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23rd Annual Congress on the
Foreign Corrupt Practices Act
NEW YORK
June 2 – 3, 2021 • Virtual Conference (EDT)
A Uniquely Interactive Event: EARN CLE CREDITS
Turn on your audio and video for smaller-group discussions on the DOJ Guidance, data analytics, corporate culture and more. Join 1:1 networking that emulates the impromptu meet-ups that happen in-person.
Critical Updates from: Nicholas McQuaid Acting Assistant Attorney General U.S. Department of Justice Charles E. Cain Chief, FCPA Unit, Division of Enforcement U.S. Securities and Exchange Commission Daniel Kahn Acting Chief, Fraud Section, Criminal Division U.S. Department of Justice
Compare Notes with Legal and Compliance Decision-Makers from: Standard Chartered Bank
Citi
Microsoft
Zimmer Biomet
BAE Systems
KKR
Prudential Financial
Target
VMware
Baker Hughes
Direct Energy
Northrop Grumman
Cognizant
Bechtel
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Access the attendee list, private message, start a video chat and exchange contact details. Benchmark with your peers via user-friendly, interactive polling. Supporting Sponsor: Associate Sponsors:
Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
z DISTINGUISHED FACULTY
Distinguished Faculty CO-CHAIRS Rebecca Rohr Vice President, Anti-Corruption and Global Trade, Ethics & Compliance Office Hewlett Packard Enterprise Erin G.H. Sloane Partner Wilmer Cutler Pickering Hale and Dorr LLP Tim Zirkel Managing Director, Global Head of Anti-Bribery and Corruption Compliance, Global Financial Crimes Division MUFG Bank, Ltd. GOVERNMENT Nicholas McQuaid Acting Assistant Attorney General and Principal Deputy Assistant Attorney General, Criminal Division U.S. Department of Justice Charles E. Cain Chief, FCPA Unit, Division of Enforcement U.S. Securities and Exchange Commission Daniel Kahn Acting Chief, Fraud Section, Criminal Division U.S. Department of Justice
AGENDA
FORMER U.S. ATTORNEYS Craig Carpenito Partner, King & Spalding Former U.S. Attorney for the District of New Jersey (2018-2021) Nicola T. Hanna Partner Gibson, Dunn & Crutcher LLP Former U.S. Attorney for the Central District of California (2018-2021) Jessie K. Liu Partner, Skadden, Arps, Slate, Meagher & Flom LLP Former U.S. Attorney for the District of Columbia (2017-2020) G. Zachary Terwilliger Partner, Vinson & Elkins LLP Former U.S. Attorney for the Eastern District of Virginia (2018-2021) EXPERT FACULTY Greg D. Andes Partner Davis Polk & Wardwell LLP William A. Burck Partner Quinn Emanuel Urquhart & Sullivan, LLP Patricia Byrne VP & Associate G.C., International Compliance BAE Systems Inc. Kari K.G. Chandler Vice President – Anti-Corruption and Regional Ethics & Compliance Programs Cognizant S. Joy Dowdle Partner, Litigation Department Paul Hastings LLP Chinwe Esimai Managing Director, Chief Anti-Bribery & Corruption Officer Citi
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ANTI-CORRUPTION PORTFOLIO
Maria Fernandez VP, Head of Ethics & Compliance Direct Energy Norma L. Garcia VP, Assistant General Counsel, and Chief Diversity Officer Rent-A-Center Alan Gibson Director, Legal & Compliance Innovation Microsoft Carl T. Hahn Vice President, Chief Compliance Officer Northrop Grumman Sean Hecker Partner Kaplan Hecker & Fink LLP Jay Holtmeier Partner Wilmer Cutler Pickering Hale and Dorr LLP Hilary R. Huber Head, Anti-Bribery & Corruption, Europe & Americas Standard Chartered Bank Ana Iacovetta Vice President, Deputy General Counsel and Chief Ethics & Compliance Officer VMware Robert Johnston, Jr. Partner Lowenstein Sandler LLP Bruce Karpati Partner, Global Chief Compliance Officer & Counsel KKR & Co. Inc. Luis A. Kolster Vice President, Chief Compliance Officer Baker Hughes Sara Elizabeth Kramvis Vice President Prudential Financial
