing, email servers, etc.).
- Enforcement agencies have found increasing success in internal coordination (e.g., Weissmann Memo’s reference to work with foreign counterparts as second most significant step). Also active cooperation across regulators (e.g. ICBC Standard Banks with SEC and SFO).
- Typically secretive jurisdictions are increasingly cooperative: e.g. China‘s active coordination for repatriation of fugitives and assets, classic tax havens, etc.
- Referrals by multilateral development banks: e.g. AfDB (Hitachi), WB (SNC-Lavalin)
- Global resolutions (e.g. VimpelCom)
- C/f Siemens’ 2016 Israel settlement, eight years after DOJ resolution (also Germany, Greece, Nigeria).
- Jurisdictional basis
- FCPA, and expansive interpretation. (Limits: Patel, and Hoskins)
- UK Bribery Act
- Other tools (formal and informal): mutual legal assistance treaties, MDB referrals
- What to do:
- Global view of compliance:
- Compliance risk assessment should cover global operations with local anti-corruption expert
- Compliance training should adopt local regulations but with an eye on potential global liability
- Define resolution strategy with authorities
- Global view of compliance:
- Factors triggering cross-border investigations
- Scrutiny of independence and conduct in internal investigations
Carson G. Burnham, Shareholder
- Disciplinary action against individuals in cross-border investigations
- Privilege and Data Privacy issues in cross-border investigations
Who Should Attend:
- FCPA Securities and Corporate Governance Attorneys
- Risk and Compliance Officers
- FCPA Practicing Lawyers
- In-House Counsel
- Regulatory and Policy Managers
- Corporate Counsel
- Multinational Companies
- Public and Private Companies
- Top Level Management
- Other Related/Interested Professionals and Organizations
Ayoka Akinosi is a visiting specialist at Hughes Hubbard & Reed LLP. Ayoka currently works with Hughes Hubbard’s Anti-corruption and Internal Investigations team, assisting clients on a variety of responses to international regulatory enforcement actions. She is also involved in anticorruption risk assessments, due diligence reviews, and corporate governance issues. Prior to joining Hughes Hubbard, Ayoka developed integrity risk mitigation strategies in a multilateral development bank, and conducted complex investigations across the African region. She received her LL.M. from Harvard Law School, and holds law degrees from Nigeria.
Ayoka Akinosi is a visiting specialist at Hughes Hubbard & Reed LLP. Ayoka currently works with Hughes Hubbard’s Anti-corruption and …
Carson G. Burnham is the Chair of the International Practice Group at Ogletree Deakins, a Labor and Employment firm with offices throughout the States and Europe. Over the last three years, Carson built the International Practice in the US, and has since led the opening of the firm’s offices in London, Berlin, and Mexico City, and most recently in Canada. Carson has deep, first-hand experience advocating for multinational organizations and resolving all manner of global employment law and cross border issues, including litigation, employment negotiation advice and counsel, executive compensation and benefits, international corporate structure requirements for engaging a local or expat workforce, union and works council negotiations, arbitration, alternative dispute resolution, and training. Carson and her team also handle the range of employment law issues that arise in cross-border mergers, acquisitions, divestitures and restructurings. Carson specializes in assisting her U.S. clients break through obstacles arising from employment laws that impede fast paced growth and progress, particularly in Europe. She has handled matters in Canada, Latin America, Europe, the Middle East, Africa, Asia, and Australia; she and her team have assisted clients in over 100 countries.
Prior to joining Ogletree, Carson was with a large general practice firm in Boston, practicing management-side labor and employment. She then moved in-house, serving as Vice President, Global Employment Law, with Novell, Inc., a multinational software company headquartered in Massachusetts. Carson graduated from the University of Pennsylvania Law School (J.D., 1998) and the University of Vermont (B.A., 1995).
Carson G. Burnham is the Chair of the International Practice Group at Ogletree Deakins, a Labor and Employment firm with …
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About Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP is an international law firm ranked for eleven years, including five years in a row as the top-ranked New York-based firm, on The American Lawyer’s A-List of what the magazine calls “the top firms among the nation’s legal elite.” Our attorneys advise and represent clients in over 30 specialized practices from offices in New York, Washington, D.C., Paris, Los Angeles, Miami, Jersey City, Kansas City, and Tokyo. For more information, please visit www.hugheshubbard.com.
About Ogletree Deakins
Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. The firm has 750 attorneys located in 49 offices across the United States, Europe, Mexico and Canada. Ogletree Deakins has been named a Law Firm of the Year five consecutive years by U.S. News – Best Lawyers® “Best Law Firms.” In 2016, the publication named Ogletree Deakins its “Law Firm of the Year” in the Employment Law – Management category. In addition to handling labor and employment law matters, the firm has thriving practices focused on business immigration, employee benefits, and workplace safety and health law. Ogletree Deakins represents a diverse range of clients, from small businesses to Fortune 50 companies. Our specialty is advising clients operating worldwide and offering cross-border solutions to key challenges of managing a global workforce.