Kurt L. Drake Chief Kimberly-Clark
Ethics and Compliance Officer
N.
Laura Perkins
FCPA Foreign PracticesCorruptAct 38th International Conference on the December 1–2, 2021 Gaylord National Resort & Convention Center, Washington DC All Secure C5’s All Secure Safety Plan Lisa LeCointe-Cephas SVP, Chief Ethics and Compliance Officer Merck & Co., Inc.
Partner Hughes Hubbard & Reed LLP 2021 CO-CHAIRS: FCPAConference.com In-Person & Livestream Options Available LEAD SPONSORS SUPPORTING SPONSORS ASSOCIATE SPONSORS EXHIBITION SPONSORS WORRY FREE Registration GUARANTEE EARN CREDITSCLE/CPE
DOJ and SEC Year in Review
FEATURED FORMATS:
We are Excited to Welcome You Back In-Person!
2 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
Meet up with leading practitioners, ask your questions and gain important takeaways for managing evolving risks in high-risk markets. Space will be limited toward ensuring a smaller-group interaction.
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Join the conversation on unwritten lessons, “war stories”– and what is coming across your peers’ desks. Hear the newest strategies for combatting emerging risk factors.
UNIVERSITY
CALENDAR-ALT
U.S. Government Town Hall
Repeat-alt
For the last several years, the closing session of the event has been the acclaimed “Government Town Hall.” Audience members have benefitted from open Q&A with senior officials from the DOJ, SEC, FBI, IRS and HSI.
Country Risk & Compliance Exchanges: More Smaller-Group Discussion!
Participants will convene with experts who have worked on some of the most significant, high profile cases to date. The “closed-door,” smaller-group format will allow for candid, “off the record” discussion on sensitive, hot button issues.
International Risk Series
Special Industry Groups (SIGs): Back by Popular Demand!
Widely regarded as the flagship event for the anti-corruption community, the 2021 program will continue to stand apart.
This international flagship conference has routinely kicked off with the “Year In Review,” whereby FCPA Unit Chiefs from the DOJ and SEC provide key updates and address audience questions.
Connect in a smaller-group setting with like-minded individuals from your industry. Expand your network and gain best practices tailored to the realities of your business.
ACI’s Acclaimed “Boardroom Series”
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 3 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check There has never been a more critical time to join your peers. As we emerge from unprecedented challenges and a host of developments, re-connect in-person at the premier gathering of government, in-house legal and compliance professionals, and outside counsel and advisors. WELCOME FROM OUR 2021 CO-CHAIRS: PLAY VIEW VIDEO Table of Contents Lisa LeCointe-Cephas SVP, Chief Ethics and Compliance Officer Merck & Co., Inc. Kurt L. Drake Chief Ethics and Compliance Officer Kimberly-Clark Laura N. Perkins Partner Hughes Hubbard & Reed LLP Webinar 4 Schedule of Events 5 Speaker Faculty 6 Pre-Conference Workshops 8 ESG Think tank 10 Main Conference Day 1 12 Main Conference Day 2 18 FCPA Data Analytics 22 C5 All Secure Safety Plan 23 FCPA / Anti-Corruption Portfolio 24 Conference Sponsors 25 Venue and National Harbor Information 26 Accreditation 26 Worry-Free Registration Guarantee 27 Pricing 27 MEDIA PARTNERS
• Industries under the microscope, and what recent cases reveal about the potential for new “industry sweeps”
Karolos Seeger Partner
• Shifts in corporate and individual liability risks
• Recent corruption prosecutions and settlements-and what they reveal about enforcement priorities and compliance expectations
• What has triggered suspicion and government investigations
Debevoise & Plimpton (UK)
Amid a rapidly evolving landscape of risk, enforcement activity and compliance challenges, join us to hear critically important takeaways from leading practitioners based in the U.S., UK and Brazil. This 60-minute webinar will provide a need-to-know, quick fire rundown of the most pressing issues coming to the forefront-and what is on the horizon.
• Recent and anticipated government policy developments –and their impact
FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events SpeakersSpeakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check PLAY CLICK HERE TO REGISTER
Topics will include:
Azevedo Sette Advogados (Brazil)
Isabel Franco Partner
• Which circumstances have led to declinations, DPAs and NPAs
KenjiMODERATOR:M.Price
• The interplay of geopolitical, national security and Covid-19 with enforcement activity
Partner, McDermott Will & Emery (USA) (Former United States Attorney for the District of Hawaii)
Robert A. Zink Partner, Quinn Emanuel Urquhart & Sullivan, LLP (USA) (Former Acting Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice)
4 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 5 Things to Flag Now: The Newest, Emerging FCPA and Anti-Corruption Compliance and Enforcement Risks CALENDAR-ALT September 30 Clock 2:00–3:00 pm (Eastern) ComplimentaryPre-ConferenceWebinar
5:00 Conference Concludes
Track 1: Ethical Corporate Culture in Uncertain Times
Remarks from the Co-Chairs
General3:00 Counsel Interview
Town Hall with DOJ, SEC, and FBI
Interview2:00
Track 1: Measuring Compliance Program
PART III: Third-Party and Supply Chain Due Diligence Dilemmas
3:45 Networking Break
5:00
Track 3: Winning the Board Over 1:00 Networking Luncheon
Interview11:15 with the Deputy Attorney General
4:45
Track 2: The Lesser-Known Takeaways from the Whistleblower Amendments
TrackEffectiveness2:AMLA and Anti-Corruption
6:00
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 5 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check PRE-CONFERENCE PROGRAMS November 30, 2021 POST-CONFERENCE PROGRAM December 3, 2021 MAIN CONFERENCE DAY 1 December 1, 2021 MAIN CONFERENCE DAY 2 December 2, 2021 9:00–12:30 WORKSHOP A FCPA Boot Camp: A Deep Dive into Key Requirements and the Core Components of an Effective Compliance Program 1:30–5:00 WORKSHOP B Third Party & Supply Chain Management Handbook: A Comprehensive Guide for Due Diligence, Monitoring and Risk Management Welcome6:00 Back Cocktail & Main Conference Pre-Registration 9:00–5:00ESGTHINK TANK “Off the Record” Benchmarking on Critical ESG Issues Coming Across your Desk 9:00 –PRACTICAL4:45 GUIDE TO FCPA DATA ANALYTICS A Uniquely Interactive Event on How to Harness Data Analytics, AI and Machine Learning for FCPA Compliance, Investigations and Audits Registration7:30 & Breakfast Opening8:30 Remarks from the Co-Chairs FCPA8:45 Year in Review 9:45 INTERNATIONAL RISK SERIES PART I: National Security Study Memorandum 10:45 Networking Break
12:00 BREAKOUT SESSIONS D
Investigations11:00 of Individuals in Real Life
11:45 INTERNATIONAL RISK SERIES
Your Program to the Agencies
9:35 Networking Break
Track 3: Central America Boardroom Series 3:30 Networking Break 4:00 BREAKOUT SESSIONS B
Part II: The Practice Behind the Policies
Track 2: Enforcement of the FCPA’s Internal Controls Provision
Track 3: Special Industry Groups (SIGs) Welcome Back Networking Cocktail Reception
Track 1: Ephemeral Communications
Interview2:15
with DOJ & DHS Joint Task Force Alpha
Track 3: China Boardroom Series Networking Break BREAKOUT SESSIONS C
12:45 Networking Luncheon
Opening8:30
Closing4:00
Schedule of Events
2:30 BREAKOUT SESSIONS A
Track 1: Enforcement in Latin America
8:35 INTERNATIONAL RISK SERIES
Defending10:00
with the SFO Director
Track 2: Internal Investigations Program
Wilmer Cutler Pickering Hale and Dorr LLP
U.S. Securities and Exchange Commission
Kimberly-Clark
Charles Cain
Director, Division of Enforcement
Speaker Faculty
Stephen Cohen Partner
Jill Dailey
Edward (Ted) B. Diskant Partner
Merck & Co., Inc.