PRICING
Sergio V. Leal Head of Compliance, MANA & LATAM, Head of M&A Compliance Ericsson Angela Main VP, Global Chief Compliance Officer & Associate General Counsel Zimmer Biomet Mark F. Mendelsohn Partner Paul, Weiss, Rifkind, Wharton & Garrison LLP Bérengère Parmly Ethics & Compliance Officer Infrastructure Global Business Unit Bechtel Steven R. Peikin Partner, Sullivan & Cromwell LLP Former Co-Director of Enforcement, SEC Jeff Proulx Director Counsel Target Brian C. Rabbitt Partner, Jones Day Former Acting Assistant Attorney General Michael Savicki VP, Chief Privacy Officer & Compliance, Risk & ESG American Express Global Business Travel Grissel Seijo Counsel, Employment Law & Diversity and Inclusion Officer Restaurant Brands International US Services, LLC Adam B. Siegel Co-Head, Global Investigations Group Freshfields Bruckhaus Deringer US LLP Justin S. Siegel Vice President, Global Head of Conduct and Integrity Goldman Sachs
twitter: @ACI_Anticorrupt linkedin: ACI: Anti-Corruption/FCPA – Legal, Regulatory and Compliance Professionals
Day 1
DISTINGUISHED FACULTY
AGENDA
OUR VIRTUAL PLATFORM
Wednesday, June 2, 2021 (EDT)
12:00
microphone-alt Rebecca Rohr, Vice President, Anti-Corruption and Global Trade, Ethics & Compliance Office, Hewlett Packard Enterprise
Turn on your audio and video for meaningful smaller-group benchmarking on leveraging innovation and tailoring it to the realities of your industry and organization. 12:30
Erin G.H. Sloane, Partner, Wilmer Cutler Pickering Hale and Dorr LLP Tim Zirkel, Managing Director, Global Head of Anti-Bribery and Corruption Compliance, Global Financial Crimes Division, MUFG Bank, Ltd.
1:1 Networking 12:45 Break 1:00
MID-YEAR IN REVIEW AND AUDIENCE Q&A
The Latest on FCPA Enforcement Priorities, Evaluation of Compliance Programs, Cooperation Credit, and More microphone-alt Daniel Kahn, Acting Chief, Fraud Section, Criminal Division, U.S. Department of Justice
KEYNOTE ADDRESS microphone-alt Nicholas McQuaid, Acting Assistant Attorney General, U.S. Department of Justice 1:30
Charles E. Cain, Chief, FCPA Unit, Division of Enforcement, U.S. Securities and Exchange Commission
The New Realities of Third-Party Due Diligence with Limited Resources: The Top 5 Most Effective Strategies for Vetting Your Business Partners – and Their Partners
Jay Holtmeier, Partner, Wilmer Cutler Pickering Hale and Dorr LLP During this highly anticipated session, DOJ and SEC officials will discuss key developments and priorities for the remainder of 2021 and beyond, and provide updates on the enforcement landscape under the Biden Administration. Audience members will also be able to ask questions on an anonymous basis.
microphone-alt Patricia Byrne, VP & Associate General Counsel, International Compliance, BAE Systems Inc. Kari K.G. Chandler, Vice President – Anti-Corruption and Regional Ethics & Compliance Programs, Cognizant
FCPA TECH: INTERACTIVE BENCHMARKING WITH AUDIENCE POLLING
The DOJ Guidance, Data Analytics, AI, and Machine Learning in Practice: How to Select, Invest, and Utilize Innovation Within Budgetary Constraints Part I: Panel Discussion: Concrete Examples and Lessons Learned microphone-alt Alan Gibson, Director, Legal & Compliance Innovation, Microsoft
Hilary R. Huber, Head, Anti-Bribery & Corruption, Europe & Americas, Standard Chartered Bank S. Joy Dowdle, Partner, Litigation Department, Paul Hastings LLP Test your third-party management know-how with a series of rapid fire, anonymous polling questions on the most sensitive, complex dilemmas. Discover how your approach to managing high stakes risks under budgetary pressures compares to your peers. Respond to panel questions confidentially in a user-friendly digital polling system. An effective way to compare your compliance practices to your peers!
