FCPA: Managing Internal and Government Investigations of FCPA Matters
January 28-29, 2009 · The Westin Tysons Corner, Falls Church, VA


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Conference Day One: Wednesday, January 28, 2009

8:15 Registration And Coffee

8:50 Chairman’s Welcome & Opening Remarks

9:00 Update On Recent Developments In FCPA Enforcement And Prosecution

  • A review of 2008 FCPA enforcement actions
  • Implications of the Supreme Court actions in the Kay case
  • Analyzing the application of the Siemens case
  • Understanding the Alcoa case: implications of foreign-based companies filing civil suits in the US
  • Impact of the oil-for-food cases on potential fines, sanctions and other penalties for FCPA violations
Gail Granoff
Chief Compliance and Governance Officer
Rohm and Haas Company
Brian Mich
Managing Director
BDO Consulting

10:00 Networking Break

10:20 Detecting Potential FCPA Violations Through Internal Compliance And Audit Programs

  • Developing an effective compliance program to avoid FCPA violations
  • Enforcing compliance initiatives effectively
  • Detecting potential FCPA problems at an early stage: tools and techniques
  • Putting into practice an FCPA compliance program: a step by step guide
  • Effective cross border implementation
  • Communicating strategies of your FCPA program to the company
  • Focusing efforts to mitigate opportunities for violations in the areas of greatest potential liability
  • Implementing an internal procedure for reporting potential violations
  • Encouraging employees to report prospective violations internally
Kenneth Kurtz
CEO
Steele Foundation
Julia Bailey
Assistant General Counsel, International Transactions and Compliance
Honeywell International
Gail Granoff
Chief Compliance and Governance Officer
Rohm and Haas Company
Howard Weissman
Assistant General Counsel
Lockheed Martin

11:20 Exporting Ethics: Instilling Your Ethics In Foreign Associates

  • How to best understand cross-cultural ethics and values
  • Promoting your ethics across borders while honoring foreign cultures
  • Understanding value assumptions underlying compliance initiatives

Wayne Brody
Chief Compliance Officer and Vice President, Legal Affairs
Arrow Electronics

Matthew Tanzer
Vice President and Chief Compliance Counsel
Tyco International

Brady K. Long
Chief Compliance Officer & Deputy General Counsel
Pride International Inc.

12:20 Luncheon For Speakers & Delegates

1:30 Elements Of An Effective Internal Investigation

  • Implementing adequate risk assessment tools
  • Strategies for minimizing business disruptions during investigations
  • Detecting fraud by conducting forensic investigations
  • Minimizing costs of internal investigations
  • Coordinating the investigation: roles of inside and outside counsel
Milton Williams
Former Associate General Counsel, Time Warner, Partner,
Vladeck Waldman
Paul Luehr
Managing Director and Deputy General Counsel
Stroz Friedberg LLC
Jeffrey D. Clark
Partner
Willkie Farr & Gallagher LLP

2:15 Voluntary Disclosures: Assessing The Benefits Of Self-Reporting

  • Considering the totality of the circumstances before deciding to make voluntary disclosures
  • Identifying what should be included in a proper disclosure
  • Establishing the best person to make the disclosures to
  • Determining when to make the disclosures
  • Evaluating the likelihood of relief in the potential penalties
  • Maintaining control of the investigations after providing a self-disclosure
  • Assessing when to self-report any legal violations to the regulators

Joan McKown
Chief Counsel, Division of Enforcement
Securities and Exchange Commission

3:00 Networking & Coffee Break

3:30Conflicts in the Representation of Corporations and Individuals in FCPA Investigations

  • Appreciating the role of individual prosecutions in FCPA investigations
  • Assessing conflicts between the interests of companies and of individual employees
  • Analyzing possible conflicts in joint legal representation
  • Evaluating opportunities for collaboration in separate legal representation
  • Understanding the Second Circuit's Stein opinion and the "Filip Memorandum"
  • Counseling the individual in "parallel" internal and government investigations
Kurt Stitcher
Partner
Levenfeld Pearlstein, LLC
David Porteous
Partner
Levenfeld Pearlstein, LLC

4:15 Expediting An Investigation By Cooperating With The Government

  • Cooperating with DOJ and its foreign counterparts
  • Understanding the differences of foreign laws
  • Working with independent investigators appointed by government enforcement agencies
  • Balancing the interests of the government with those of the company
  • Obtaining the best settlement with the government
  • Cooperating with investigators to minimize disruption during the investigation
  • Understanding employees’ rights and obligations during an investigation
  • Apprising employees of their rights and obligations without appearing to influence witnesses
  • Preparing employees for questioning by investigators

Partner
Steptoe & Johnson LLP

5:00 Conference Adjourns For The Day

[ Register Now] · [ Next: Conference Day Two: Thursday, January 29, 2009 ]

 

 
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