McDermott Will & Emery
Miller & Chevalier Chartered
Jean-François Bohnert
Paul Hastings LLP (FR)
6 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct
John D. Buretta Partner
Steven E. Fagell Partner
Smith Pachter McWhorter
Vice President & Lead Counsel GM Defense
Sidley Austin LLP
Co-Chairs’ Sponsors Venue
Chief Public Prosecutor, Head National Financial Prosecution Office (PNF) – Paris
Joseph M. Azam
U.S. Department of Justice
Peter Burrell Partner
Matteson Ellis Member
SVP, Chief Ethics and Compliance Officer
U.S. Securities and Exchange Commission
Lorinda Laryea
Chief Ethics & Compliance Officer
Willkie Farr & Gallagher LLP (UK)
Covington & Burling LLP
Laura N. Perkins Partner
Maria Gonzalez Calvet Partner
Derek Ettinger
Hughes Hubbard & Reed LLP
U.S. Department of Justice
Freshfields Bruckhaus Deringer LLP
Welcome Schedule of Events Speakers Agenda
Assistant Director, FCPA Unit U.S. Securities and Exchange Commission
U.S. Department of Justice
Joshua W. DeLay
Hollie K. Foust
GOVERNMENT SPEAKERS
Iris Bennett Partner
Chief, FCPA Unit, Division of Enforcement
Patricia Etzold Partner
Robert Dodge
Nicola Bonucci Partner
Special Agent, Program Manager, Department of Justice Liaison, Illicit Finance & Proceeds of Crime Unit Homeland InvestigationsSecurity
Eric B. Bruce Partner
James J. Gibson
Assistant Chief, FCPA Unit, Fraud Section
Christopher Cestaro Partner
Jeffrey Coleman Unit Chief, International Corruption Unit
Gerald Moody
Latham & Watkins LLP
Weil, Gotshal & Manges LLP
ESTEEMED FACULTY
Lisa Monaco
U.S. Department of Justice
Resolution Economics LLC
Kate Garfinkel
KEYNOTE SPEAKERS
Lisa Osofsky Director
Cravath, Swaine & Moore LLP
Joseph Beemsterboer
Assistant Chief, FCPA Unit, Fraud Section
Global Compliance Counsel
2021 CO-CHAIRS
Deputy Attorney General U.S. Department of Justice
William (Widge) Devaney Partner
Senior Vice President, Chief Ethics, Compliance and Privacy Officer Alcoa
Pricing REGISTER All Secure shield-check
Lisa LeCointe-Cephas
Kurt L. Drake
Arnold & Porter Kaye Scholer LLP
Senior Vice President, Chief Compliance & Ethics Officer Infor
Acting Chief, Fraud Section
Federal Bureau of Investigation
Gurbir Grewal
Davis Polk & Wardwell LLP
Erin Brown Jones Partner
Sarah Coyne Partner
Deputy General Counsel Cardinal Health
Assistant Chief, FCPA Unit Fraud Section, Criminal Division
Serious Fraud Office (UK)
Marcus Asner Partner
Miller & Chevalier Chartered
U.S. Department of Justice
Kathryn Atkinson Member
Brian Baldrate
Greg D. Andres Partner
VP and Chief Compliance Officer Incyte
Baker McKenzie
David Last Chief, FCPA Unit
The Coca-Cola Company
Ropes & Gray LLP
Ropes & Gray LLP
Ryan Rohlfsen Partner
Vice President & Head of Conduct & Integrity Goldman Sachs Ruti Smithline Partner
Nancy Higgins
Huntington Ingalls Industries, Inc.
Morrison & Foerster LLP
VP, Chief Compliance & Privacy Officer
Corporate Vice President and Chief Compliance and Privacy Officer
Orrick Herrington & Sutcliffe LLP
Jonathan Lopez Partner
VP, Anti-Corruption and Global Trade, Ethics & Compliance Office Hewlett Packard Enterprise
Latham & Watkins LLP
Justin Siegel
Brad Mroski Managing Director Alix Partners
TDI
Zoom Video Communications
Covington & Burling LLP
Bio-Rad Laboratories
Dottie Schindlinger Executive Director Diligent Institute
Veronica Yepez Partner
Cari Robinson EVP, General Counsel Revlon Inc.
Gibson, Dunn & Crutcher LLP
Sarah Walters Partner
PwC US
Julia Symon
Kwame J. Manley Partner
Chief Compliance and Ethics Officer, Chief Privacy Officer
The Central America Bottling Corporation
MUFG, Bank, Ltd.
Paul Hastings LLP
Tami Stark Counsel White & Case LLP
Morrison & Foerster LLP
GlobalPartner,Financial Crimes Leader
Foreign PracticesCorruptAct
Sam Pailca Associate General Counsel, Office of Legal Compliance Microsoft
Rebecca Rohr
VP & Chief Ethics and Compliance Officer
Brian E. Kowalski Partner
Carl Hahn
Claudius Sokenu
VP and Chief Compliance Officer Northrop Grumman Corporation
Jeffrey Lavine
Robert A. Johnston Partner
Steven A. Tyrell Managing Partner
Mayer Brown
Michael K. Lowman Member
James Koukios Partner
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLP
Joseph Walker Partner
Merck & Co., Inc.
Tim Zirkel MD, Global Head of Anti-Bribery and Corruption Compliance
F. Joseph Warin Partner
Darryl Lew Partner
Rachel Maimin Partner
Martin J. Weinstein Partner
Chief Compliance Officer, Vice President (Legal) KBR
Morgan, Lewis & Bockius LLP
JPMorgan Chase & Co.
Lynn Haaland
Bechtel
Kimberly A. Parker Partner
Kelly Thorman Director
Paul C. Harris
David A. Thompson
Audrey Harris Partner
John J. Please III Partner
Morgan, Lewis & Bockius LLP
Jennifer Zachary Executive Vice President, General Counsel and Corporate Secretary
Senior Vice President, Deputy General Counsel Global Head of Litigation Cognizant
Covington & Burling LLP
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 7 FCPA
Orrick Herrington & Sutcliffe LLP
Mayer Brown
Smith Pachter McWhorter PLC
Jennifer H. Saperstein Partner
Lowenstein Sandler LLP
Anne Murray Partner
Sulaksh Shah Partner, Forensics PwC US
McDermott Will & Emery
Wilmer Cutler Pickering Hale and Dorr LLP
Glenn Pomerantz
Sandra Moser Partner
Allen & Overy LLP
Executive Director, Head of APAC Anti-Corruption Compliance
Jason Linder Partner
Francisco Javier Ramos Chief Compliance Officer
Lowenstein Sandler LLP
White & Case LLP
Matthew Werner
Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
GlobalPartner;Forensics Practice Leader BDO
» Reasonable and bona fide expenditures
Expert faculty members will take a deep dive into the nuts and bolts of FCPA compliance toward laying the groundwork for the rest of the conference. Participants will benefit from a solid foundation, smaller-group learning, enhanced Q & A and helpful reference materials for their daily work after the event. Topics will include:
• A close look at new, heightened risks affecting organizations and their employees:
Co-Chairs’
9:00 AM – 12:30 PM
Foreign PracticesCorruptAct
» Whistleblower complaints
» Debarment
Kelly Thorman Director TDI
8 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA
» Civil liability
» Consultants
» Joint venture partners
November 30th • PRE-CONFERENCE WORKSHOP A
» Agents
• What it means to “pay, offer or promise to pay, or authorize the payment of anything of value to a foreign official in order to influence any act or decision of the official in order to obtain or retain business”
» Third party due diligence and monitoring requirements
» What are the implications for employees, executives and board members?
» Criminal liability
» Distributors and sub-distributors
FCPA Boot Camp: A Deep Dive into Key Requirements and the Core Components of an Effective Compliance Program
» Regulatory actions and shareholder suits
» Reputational damage
Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
» Foreign Private Issuers (FPI) – who qualifies?
• Who is covered by the FCPA
• What are the exceptions under the FCPA?
• Books and records requirements: What it means to maintain records that “accurately and fairly” reflect transactions
» What is the extraterritorial reach of the FCPA?
• Key enforcement agencies, their roles and jurisdictions
» Foreign subsidiaries, joint venture partners?
• What does “anything of value” mean? » Gifts and entertainment
Joseph Walker Partner Orrick Herrington & Sutcliffe LLP
• Facilitating payments: limits on “grease”
• Who is a “foreign official” under the FCPA and how to deal with employees of state-owned enterprises
» Customs agents and brokers
» Travel » Charitable and political contributions
1:30 – 5:00 PM
Erin Brown Jones Partner Latham & Watkins LLP
• How far you need to go in vetting 1st, 2nd, 3rd, 4th and lower third parties
• Unique challenges associated with critical types of third parties for your global business
• What to do with information uncovered during the vetting process: How to evaluate red flags
• Special considerations for exercising audit rights
Patricia Etzold Partner Resolution Economics LLC
At this practical, industry-driven working group, expert speakers will discuss how companies are using a tiered due diligence approach based on the appropriate risk level and type of third party in question. The session will discuss how to re-evaluate your risk ranking approach and manage the costs of a robust program.
• Addressing resistance to follow-up questions after an initial questionnaire
• Developing a model that stratifies your risk based on third parties — and how to Perform due diligence accordingly
With evolving risk factors and compliance obligations, don’t miss this worthwhile opportunity to upgrade your best practices. Discover how your approach to managing high stakes risks compares to your peers, and benefit from important takeaways for your work. Ample time will be left for Q & A, so please bring your questions!
Jill Dailey VP and Chief Compliance Officer Incyte
Third Party & Supply Chain Management Handbook: A Comprehensive Guide for Due Diligence, Monitoring and Risk Management
• How much due diligence is enough: How to know if your approach is truly “risk-based”
• Making the decision regarding which parties to use/not use: “On the Ground” obstacles to monitoring third party conduct
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 9 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
November 30th • PRE-CONFERENCE WORKSHOP B
• Impact of GDPR on third party due diligence
• When and how much due diligence to perform for an ongoing, existing third-party relationship
• When and how much to train third parties
• What you need in a questionnaire for third parties
• How to incorporate effective front-end vetting and screening protocols based on the type of relationship and interests represented by the third party
• Understanding the local business environment, customs and practices
Join ESG, investment, legal and compliance decision-makers for a full day of the record” discussion, Q&A and best practices for addressing employee, investor, board and regulator expectations. Learn from the trailblazers on how to develop, implement and monitor ESG programs and embed these priorities into your organization-wide culture.
“off
With so much on the line, miss out on expanding your network and trust” in this rapidly evolving area!
don’t
“Off the Record” Benchmarking on Critical ESG Issues Coming Across Your Desk.