Sara Elizabeth Kramvis, Vice President, Prudential Financial • Interpreting and applying agencies’ expectations with respect to compliance officer access and use of data analytics? • Concrete examples of how AI and data analytics can be fully leveraged to support an ethics & compliance program: » Travel & Expense monitoring » Reputational monitoring of third parties » Tracking employee engagement » Payments monitoring » Proxies for measuring ethical culture » Distributor pricing monitoring • How to overcome the practical and technical challenges to implementing an ethics & compliance analytics strategy • How is industry managing associated data privacy, integrity and security risks?
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Part II: Breakout Roundtables – Smaller-Group Benchmarking
Bruce Karpati, Partner, Global Chief Compliance Officer & Counsel, KKR & Co. Inc.
Opening Remarks from the Conference Co-Chairs
11:15
PRICING
microphone-alt Carl T. Hahn, Vice President, Chief Compliance Officer, Northrop Grumman
10:00
10:15
ANTI-CORRUPTION PORTFOLIO
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Topics will include: • • • • •
Strategies for updating third-party due diligence in alignment with the organization’s priorities Factoring in geographical risks into your methodologies Devising strategies for engaging in due diligence by implementing adaptable checklists Reaching the right balance between diligence and ongoing monitoring Implementing tiered due diligence approaches based on appropriate level of risk and classification of third party • Designing comprehensive processes and procedures with limited resources • Onboarding and classifying third party intermediaries and monitoring their activities
Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
DISTINGUISHED FACULTY
AGENDA
OUR VIRTUAL PLATFORM
2:30
5:00
Faculty-Attendee Roundtables You asked. We listened! Based on your feedback, the 2021 agenda includes more time to ask your questions and compare notes with your community peers. This is a unique opportunity to connect with expert in-house faculty members in a more intimate, informal setting to expand your “brain trust.”
GLOBAL RISK THINK TANK – ANONYMOUS AUDIENCE POLLING
Interactive Benchmarking – Who’s Doing What? How Industry is Updating Compliance, Training, and Monitoring Action Plans Post-Goldman Sachs, Airbus, and More microphone-alt Chinwe Esimai, Managing Director, Chief Anti-Bribery & Corruption Officer, Citi Robert Johnston, Jr., Partner, Lowenstein Sandler LLP
SPECIAL INTERVIEW
Strengthening a Culture of Compliance: Inside the Lesser-Known Challenges and Best Practices microphone-alt Justin S. Siegel, Vice President, Global Head of Conduct and Integrity, Goldman Sachs Erin G.H. Sloane, Partner, Wilmer Cutler Pickering Hale and Dorr LLP 4:00
INTERACTIVE DISCUSSION
The Intensifying Enforcement of the FCPA Internal Controls Provisions: Critical Takeaways on the Expanding Interpretation, Strict Liability, and Expectations for Industry microphone-alt William A. Burck, Partner, Quinn Emanuel Urquhart & Sullivan, LLP Steven R. Peikin, Partner, Sullivan & Cromwell LLP Former Co-Director of Enforcement, SEC
During this highly practical session, participants will benefit from real-world guidance on the lesser-known takeaways from key settlements over the last 12 months. Respond to panel questions confidentially in a user-friendly digital polling system. An effective way to compare your compliance practices to your peers! Topics of discussion will include: • Strengthening your anti-corruption policies and procedures in light of recent enforcement actions and settlements • Re-Evaluating your compliance plan in view of the updated Guidance • The newest lessons for ethics and compliance during COVID-19 and thereafter » Do’s and don’ts for remote vs. in-person training: What works – and what doesn’t » Monitoring employees: 5 pitfalls to flag before it’s too late 5:45
Closing Remarks & Conference Adjourns
Greg D. Andes, Partner, Davis Polk & Wardwell LLP Join this timely discussion on the nuances and impact of recent cases involving the FCPA’s accounting provisions. Leading practitioners who have worked on some of the most significant matters will share invaluable lessons learned and best practices moving forward.