“brain
Co-Chairs’9:00 Opening Remarks SEC9:15 Update on ESG Reporting and Disclosures What makes a “Best-In-Class” ESG Program: Concrete Examples of Integrating ESG into Your Business, Procurement, Structure, and Organizational Priorities Part9:45 I: Creating Value Through Your ESG Strategy: The Key Pillars and Priorities Needed for an Effective, Enterprise-Wide Program Part10:30II: Identifying the Key Data, Metrics and Risk Factors to Prioritize in Your Program 11:15 Networking Break 11:30 YOU HAVE YOUR PROGRAM; NOW WHAT? “OPERATIONALIZING” ESG Translating Your Policies and Values into Action to Enhance Competitiveness, Transparency, and Satisfy Internal and External Stakeholders 12:15 CROSS-INDUSTRY PERSPECTIVES ON SEC REPORTING REQUIREMENTS Varying Interpretations, Grey Areas, and “Scoping” Your Disclosure for Regulatory and Strategic Purposes 1:00 Networking Luncheon 2:00 GETTING THE EAR OF THE BOARD, YOUR C-SUITE, AND OTHER KEY STAKEHOLDERS Demonstrating the Value and ROI of ESG Initiatives and Job Functions 2:45 ESG AND HUMAN RIGHTS DUE DILIGENCE IN PRACTICE Scoping, Evaluating and Mitigating Evolving Legal and Reputational Risk Factors 3:30 Networking Break 3:45 VIEW FROM THE INVESTORS Enhancing Your ESG Program and Disclosures to Support a Strong Investor Engagement Strategy 4:30 TRANSLATING REPORTING INTO ACTION Rolling Out Climate, DE&I, and Governance Initiatives Inside and Out of Your Organization Part I. E: Environmental Disclosures Part II. S: Human Capital Reporting Part III. G: Governance Initiatives 5:15 SEC DISCLOSURE CASE STUDIES – INSIDE TWO ESG REPORTS ON CLIMATE AND HUMAN CAPITAL Utilizing “Storytelling” to Supplement Metrics, Connect with Stakeholders, and Increase Brand Loyalty 1. Human Capital 2. ESG Climate Disclosures 6:00 WELCOME COCKTAIL RECEPTION Pre-Registration for 38th International Conference on the FCPA AGENDA-AT-A-GLANCE
ACI is excited to announce the inaugural ESG Think Tank on November 30th This in-person “boardroom-style” forum will provide candid discussion on the most pressing, high stakes ESG challenges affecting industry.
–
out.
10 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check November 30th, 2021
Introduced by popular demand, this program is expected to sell Save your seat for this one-of-a kind event!
!
For more AmericanConference.com/ESGThinkTankinformation:
» Voluntary disclosure
» Cases, statistics, and important takeaways
DOJ and SEC Unit Chiefs will discuss key developments over the last twelve months, priorities for the next year, and the changing enforcement landscape.
• Corporate and individual enforcement
Covington & Burling LLP
• Compliance and enforcement in the COVID-19 era
» Evidence gathering in a remote world
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 11 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check DECEMBER 1st • MAIN CONFERENCE DAY ONE Registration7:30 & Breakfast Opening8:30 Remarks from the Co-Chairs
• New legislation, policies, and guidance
» Intersection between FCPA and AML and new enforcement tools
» Pace of updates to guidance
» Approach to monitorships
CALENDAR-ALT
• The enforcement pipeline and the year ahead
David Last Chief, FCPA Unit U.S. Department of Justice
StevenMODERATOR:E.Fagell Partner
FCPA8:45 YEAR IN REVIEW
» Expectations of companies and external counsel
» National security initiative
Charles Cain Chief, FCPA Unit, Division of Enforcement U.S. Securities and Exchange Commission
» Coordination with foreign counterparts and how the anti-piling on policy is working in practice
In this session, panelists will explore President Biden's recent directive establishing the fight against corruption as a core U.S. national security interest. Topics of discussion will include:
PART I: The Biden Administration’s National Security Study Memorandum (NSSM): Predictions on the Global Enforcement Aftermath and Evolving Risk Landscape
TaMODERATOR:miStark Counsel White & Case LLP
SPECIAL INTERVIEW WITH:
U.S. Department of Justice
Lisa Monaco Deputy Attorney General
AUDIENCE POLLING Exclamation-Triangle
Gibson, Dunn & Crutcher LLP
12 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check 9:45 INTERNATIONAL RISK SERIES
• What should the role of the private sector be to advance this initiative?
Networking10:45 Break 11:15
Eric B. Bruce Partner Freshfields Bruckhaus Deringer LLP
INTERVIEWED BY:
• What, if any, new anti-corruption legislation will likely be proposed as part of the initiative?
• Will increased coordination and information-sharing between US law enforcement and intelligence agencies, as well as international partners, increase the effectiveness of FCPA enforcement?
• Will establishing a "beneficial ownership" registry and increasing scrutiny of offshore trusts increase transparency?
F. Joseph Warin Partner
» What should companies be doing now as a result?
MartinMODERATOR:J.Weinstein Partner Willkie Farr & Gallagher LLP
» Reviewing governmental guidance on applicable law
» Leveraging cross-department resources to create efficiencies and foster an organization-wide culture of compliance
In this highly anticipated session, companies that have made their policies public will discuss the rationales for the development of their processes and procedures, and the realities affecting policy implementation. Topics of discussion will include:
• Supporting the implementation of your policy
• Raising awareness of relevant international and national anti-corruption conventions
Sam Pailca Associate General Counsel, Office of Legal Compliance Microsoft
Kate Garfinkel Senior Vice President, Chief Ethics, Compliance and Privacy Officer Alcoa
• Identifying the key components of your company’s policy, no matter the size
• Deciding how to assess your corruption risk
11:45 RISK SERIES
» Overcoming challenges to implementation such as lack of financial or personnel resources
PART II: The Practice Behind the Policies: Companies That Made Their Policies Public Share the Realities of Implementation
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 13 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
James Gibson Global Compliance Counsel The Coca-Cola Company
• Determining the anti-corruption measures to adopt
» Crafting the right internal messaging and training
• Obtaining executive commitment and management buy-in
INTERNATIONAL
Networking12:45 Luncheon Women12:45 in FCPA and Anti-Corruption Luncheon * By invitation only. 2:00KEYNOTE SPEAKER: Lisa Osofsky Director Serious Fraud Office (UK) AUDIENCE POLLING Exclamation-Triangle
Jeffrey Lavine CrimesGlobalPartner,FinancialLeader
» Potential challenges to its use
• Evaluating controls by means other than audits
» The practical effect of the subpoena power
Co-Chairs’
PwC US Robert JohnstonA. Partner SandlerLowensteinLLP
Networking3:30 Break
CENTRAL AMERICA BOARDROOM SERIES*
Measuring the Effectiveness of Your Compliance Program: Compliance Lessons and Where Companies Go Wrong
• Assessing the laws governing the registration of beneficial ownership for business entities
Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
• Deciding which metrics are rights to measure the effectiveness of your compliance initiatives
» What you can do today to prepare for tomorrow
MUFG, Bank, Ltd.
The Biden Administration has announced two new task forces targeting crime in Central America, amplifying their anti-corruption efforts in the region. The creation of these bodies underscores the risks facing companies operating in the Northern Triangle.
Miller & Chevalier Chartered
• Matching resources with the most applicable risk
Chief Compliance Officer
POLLING
• Analyzing the adjusted whistleblower rewards and protections
• Identifying the most formidable hurdles to implementation
• Assessing compliance controls in an era of remote work
* Attendance is limited. Please reserve your spot early.
14 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA
John J. Please III Partner Morgan, Lewis & Bockius LLP
TRACK AMLA2and Anti-Corruption: How the Application of AML Mechanisms to FCPA Prosecutions Affect Your Risk Calculus
• Ensuring your program is aligned on paper, and in practice
Edward (Ted) B. Diskant Partner McDermott Will & Emery
• Preparing for increased prosecution of foreign nationals with limited ties to the U.S.
Francisco Javier Ramos
• Identifying new and increased BSA penalties-and their practical impact
• Assessing which elements of your compliance program create business value
Designed as an intimate session, participants will convene with experts in a smaller-group format, allowing for candid, “off the record” discussions related to recent developments in Central America.
John D. Buretta Partner Cravath, Swaine & Moore LLP
Carl Hahn VP and Chief Compliance Officer Northrop Grumman Corporation
Tim Zirkel MD, Global Head of Anti-Bribery and Corruption Compliance
The Central America Bottling Corporation
This benchmarking session, designed for organizations with diverse size, operational and organizational complexities, and wide-ranging resources will delve into the finer points of how and what to measure for evaluating program effectiveness. Topics will include:
BREAKOUT2:30 SESSIONS A
This session will unpack the DOJ’s reliance on AML and other statutes to prosecute foreign corruption cases. Expert speakers will also delve into the recent enactment of the Anti-Money Laundering Act of 2020 (AMLA) as another mechanism to fight corruption. Topics of discussion will include:
• Taking stock of guidance, reports and proposed regulations issued by FinCEN
AUDIENCE
Foreign PracticesCorruptAct
Matteson Ellis Member
• Reviewing the expanded authority to subpoena foreign financial institutions
TRACK 1
Designed to be more intimate, participants will convene with experts in a smaller-group format, allowing for candid, “off the record” discussion related to recent developments in the region, including how companies have adapted their policies to the local context.
• Outlining the key takeaways from the December 2020 amendments governing the rules to the SEC’s whistleblower program
• Outlining under what circumstances DOJ will bring an action v. taking a percentage of the penalties
Iris Bennett Partner
JPMorgan Chase & Co.
• How legislative and regulatory reforms could result in increased whistleblowing reporting
CHINA BOARDROOM SERIES*
• Thinking creatively about resourcing amidst arduous circumstances
SESSIONS B
Ruti Smithline Partner Morrison & Foerster LLP
• Detailing international anti-corruption enforcement in the region
Brad Mroski Managing Director Alix Partners
• Identifying legal and compliance strategies for companies doing business in Latin America
TRACK 2
• Taking stock of the impact of expanding the definition of “action” to include DPAs and NPAs entered into with DOJ and SEC
The global pandemic brought many things to a screeching halt –but whistleblower complaints were not one of them. Further, recent legislative developments are anticipated to increase employee whistleblowing-and the need for organizations to strengthen their policies and practices. Points of discussion will include:
Multinationals are re-assessing their risk in China amid proposed data security protection laws, the Anti-Foreign sanctions law, China-U.S. policy updates, and recent FCPA enforcement actions in the region. Refining your anti-corruption compliance and operational strategy for China is more critical than ever before.
* Attendance is limited. Please reserve your spot early.
• Detailing the procedural changes designed to facilitate more efficient resolutions of frivolous claims
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 15 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
• Analyzing interpretive guidance required for “independent analysis”
David A. Thompson Executive Director, Head of APAC Anti-Corruption Compliance
As FCPA enforcement intensifies and the Biden Administration heightens its focus on Latin America, this critically important session will address key questions at the forefront, including:
The Lesser-Known Takeaways from the Whistleblower Amendments: Lessons from Recent Awards, and Best Practices for Whistleblower Protections
The New Face of Enforcement Across Latin America: FBI Task Force and Leading Practitioners Discuss New, Emerging Legal, Compliance and Geopolitical Trends
Audrey Harris Partner Mayer Brown Marcus Asner Partner Arnold & Porter Kaye Scholer LLP
» Devising nimble and effective strategies to mitigate compliance risks
TRACK 1
• Discussing the state of anti-corruption enforcement in Latin America
Justin Siegel Vice President & Head of Conduct & Integrity Goldman Sachs
BREAKOUT4:00
Smith Pachter McWhorter
Networking4:45 Break
• Reviewing the new definition of “whistleblower”
• Reviewing the Odebrecht-related corruption fallout in the region
• Creating standards, manuals, policies, operating procedures for the team
AUDIENCE POLLING
Willkie Farr & Gallagher LLP (UK)
Come prepared with your questions as our panel of thought leaders talk candidly about their new day-to-day “normal” in the wake of COVID-19, and outline the pitfalls to avoid, whether in-person or remote.
Legal and compliance decision-makers will share their experiences and lessons learned for promoting an ethical corporate culture amid difficult conditions, including the global pandemic, geopolitical shifts, post-M&A integration, enforcement actions, and more. Points of discussion will include:
Huntington Ingalls Industries, Inc.
Connect in a smaller-group setting with like-minded individuals from your industry. Expand your network and gain best practices tailored to the realities of your business.
Joseph M. Azam
• When and when not to investigate new or peripheral red flags
» Important takeaways on what has worked, and what has proven ineffective
Julia Symon Chief Compliance Officer, PresidentVice(Legal)
Paul C. Harris
Tech & Telecom
Michael K. Lowman Member
• Reviewing the impact of recent DOJ enforcement actions and settlements
• Delivering effective training to team members
Strengthening an Ethical Corporate Culture in Uncertain Times: Real-Life Examples of Innovative Practices for Resonating Inside and Out of the Office
KBR
Smith Pachter McWhorter PLC
Kathryn Atkinson Member Miller & CharteredChevalier
Cognizant
Nicola Bonucci Partner
Matthew Werner
SESSIONS C
Corporate Vice President and Chief Compliance and Privacy Officer
Kimberly A. Parker Partner Wilmer andPickeringCutlerHaleDorrLLP
Ropes & Gray LLP
• How industry is revisiting employee hotlines, messaging, and training
Paul Hastings LLP (FR)
TRACK What’s2Missing in Your Internal Investigations Program? The Latest Takeaways for In-Person and Remote—and the Unexpected Pitfalls
VP, Chief Compliance & Privacy Officer
SPECIAL INDUSTRY GROUPS (SIGs)
• Best practices for investigations involving former employees
• When to involve outside counsel
• Best practices for employee training, complaint response, and more
BREAKOUT5:00
• When Attorney-Client privilege may not apply
Ryan Rohlfsen Partner
Covington & Burling LLP
• Budget: How much you need to spend and mitigating the risk of spiraling costs
TRACK 1
• Influencing behavior to develop a strong culture of compliance
16 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
• When to stop: How to know when to conclude the investigation
• Mitigating the risk of bribery, corruption, and noncompliance during periods of business disruption
Senior Vice President, Chief Compliance & Ethics Officer Infor Defense & Aerospace
Life Sciences
• Governance issues: What types of matters to report to your Audit Committee and the Board
Welcome6:00 Back Networking Cocktail Reception * Please note that some sessions may not be included in the livestream version of the conference.
Claudius Sokenu Senior LitigationGlobalGeneralPresident,ViceDeputyCounselHeadof
• Right-sizing internal investigations
Sarah Coyne Partner Weil, Gotshal & Manges LLP
• Lessons learned from remote document collection
Peter Burrell Partner
• Pitfalls to avoid when assessing confidentiality and privilege
Bio-Rad Laboratories
Jennifer H. Saperstein Partner
• To what extent are companies responsible for the conduct of foreign subsidiaries and ongoing oversight of these entities?
Brian E. Kowalski Partner Latham & Watkins LLP Anne Murray Partner Orrick Herrington & Sutcliffe LLP
» Examples of implementing new information collection methods, including when to involve new service providers in diligence processes
SPEAKER:
The last year has presented a host of new, unexpected questions as industry continues to navigate the realities of remote, hybrid and in-person work. To adapt, companies had to make nimble use of personnel, technology, and outside partners for due diligence and risk management.
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 17 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check DECEMBER 2nd • MAIN CONFERENCE DAY TWO Opening8:00 Remarks from the Co-Chairs 8:05 INTERNATIONAL RISK SERIES
• Deciding what constitutes adequate FCPA diligence in mergers and acquisitions
• Factoring geographical risk in due diligence methodologies
Jean-François Bohnert Chief Public Prosecutor, Head National Financial Prosecution Office (PNF) – Paris Exclamation-Triangle
KEYNOTE9:05
Brian Baldrate Vice President & Lead Counsel GM Defense Rebecca Rohr VP, Anti-Corruption and Global Trade, Ethics & Compliance Office Hewlett Packard Enterprise
• Documenting any new risks that arise due to the use of alternative diligence methods
As we look ahead to the next year, this panel will provide a real-world rundown of the biggest, most vexing dilemmas confronting industry-and the latest, proven best practices for addressing them. Topics will include:
• Onboarding and classifying third party intermediaries and monitoring their activities
PART III: Five Big Questions: Third-Party and Supply Chain Due Diligence Dilemmas: The Newest, Unexpected Challenges-and Concrete Examples of How to Resolve Them
• Devising strategies for updating third-party due diligence in alignment with the organization’s priorities
AUDIENCE POLLING
• Striking the right balance between diligence and ongoing monitoring
• Considering whether there is a need to communicate any specific diligence challenges to the relevant enforcement agencies
• Detailing the move toward prosecutions of corporate “gatekeepers” in particular, including general counsel, chief compliance officers and accountants
MODERATOR: Sulaksh Shah Partner, Forensics PwC US
With a flurry of individual investigations anticipated under the Biden Administration, and with the DOJ’s continued focus on holding individuals accountable for FCPA violations, this new session will delve into the changing landscape of risk for legal and compliance executives
• Detailing key program elements and improvements
Foreign PracticesCorruptAct
In June, President Biden directed more than a dozen United States agencies to perform a 200-day interagency review and report back with proposals on how the U.S. government could better combat corruption.
Baker McKenzie
Wilmer Cutler Pickering Hale and Dorr LLP
Leading practitioners who have represented individuals will discuss new, pressing questions, including:
Investigations11:00 of Individuals in Real Life: Defense Counsel and Former DOJ Officials Share How Cases are Now Unfolding, and What They Reveal about Liability Risks for Legal and Compliance Professionals
• Deciding when to self-disclose potential violations
Venue Pricing REGISTER All Secure shield-check
Kwame J. Manley Partner
WilliamMODERATOR:(Widge) Devaney Partner
James Koukios Partner Morrison & Foerster LLP
Rachel Maimin Partner Lowenstein Sandler LLP
18 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA
» How these expectations impact obtaining a favorable resolution
Defending10:00 Your FCPA Compliance Program to the Agencies: Preparing for a Meeting and What to Expect Amid the Biden Administration’s Intensified Focus on Foreign Corruption
Networking9:35 Break
• Reviewing the scope of legal and compliance officers’ obligations to investigate potential red flags and monitor suspicious activity
Welcome
• Outlining expectations of corporate internal investigations and remediation
• Identifying procedures and controls essential for preventing and detecting fraud and bribery v. secondary controls
Agenda
In response, this highly anticipated session will navigate how to prepare for meetings with key enforcement agencies and walk government decision-makers through your program.