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PRICING
Maria Fernandez, VP, Head of Ethics & Compliance, Direct Energy
3:00 Break 3:30
ANTI-CORRUPTION PORTFOLIO
twitter: @ACI_Anticorrupt linkedin: ACI: Anti-Corruption/FCPA – Legal, Regulatory and Compliance Professionals
DISTINGUISHED FACULTY
AGENDA
Day 2:
OUR VIRTUAL PLATFORM
ANTI-CORRUPTION PORTFOLIO
PRICING
11:00
Thursday, June 3, 2021 (EDT) 9:55
BREAKOUT ROUNDTABLES Select one of two roundtables, and turn on your audio and video for meaningful smaller-group discussion.
Opening Remarks from the Conference Co-Chairs
TRACK I: Ephemeral Communications: Taking Stock of Compliance Successes, Missteps and Grey Areas
microphone-alt Rebecca Rohr, Vice President, Anti-Corruption and Global Trade, Ethics & Compliance
microphone-alt Ana Iacovetta, Vice President, Deputy General Counsel and Chief Ethics & Compliance
Office, Hewlett Packard Enterprise
Officer, VMware
Erin G.H. Sloane, Partner, Wilmer Cutler Pickering Hale and Dorr LLP
Sergio V. Leal, Head of Compliance, MANA & LATAM, Head of M&A Compliance, Ericsson
Tim Zirkel, Managing Director, Global Head of Anti-Bribery and Corruption Compliance, Global Financial Crimes Division, MUFG Bank, Ltd.
Michael Savicki, VP, Chief Privacy Officer & Compliance, Risk & ESG, American Express Global Business Travel
10:00
FORMER U.S. ATTORNEYS’ ROUNDTABLE
Perspectives on the Evolving White Collar and Financial Crime Enforcement Landscapes microphone-alt Craig Carpenito, Partner, King & Spalding
Former U.S. Attorney for the District of New Jersey (2018-2021) Nicola T. Hanna, Partner, Gibson, Dunn & Crutcher LLP Former U.S. Attorney for the Central District of California (2018-2021)
• Takeaways for implementing the DOJ’s revised policy • What is now expected for retention of business records and correspondence – how is industry overcoming the inherent hurdles? • How industry is addressing high stakes cybersecurity and data privacy dilemmas • Archiving in the cloud – how long does data need to be stored? • The impact of the global pandemic on corporate use of messaging platforms – how has the increased usage impacted investigations and compliance? • Implementing internal investigations practices for data localization, collection and review
TRACK II: Legal Think Tank on the Nuances of FCPA Jurisprudence: Key Lessons from Coburn and Schwartz, Firtash, Hoskins, Connolly and More
Jessie K. Liu, Partner, Skadden, Arps, Slate, Meagher & Flom LLP Former U.S. Attorney for the District of Columbia (2017-2020)
microphone-alt Sean Hecker, Partner, Kaplan Hecker & Fink LLP
G. Zachary Terwilliger, Partner, Vinson & Elkins LLP Former U.S. Attorney for the Eastern District of Virginia (2018-2021)
Join seasoned practitioners to dissect recent, hot button cases, and what is on the horizon.