Rohan A. Virginkar Partner Foley & Lardner LLP
Jonathan Lopez Partner Allen & Overy LLP
• Managing FCPA remediation
Jason Linder Partner Mayer Brown
Christopher Cestaro Partner
» Lessons learned from DOJ and SEC policies and settlements
• Navigating critical aspects of preparing for meetings with prosecutors
Co-Chairs’ Schedule of Events Speakers Sponsors
• Identifying potential liabilities for directors and officers
» Minimizing individual risk and harm to the company
• Outlining recent enforcement actions against individual executives and key takeaways
Paul Hastings LLP
Expert speakers will impart their experiences in demonstrating critical program elements and improvements, and best practices for fostering a constructive working relationship.
Hollie K. Foust Deputy CounselGeneral
Cardinal Health Veronica Yepez Partner
In today’s ever-evolving compliance landscape, demonstrating your value to C-suite management and the board is the key to effectuating change. This interactive session will offer you best practices for working with the board and management, and the finer points of escalating issues in an effective manner.
* Attendance is limited. Please reserve your spot early.
The Intensifying Enforcement of the FCPA’s Internal Controls Provision: Expanding Interpretation, Strict Liability, and Expectations for Industry
AUDIENCE POLLING
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 19 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check LIVESTREAM
Winning the Board Over: Interfacing with Boards of Directors in Good Times…and in Bad
McDermott Will & Emery
• Using analytics and AI for legal and compliance decision-making
Join this spirited discussion on the nuances and impact of recent cases involving the FCPA’s internal controls provision. Leading practitioners who have worked on some of the most significant matters will share invaluable lessons learned and best practices moving forward. Topics of discussion will include:
• Taking stock of DOJ’s update to its Evaluation of Corporate Compliance Programs highlighting the need for compliance and control personnel to have “sufficient direct or indirect access to relevant sources of data”
Nancy Higgins
• Implementing internal investigations practices for data localization, collection, and review
CriminalSection,Division
• Revisiting Bring Your Own Device (BYOD) policies and related data privacy and retention policy concerns
Dottie Schindlinger Executive Director Diligent Institute
When the global pandemic forced the workforce to work remotely, the use of ephemeral communication apps soared. This session will outline DOJ’s refinement of its stance on the use of the technology, review decisions from courts evaluating the impact to discovery, and identify best practices for the remote workforce.
BDO
Stephen Cohen Partner
TRACK 1
Lorinda Laryea Assistant Chief, FCPA Unit
Sarah Walters Partner
» Mitigating remote working risks
Covington & Burling LLP Maria CalvetGonzalez Partner Ropes & Gray LLP
• Identifying common examples of inadequate internal controls and related compliance program deficiencies to avoid
Ephemeral Communications Quandaries: How Industry is Updating Policies, Procedures and Monitoring – and What Can (and What Can’t) Yield Cooperation Credit
BREAKOUT12:00 SESSIONS D
VP & Chief Ethics and Compliance Officer Bechtel
• What recent enforcement cases reveal about SEC expectations for internal controls
Fraud
TRACK 3
Zoom CommunicationsVideo
Lynn Haaland Chief Compliance and Ethics Officer, Chief OfficerPrivacy
Glenn Pomerantz
TRACK 2
• Reviewing recent “no bribery” cases enforcing the internal controls provisions against issuers
» Identifying systematic patterns of bribery in your books and records
Partner; Global Forensics Practice Leader
• Cross-departmental synergy for audits and investigations
U.S. Department of Justice
Sidley Austin LLP
• How industry is addressing high stakes cybersecurity and data privacy dilemmas
Darryl Lew Partner White & Case LLP
Interview with DOJ & DHS Joint Task Force Alpha: Key Updates on Fighting Corruption in Central and South America
INTERVIEWED BY Steven A. Tyrell Managing Partner Weil, Gotshal & Manges LLP
Derek Ettinger Assistant Chief, FCPA Unit, Fraud Section U.S. Department of Justice
Counsel Interview
Special2:15
• The biggest risks to address for 2021—and the steps being taken now
Networking1:00 Luncheon
In June of 2021, AG Merrick Garland announced the establishment of Joint Task Force Alpha, a DOJ and DHS joint endeavor complementing existing anti-corruption efforts, noting that “DOJ will increase its focus on investigations, prosecutions, and asset recoveries relating to corruption.” The announcement underscores the Biden Administration’s commitment to pursuing anticorruption enforcement actions in Central and South America.
• General Counsel outlook for the next year on enforcement, compliance, whistleblowing, budgets and more
General3:00
• Implementing big picture cost-containment strategies
Cari Robinson
EVP, General Counsel Revlon Inc.
20 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check
You asked, we listened. Hear directly from a panel of general counsel from leading multinationals as they offer perspectives on:
• Identifying effective messaging for conveying value to the C-Suite and the Board
Joshua W. DeLay
• Revisiting the extent of legal exposure in the wake of the global pandemic, economic pressures and geopolitical developments
• Aligning legal departmental activities with the strategic goals of the business
Jennifer Zachary Executive Vice President, General Counsel and Corporate Secretary Merck & Co., Inc.
Special Agent, Program Manager, Department of Justice Liaison, Illicit Finance & Proceeds of Crime Unit Homeland Security Investigations
Joseph Beemsterboer
Part I: Panel Discussion Part II: Open Audience Q&A We encourage you to submit your questions anonymously to: Townhall@AmericanConference.com. 5:00 Conference Concludes * Please note that some sessions may not be included in the livestream version of the conference. UNIVERSITY Stay on for the PRACTICAL GUIDE TO DATA ANALYTICS – on the following day (see the next page for details) WHO ATTENDS: In-House Counsel, General Counsel, Chief Legal Officer 25% Partners from Law and Accounting Firms 24% VP/Director,ComplianceAnti-CorruptionandEthics23% Investigations & Due Diligence15Professionals% Chief Compliance Officer 13% 76% IN-HOUSE 24% ADVISORSOUTSIDETACHOMETER-ALT
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 21 FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check LIVESTREAM Networking3:45 Break CLOSING4:00 TOWN HALL WITH DOJ, SEC, AND FBI Participants will gain further insights on cross-agency coordination and compliance expectations, along with an extended opportunity for open Q&A with key enforcement officials. We invite you to join us once again to ask your questions and gain more takeaways!
Acting Chief, Fraud Section U.S. Department of Justice
Gurbir Grewal Director, Division of Enforcement
Jeffrey Coleman Unit Chief, International Corruption Unit Federal Bureau of Investigation
U.S. Securities and Exchange Commission
SandraMODERATOR:Moser Partner Morgan, Lewis & Bockius LLP
Stay on for critically important best practices and networking!
While
other events only scratch the surface, each segment of this agenda will include a practical, “how to” component. with case studies and hypotheticals. Whether you are at the cutting-edge, just starting out or somewhere in between, gain an upgraded blueprint with actionable takeaways. Remarks9:00 from the Co-Chairs 9:15 AUDIENCE POLLING Defining Your Risk Profile and Cross-Functional Team to Achieve Effective, Data-Driven Compliance and Monitoring PART I. Defining Metrics and Conducting Risk Assessments: Determining Risk Parameters to Facilitate Data Integrity and Corporate Guidelines PART II. Implementing a Data-Monitoring System: Creating a Fluid and Adaptable Program to Effectively Monitor Your Data PART III. AUDIENCE POLLING Assembling the Right Cross-Functional Team: Best Practices for Creating Synergy and Efficiency 10:45Live10:30DemoNetworking Break 11:00 DATA ACQUISITION AND DASHBOARDS Accessing and Capturing Clean, High-Value Data Across Disparate Systems and Data Sources 11:45 “DUMMY” DATA DASHBOARDS & DILEMMAS Testing Your Data and Testing Your Program: The Finer Points of Assessing Data Integrity 12:30 Networking Lunch 1:30 HYPOTHETICAL EXERCISES Leveraging AI and Machine Learning: Optimizing Algorithms to Improve Predictive Capabilities and Compliance Monitoring 2:15 CASE STUDIES: YOUR DATA GOVERNANCE ACTION PLAN Real-World Examples of How to Utilize Risk Scoring and Fine-Tune Internal Policies to Address Red Flags and Handle the Exception Processes 3:00 Networking Break 3:15 AUDIENCE POLLING EFFECTIVE INTERNAL INVESTIGATIONS How Companies and Outside Counsel are Leveraging Analytics, AI and Machine Learning 4:00 ARTIFICIAL INTELLIGENCE AND ETHICS Implementing an Ethical AI Framework and Code of 4:45ConductClosing Remarks from the Co-Chairs A Uniquely Interactive Event on How to Harness Data Analytics, AI and Machine Learning for FCPA Compliance, Investigations and Audits For more AmericanConference.com/FCPADataAnalyticsinformation:
22 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check AGENDA-AT-A-GLANCE December 3rd, 2021
We are closely monitoring industry best practices and will be evaluating further additional measures pertaining to vaccinations and on-site screening based on the advice of health authorities.
Attendance Screening
y We continue to work closely with our venue partners to ensure the safety of our attendees. Please check back frequently as we monitor and evolve our plan in the weeks ahead.
y They are not experiencing COVID-19 symptoms.
y Ongoing communication and advance planning with the venue regarding enhanced cleaning and sanitizing measures, response strategies and other onsite protocols.
For the protection and wellbeing of all event attendees, we have implemented a vaccination requirement for entry into the conference. All attendees and staff are required to provide proof of being fully vaccinated with a COVID-19 vaccine. A negative COVID-19 test result will not qualify for entry into the conference. Vaccination proof must be accompanied with a government-issued ID.
y Availability of personal hygiene and safety products including facial coverings where available.
Planning Ahead for Live Conferences: C5’s All Secure Safety Plan
Reduced Touchpoints
y Physical distancing protocols such as limiting attendance, directional signage and markers throughout the conference.
y Have not provided care for or had close contact with any person with or reasonably suspected of having COVID-19, or with any person who traveled outside of your home country or to an area under a travel health advisory.
y Distribution of local health-resource information in advance of the event.
Link to COVID-19 symptoms: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html
In-person Conference Participation Requirements
y Advance communication to all attendees on what to expect and prepare for at the conference: from registration to conference materials to room layout to food and beverage options and more.
All attendees will need to assert that at the time that they first attend the conference and for the 14 days prior:
Enhanced Communication
FCPA
Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing Secure shield-check
We reserve the right to deny entry to anyone not following the requirements above. Please note our entry policy is subject to change at any time based on changing local regulations.
Safety and Physical Distancing
y A conference room layout with planned seating for appropriate physical distancing.
Foreign PracticesCorruptAct
y Education and training for the team to ensure we provide a safe and secure conference experience.
All our events will adhere to official government and local authority guidance in addition to venue or location-specific regulations. Our live events will follow the commitments below.
y Food and beverage options that ensure minimal handling and exposure.
y Have not been advised by any health authority, government agency or regulation to selfisolate due to possible exposure to COVID-19.
REGISTER All
y Have not traveled from an area under a travel health advisory.
y Reduction of the physical distribution of onsite materials.
We look forward to the time when we are able to welcome you back to our live conferences. When you are ready to attend one of our conferences, you will see that a lot has changed. Social distancing and cleaning procedures that have now become a way of life for all of us are now the standard for how we will run our conferences. Our events will continue to offer unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise and now with a greater focus on the safety, health and well-being of all our guests.
As American Conference Institute and our partners begin to look forward to live events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery. In addition, to ensure your safety, our event staff is fully vaccinated.
Increased Cleaning and Sanitation
y Placement of hygiene stations throughout the conference including the registration area, meeting spaces and high frequency areas.
As per the guidance of the CDC, and the updated mask mandate that has been put in place by local government officials, masks are now required in all indoor public venues and businesses except while eating and drinking.
24 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA Foreign PracticesCorruptAct Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check FCPA Enforcement & Compliance West Coast Spring 2022 • Virtual Event June 2022 • New York January 2022 • HoustonDecember 2021 • Washington March 2022 • Mexico City December 2021 • Washington November 2021 • London EUROPEANFLAGSHIPEVENT May 2022 • San Francisco June 2022 • Singapore OUR ANTI-CORRUPTION PORTFOLIO Anti-Corruption BRAZIL Spring 2022 • Virtual Event
With roots in the conception of the FCPA and one of the deepest benches of former senior U.S. Department of Justice officials, Covington provides highly sophisticated anti-corruption advice in today’s heightened enforcement environment. Our team includes dozens of senior lawyers around the world who advise companies on the toughest questions, conduct internal investigations, and help design and implement effective compliance programs.
Companies facing high-stakes government and internal investigations, as well as those seeking anti-corruption risk assessments, M&A guidance and ad hoc counseling, rely on WilmerHale Clients benefit from the advice of more than 60 experienced anti-corruption lawyers with extensive knowledge in all aspects of the field. We represent companies and individuals in DOJ, SEC, UK Serious Fraud Office, and Chinese Administration for Industry and Commerce investigations; perform internal investigations on the ground in Asia, Africa, the Middle East, Europe, Latin America and elsewhere; conduct risk assessments and benchmarking; advise on strategic transactions; develop and enhance compliance programs; and draft and conduct anti-corruption training. In addition to our strong USbased team, clients benefit from our lawyers with extensive anti-corruption experience in the UK, Germany and China. For each of the past six years, Global Investigations Review has placed WilmerHale among the top four firms in its annual list of the world’s 30 leaders for investigations, and Chambers USA consistently recognizes WilmerHale as a leader in FCPA with our practice ranked Band 1 in the 2021 edition.
Dechert is a leading global law firm with 22 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients. For further information, https://www.dechert.com/
More than 40 of our lawyers around the world with experience handling matters arising under the U.S. Foreign Corrupt Practices Act (“FCPA”); the U.K. Bribery Act; related antimoney laundering, fraud, and sanctions laws; and the anti-corruption laws of numerous other jurisdictions. Members of our team have decades of experience, both as former prosecutors and white collar defenders. Our group includes: Former senior officials at the U.S. Department of Justice, including numerous Assistant U.S. Attorneys who focus on financial and white collar crime; former senior officials at the Securities and Exchange Commission (“SEC”), including a former senior member of the SEC’s FCPA specialized unit who led some of the largest FCPA enforcement actions ever brought; and longstanding practitioners who have spent their entire careers at the defense bar.
Working side-by-side with our clients, we serve not only as lawyers, but as trusted advisors.
LEAD SPONSORS
Latham & Watkins’ White Collar Defense & Investigations Practice represents organizations and individuals in the most sensitive and high-stakes corporate crises. Government investigations are enormously challenging for both organizations and executives. Employees feel intense stress, customers and investors demand action, individuals fear personal disaster, and critics multiply. And senior executives and directors are often unfamiliar with the motivations, procedures, and primary rhythms of a grand jury or civil fraud investigation. When even small, short-term actions can have long-term unintended consequences, a legal team that understands these complexities can make all the differences. Latham’s White Collar Defense & Investigations Practice includes 40 partners throughout the US and around the world. The team features regulatory practitioners, career defense advocates, and former high-ranking government lawyers from Republican and Democratic administrations. Latham lawyers are experienced in every substantive area, from securities regulation to healthcare fraud to export controls to environmental enforcement. And the firm has a cadre of lawyers who regularly try defense-side cases, whose courtroom skills are current and tested. While every investigation is different, Latham’s White Collar Defense & Investigations Practice organizes its approach around certain common principles.calculated steps that we and the company or individual agree are proportionate to the situation.
Our practice and track record of success have garnered the attention of some of the world’s leading legal ranking publications, including Global Investigations Review and Chambers USA, which highlight our exceptional individuals and collective anti-corruption counseling, investigations, and enforcement experience in the U.S. and abroad.
in 1888, Willkie Farr & Gallagher LLP is an international law firm with approximately 700 lawyers. With leading compliance, investigations and enforcement practitioners on both sides of the Atlantic, Willkie offers clients a cohesive approach to complex regulatory matters, including designing and implementing compliance programs, compliance counseling, transactional and other due diligence, internal and government investigations, and defending against criminal and civil charges. We have particular experience in matters relating to international business practices, including the FCPA and U.K. bribery Act. In 2013, Willkie was name one of Law360’s top 10 “Foreign Corrupt Practices Act (FCPA) Powerhouse Firms,” and three of our partners authored a comprehensive treatise, The Foreign Corrupt Practices Act: Compliance Investigations, and Enforcement. In 2019, the firm launched the Willkie Compliance Concourse App, a first-of-its-kind web-based application for multinational companies, attorneys and compliance professionals seeking practical guidance on the numerous and diverse regulatory compliance risks that companies face. www.willkie.com
We approach each case, each client, and each other with integrity and respect, and our award winning pro-bono work enables us to connect individuals and communities with unimaginable success.
We have built a reputation for pursuing every matter with creativity and passion. Our industry knowledge, entrepreneurial drive, and proven commitment to our communities deliver a different and better law firm experience to our clients. We focus on building longstanding relationships and anticipating our clients’ needs, rather than responding to them.
We see our colleagues as family and commit to the personal development, support, and mentorship of all those under our roof. We work tirelessly to create a fully inclusive environment in which differing views and perspectives are welcomed and honored.
Morgan Lewis brings a cross-disciplinary team of lawyers to address every aspect of anti-corruption investigations and compliance. From due diligence in mergers and acquisitions to compliance and training, our lawyers have the skills to help keep companies out of danger. Where red flags are identified, we conduct efficient internal investigations to quickly gather relevant facts and advise the client on the best course of action. Our international presence allows us to respond effectively and quickly to any anti-corruption issue—wherever it arises. With one of the largest national White Collar Litigation & Government Investigations Practices, we have a background in and perspective from every aspect of the “corporate investigations prism” and have worked closely with the DOJ, SEC, and SFO, among other enforcement agencies. We weigh the advantages and disadvantages of self-disclosure based on the client’s circumstances, and where the government is already involved, we leverage our regulatory enforcement experience to defend companies and individuals in criminal or civil proceedings. Throughout the course of an investigation, we advise on remedial actions, using our understanding of and experience with enforcement agencies to best position the client to mitigate exposure. For more information click here or visit
including representations of companies and financial institutions, their boards, management and individual executives. Our experience runs the gamut from the defense of government investigations to internal investigations to all aspects of compliance work. Our criminal defense expertise across the globe is particularly suited to this moment with U.S. authorities routinely working with their overseas counterparts.