Mark F. Mendelsohn, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP
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Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
DISTINGUISHED FACULTY 11:45
AGENDA
ANTI-CORRUPTION PORTFOLIO
PRICING
MULTI-JURISDICTIONAL ENFORCEMENT AND DISCLOSURES
Unwritten Takeaways for Risk Mitigation and Investigations – and What to Flag Now microphone-alt Brian C. Rabbitt, Partner, Jones Day
Former Acting Assistant Attorney General Adam B. Siegel, Co-Head, Global Investigations Group, Freshfields Bruckhaus Deringer US LLP
This past year, the anti-corruption community saw US authorities’ continued cooperation with foreign authorities, with every indication that this trend will continue. Former senior-level enforcement officials and leading defense counsel will impart invaluable takeaways for selfdisclosures, investigations and cross-border investigations. • • • • •
OUR VIRTUAL PLATFORM
Navigating the web of local and multinational laws that can govern the conduct of an investigation Determining whether or not to self-disclose – and to which agencies Coordinating disclosures to multiple agencies Protecting attorney-client privilege and avoiding inadvertent waivers Utilizing technology to investigate more efficiently and effectively, including spotting issues early – and conducting virtual interviews vs. in-person ones
Legal and compliance decision-makers will share their experiences and lessons learned for fostering an ethical corporate culture amid challenging circumstances, including the global pandemic, geopolitical shifts, M&A, an enforcement action and more. Respond to panel questions confidentially in a user-friendly digital polling system. An effective way to compare your compliance practices to your peers! • Understanding how industry is revisiting employee hotlines, messaging and training • Thwarting the risk of bribery, corruption, and non-compliance during periods of business disruption and heightened corruption risks • Sustaining a culture of ethics and compliance in tough times • Practical ways to foster a “speak up” culture and how to update your messaging • Perspectives on incentivizing compliance: Pros and cons 1:45
Part II: Breakout Roundtables: Smaller-Group Benchmarking
microphone-alt Bérengère Parmly, Ethics & Compliance Officer, Infrastructure Global Business Unit, Bechtel
Turn on your audio and video for meaningful smaller-group benchmarking on how your peers are monitoring and strengthening corporate culture.
12:30
1:1 Networking 12:45 Break
Users
Part III: Strategies for Effectively Recruiting and Retaining DiverseTalent on Legal and Compliance Teams
Speakers Include:
ETHICS, DIVERSITY & INCLUSION 1:00
STRENGHENING AN ETHICAL CULTURE IN GOOD TIMES — AND IN BAD Part I: Real-Life Examples of Wins and Misses in Messaging, Training, Hotlines and Monitoring microphone-alt Angela Main, VP, Global Chief Compliance Officer & Associate General Counsel, Zimmer Biomet
Jeff Proulx, Director Counsel, Target Luis A. Kolster, Vice President, Chief Compliance Officer, Baker Hughes
microphone-alt Norma L. Garcia, VP, Assistant General Counsel, and Chief Diversity Officer, Rent-A-Center
Grissel Seijo, Counsel, Employment Law & Diversity and Inclusion Officer, Restaurant Brands International US Services, LLC With diversity as a core value, this important session will focus on the practical challenges to enhancing diversity at all levels of the workforce, addressing unconscious biases and remedying inequities. • Perspectives on successes and challenges to inclusion and diversity in the legal and compliance contexts • Training on anti-harassment, diversity, inclusion and workplace sensitivity: What has worked and what hasn’t • How BLM has affected employers’ approaches to diversity • Exploring best practices to recruit, develop and retain diverse candidates, and foster inclusive succession planning • Systemic hurdles to retaining women and minorities – and concrete examples of accommodations across the employment life cycle 3:00
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2:15
Closing Remarks & Conference Concludes
twitter: @ACI_Anticorrupt linkedin: ACI: Anti-Corruption/FCPA – Legal, Regulatory and Compliance Professionals
DISTINGUISHED FACULTY
15+ Industries in Attendance
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ANTI-CORRUPTION PORTFOLIO
Law Firms
Real Estate
Accounting, Due Diligence & Audit Services
Mining
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26%
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26%
Partner/Attorney
20%
VP/ Director-Ethics, Financial Crime
Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
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