Davis Polk & Wardwell LLP (including its associated entities) is an elite global law firm with world-class practices across the board. Industry-leading companies and global financial institutions know they can rely on us for their most challenging legal and business matters. The firm’s topflight capabilities are grounded in a distinguished history of 170 years, and our global, forward-looking focus is supported by 10 offices strategically located in the world’s key financial centers and political capitals. Approximately 1,000 lawyers collaborate seamlessly across practice groups and geographies to provide clients with exceptional service, sophisticated advice and creative, practical solutions. Visit davispolk.com.
THANK YOU TO OUR SPONSORS
Foley & Lardner LLP’s International Government Enforcement Defense & Investigations Practice Group has been a leader in the international investigations, enforcement defense, and compliance space for more than 25 years; in fact, we focused on this area of law even before it became the topic of great concern and import that it is today. This long tenure has generated deep knowledge and experience. In the event of an enforcement action, our attorneys bring exceptional, long-practiced talent to bear on the response, providing business-driven solutions that measure risk and reward, and consider both cost and benefit. Foley pursues its clients’ objectives in an environment of collaboration and trust, working hand-in-hand with them to identify the issues and options, and to decide together the best courses of action. We aren’t interested in dictating answers, employing formulaic tactics, or endlessly expanding the scope of our investigations to get ahead of anything the government conceivably might do. Our legal representation is grounded in practicality, taking calculated steps that we and the company or individual agree are proportionate to the situation.
Lowenstein Sandler is a national law firm with over 350 lawyers working from five offices in New York, Palo Alto, New Jersey, Utah, and Washington, D.C. We represent clients in virtually every sector of the global economy, with particular strength in the areas of technology, life sciences, and investment funds.
www.morganlewis.com.Founded
We have handled matters in more than 70 different countries including boots-on-theground experience in Africa, Latin America, the Middle East, Europe, South Asia, East Asia, and Australia.
Allen & Overy’s global reach is both geographic and cultural in each of the 40 jurisdictions in which we have offices and beyond. This includes expertise in local anti-corruption laws, data privacy laws, and investigative rules and procedures. The result is an integrated team that can efficiently gather facts and analyze potential corruption issues globally, and then credibly present that analysis to regulators in the U.S. and around the world.
https://www.wilmerhale.com/en/solutions/foreign-corrupt-practices-act-and-anti-corruptionWebsite:Weofferacomprehensiverangeofanti-corruptionandFCPA-relatedcapabilitiesandexperience,
Across both counseling and investigations, we provide 24-hour support and seamless international coordination. Clients appreciate our ability to translate nuanced legal analysis into practical advice that makes business sense.
WilmerHale which has been practicing in this area since active enforcement of the FCPA began, is tied with only one other firm for advising on the most FCPA public settlements since late 2008. We have also obtained numerous non-public declinations for clients who were under investigation by enforcement authorities. Our team regularly counsels more than 80 public and nonpublic companies on anti-corruption compliance issues, and we have more than a dozen matters currently pending with the DOJ, SEC and/or other enforcement agencies.
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https://www.cov.com
Learn more at https://www.klgates.com/Government-Enforcement-Practices
The K&L Gates Anti-Bribery & Anti- Corruption practice is a powerful combination of extensive experience in a broad range of industries with a global reach, allowing us to meet client needs promptly and efficiently, wherever they arise. Our global team has represented clients in numerous cross-border investigations and government enforcement matters, as well as providing merger/ acquisition due diligence, anti-corruption training, and compliance reviews. Our practice includes:
Our team is supported by our broader platform of more than 40 offices across the globe, giving us additional resources and local expertise in virtually all of the world’s major commercial centers.
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When clients come to Ropes & Gray they find a global team of 1,400 professionals, whose top-notch skills, varied backgrounds and unique perspectives can help them meet high-stakes challenges, solve complex problems and reach their goals. An international presence, the firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul.
Smith Pachter McWhorter PLC is a “go to” boutique law firm with nationally recognized attorneys in Government Contracts, White Collar, and Construction Law. Our White Collar Team is comprised of veteran practitioners who have served with the DOJ, the SEC, and other agencies, and practiced at some of the largest international law firms and companies. Our experience covers the spectrum of advice and representations related to potential criminal and civil violations involving the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), Offices of the Inspector General (OIG), and other regulatory agencies. We couple our top-tier legal expertise with language capabilities as our team includes attorneys fluent in Spanish, Portuguese, Mandarin, German, Bosnian, Croatian, Serbian, and Farsi. That permit us to help our clients in some of the most challenging regulatory environments around the world. www.smithpachter.com
Ropes & Gray focuses on providing clients with the highest quality advice on their most critical legal and business needs. We’re a thoroughly contemporary firm that can bring 150 years of legal and institutional history to bear on the challenges clients face in today’s global, networked, 24/7 environment. Our collaborative approach means that our clients have ready access to leading corporate, litigation, transactional and regulatory lawyers whose knowledge and experience span industries and geographies.
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Orrick is a modern and inclusive law firm focused on serving the Tech & Innovation, Energy & Infrastructure and Finance sectors. Based in 25+ markets globally, we help our clients grow and innovate, we protect them, and we help them win.
Our team has extensive experience and insight across a broad range of issues involving the FCPA and other anti-corruption laws around the world. Our clients routinely seek our guidance in developing and testing compliance programs, mitigating risk in business partner relationships, performing transactional due diligence, undertaking risk assessments, conducting internal investigations, and defending against enforcement agencies in the United States and abroad. We work collaboratively with in-house legal and compliance teams and leverage our global network of resources and experience in the United States, Latin America, Europe/EMEA, and the Asia-Pacific region to ensure seamless geographic coverage for our clients.
Our White Collar & Investigations team is comprised of more than 60 lawyers in the U.S. and abroad, including many former DOJ and SEC officials with extensive experience prosecuting and defending anticorruption matters, including those brought pursuant to the Foreign Corrupt Practices Act (FCPA). We routinely counsel companies—and their officers, managers and directors— facing the unique challenges and risks posed by international operations and cross-border transactions. Clients call on us to help develop, implement and audit effective compliance programs, with training and policies designed to enhance rather than disrupt business operations. Our deep bench of former federal prosecutors and enforcement lawyers helps client stay ahead of potential enforcement actions, and where appropriate, has the experience to aggressively defend clients facing government scrutiny.
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Weil’s White Collar Defense, Regulatory and Investigations Practice is regarded as one of the global leaders in FCPA and other anti-bribery and corruption (AB&C) investigations and compliance counseling. We offer clients unparalleled experience in the most complex AB&C matters in both private practice and government service, global coverage, and excellent working relationships with AB&C regulatory agencies, which have helped us secure five declinations from the DOJ over the past five years on behalf of companies we represent. Our practice features a former Chief of the Fraud Section of the DOJ, as well as a former Chief of the Securities and Commodities Fraud Task Force in the U.S. Attorney’s Office for the Southern District of New York, and both a former Chief and Deputy Chief of the Business and Securities Fraud Section in the U.S. Attorney’s Office for the Eastern District of New York. Drawing on these and other members of our team in the U.S., Europe, and Asia, we provide counsel on sensitive investigations and related litigation, compliance program development, and transactional due diligence. https://www.weil.com/
McDermott Will & Emery is a leading international law firm with offices in 20 locations spanning three continents.
Our team advises clients on all aspects of anti-corruption law – designing and improving compliance programs, conducting due diligence on merger and acquisition targets and intermediaries, leading internal investigations and negotiating with government enforcement authorities, handling post-resolution compliance responsibilities, and navigating the civil litigation that often accompanies anti-corruption investigations. https://www.paulhastings.com/
Our Investigations & Forensics specialists who understand the threats and vulnerabilities that exist across industries and territories bring extensive regulatory experience that can help you get the facts fast.
Ever-changing market dynamics, technologies, regulations and unplanned events can obscure the path forward. Through an investigative mindset, intelligence and data analytics, we help our clients build resilient strategies and protect what matters most: reputation and value.
As a truly global law firm, White & Case is uniquely positioned to help clients facing legal and regulatory challenges worldwide. Our cross-border experience and diverse team of local, US and English-qualified lawyers consistently deliver results for our clients. In both established and emerging markets, our lawyers are integral, long-standing members of the community, giving our clients insights into the local business environment alongside our experience in multiple jurisdictions.
About PwC’s Investigations & Forensics
The firm’s White Collar, Securities Litigation, Investigations and Compliance practice group has more than 50 attorneys with extensive knowledge in all aspects of anticorruption compliance and enforcement. Our team has been on every side of the table: as defense lawyers, prosecutors and in-house counsel and is a market leader in FCPA and anti-corruption representation. We counsel our clients in the detection and prevention of FCPA violations and achieve positive results in the face of anti-corruption enforcement by governments and multi-lateral development banks. Our team has extensive knowledge and experience in all aspects of FCPA and anti-corruption investigation, enforcement, trial, compliance and monitoring.
Many of the world’s most respected companies and institutions are longtime clients. We also serve many organizations (and investors and individuals) at all stages of the business life cycle, from start-ups to establishment as industry leaders. They come back to us year after year to handle their most important matters. They do so, they say, because we understand their businesses, we are easy to work with and we get results.
For nearly 40 years, we have partnered with our clients to help them successfully protect against and mitigate significant FCPA and corruption-related legal, commercial, and reputational risks. Our clients include a cross-section of Global 100 corporations, mid-size and emerging companies, many of whom have worked with us for over a decade as they have expanded their businesses, and individuals facing inquiries and prosecution from U.S. and foreign enforcement authorities. Our team of lawyers includes one of the “deans of the international trade bar” (according to Chambers), former prosecutors, former in-house counsel, and several partners who have served as independent compliance Monitors.
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We counsel clients on a range of issues with multi-jurisdictional connections, from bribery and money laundering to fraud, sanctions and securities violations. We work with some of the world’s most respected and well-established financial institutions and other businesses, as well as start-up visionaries, governments and state-owned entities. We help our clients adopt sound policies and practices, ensure compliance, and protect their competitive advantage.
AlixPartners is a results-driven global consulting firm that specializes in helping businesses respond quickly and decisively to their most critical challenges. Our Investigations, Disputes & Risk group works with companies on corporate investigations, disputes, and asset recovery, serving as forensic accountants, experts, data analysts. The way we work – with our clients and with each other – is as much part of who we are as what we do. When it really matters.
We work with you to institute an FCPA compliance strategy that employs a balanced approach with both proactive measures and defensive tactics, helping you prepare, respond and emerge stronger. To learn more, please visit www.pwc.com/us/forensics
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Miller & Chevalier is a recognized leader in anti-corruption investigations, counseling, and compliance. Consistently ranked as a top FCPA firm by Chambers Global, Chambers USA, and Chambers Latin America, which note our “broad spread of talent at both partner and associate level,” we are “frequently called upon to handle high-stakes global investigations” and for our “[s] uperb compliance offering with extensive experience in everything from transactional due diligence to major corporate monitorships.”
Baker McKenzie has one of the top Foreign Corrupt Practices Act teams in the United States. Our lawyers include nationwide experts who have been dealing with the regulatory and enforcement agencies since the FCPA was enacted by the US Congress in 1977. Across our US offices, our group consists of seasoned investigators and white collar defense attorneys, several former federal prosecutors and SEC enforcement lawyers with more than 140 years of collective DOJ experience, as well as corporate lawyers and litigators, who have extensive experience assisting companies with their compliance efforts. We are best known for conducting multi-layered, multijurisdictional investigations and defending clients in cross-border enforcement actions, as well as providing risk management advice in a variety of practice areas -- anti-bribery and corruption, trade compliance, sanctions and boycotts, customs, cybersecurity, data privacy, AML and financial regulatory, health and safety, tax and supply chain. This is achieved through Baker McKenzie’s hallmark of collaboration and fluency, between offices, jurisdictions, practice areas, industry groups and technical disciplines. We bring together the best team for our clients’ needs, leveraging our deep experience in crossborder and parallel investigations, local expertise and subject matter expertise.
MoFo’s award-winning FCPA + Global Anti-Corruption practice is led by two former managers of the U.S. Department of Justice’s (DOJ) FCPA Unit: the former Deputy Chief of the FCPA Unit who was in charge of all of DOJ’s FCPA investigations and resolutions in the United States and was one of the principal authors of the widely acclaimed publication A Resource Guide to the U.S. Foreign Corrupt Practices Act; and a former Assistant Chief of the FCPA Unit who successfully tried two landmark FCPA-related cases and was later promoted to Senior Deputy Chief, the Fraud Section’s third-ranking official.
Recognized by Global Investigations Review (GIR) as a Most Impressive Investigations Practice and among the Elite practices in Washington, D.C.’s FCBA Bar, Paul Hastings supports cross-border, multi-jurisdictional investigations and assist our clients in the emerging multi-dimensional enforcement space. Our clients have access to a deep bench of seasoned professionals, including senior defense lawyers as well as former enforcement attorneys from both the DOJ and SEC. We have substantial experience representing individual and corporate clients before enforcement agencies, and our unparalleled experience in the anti-corruption arena has led to numerous governmentappointed compliance monitorships for multi-national companies. The American Lawyer honored the firm with its Global Dispute of the Year: Investigations (Latin America) for our work advising Braskem on its history-making FCPA settlement. Paul Hastings has been the second most active global law firm advising on FCPA monitorships and settlements, playing a key role in virtually every significant FCPA settlement over the last decade, including the first simultaneous resolution to include United States and Brazilian authorities.
Greenberg Traurig’s Global Anti-Corruption Enforcement & Compliance Practice represents and defends companies and individuals worldwide, providing strategic, tactical advice for those suspected or alleged of bribery and/or corruption.
Visit Hughes Hubbard’s booth during the conference to learn more about our unique approach to anti-corruption investigations and compliance and to reserve your copy of our forthcoming FCPA and Anti-Bribery Alert. This annual guide is a leading resource for anti-corruption professionals around the world. The Alert provides insight into emerging trends in global anti-corruption enforcement, as well as lessons learned from settlements and prosecutions in jurisdictions around the world during the previous year.
For additional information on Forensics or to subscribe to BDO publications, please visit www.bdo.com
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Resolution Economics’ team of experienced and credentialed accountants, data scientists, and forensic technologists strive to bring clarity and focus to complex and unstructured problems. Our Financial Advisory Services team has years of accounting and investigative expertise, which includes anti-bribery and anti-corruption consulting and diligence, FCPA investigations, forensic accounting, presenting to regulatory authorities, and other complex financial and accounting engagements. Resolution Economics leverages digital forensics and analytic services to enhance value for their clients, which include law firms, public and private companies, and government agencies.
• Fraud analytics
Mayer Brown’s Global Anti-Corruption and FCPA practice has drawn numerous accolades for both the group and its lawyers from leading publications such as Chambers and Legal 500. For seven years running, Global Investigations Review (GIR) has ranked the firm in its “GIR 30” list of the “most trusted” firms in the world for cross-border investigations. Clients routinely turn to us for their most complex, important and cutting-edge challenges worldwide, including government investigations (whether by the DOJ, SEC or other US or foreign authorities), internal investigations, compliance counseling and corruption-related transactional advice. We offer unmatched experience and global presence, with leading white collar practitioners in the Americas, Asia and Europe. Please visit mayerbrown.com for more information.
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• Forensic accounting and investigations
www.steptoe.com
Our team also frequently assists clients with performing due diligence identifying any potential business concerns and developing anti-corruption compliance strategies, including designing and implementing anti-corruption compliance programs. The team conducts complex risk and program assessments, provides critical pre- and postacquisition anti-corruption due diligence, drafts anti-corruption policies and procedures, provides anti-corruption training for key employees and third-party intermediaries, advises on anti-corruption financial controls, and monitors existing compliance programs. We also provide day-to-day compliance advice.
• Accountants’ professional liability
Freshfields is a distinguished global investigations firm and offers deep familiarity with US enforcement agencies. Our anti-bribery and corruption practice works efficiently with team members around the world and understands the global regulatory arena, and regularly represent clients before the DOJ and SEC in government investigations conducted under the FCPA, alongside understanding the interplay with foreign regulators. We work as one firm with our colleagues around the world to investigate, address and advise on risks to our clients’ businesses.
TDI is a strategic advisory and risk intelligence firm that helps multinational organizations more effectively manage commercial, regulatory, and reputational risk. We deliver a decisive information advantage to our clients through advisory services, due diligence and investigations, and a best-in-class analytics suite that dramatically increases efficiency and provides critical insights. Founded in 1999, TDI’s unique blend of commercial, intelligence, and technology experience allows us to understand and evaluate people, assets, and transactions within their broader political and commercial context.
Global Insight. Actionable Intelligence.
• Global e-discovery
As a leading global provider of ethics and compliance software, Convercent empowers the world’s largest and most admired companies to understand organizational risk, protect their brand, and engage employees. Its Ethics Cloud Platform includes the Ethics and Compliance Portal; Helpline and Case Manager; Third-Party Risk Management; Policy and Learning; and Disclosures. Convercent has over 800 global customers including Microsoft, Four Seasons Hotels and Resorts, Capgemini and Under Armour, representing almost seven million employees in 150 countries.
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Cravath is a trusted adviser to the world’s leading companies, their boards of directors and senior executives in the full range of corporate crises, regulatory enforcement proceedings and white collar criminal defense matters. We regularly lead complex internal investigations, based on company initiative and in response to whistleblower claims and shareholder demands, and guide companies through sensitive government investigations. Known as trial-ready attorneys, we also defend our clients in parallel or related regulatory or civil proceedings that can arise from investigations. Our clients seek our advice on corporate governance, corporate transaction risks, potential areas of exposure and preventive measures to help deter regulatory intervention and lawsuits. We also perform compliance risk assessments and design compliance programs that meet DOJ and SEC standards. In recent years, three of the most complex multi-agency, multi-country investigations on public record involved leadership by the Cravath investigations group, including notable FCPA and anti-money laundering matters.
Steele now Diligent, is the global leader in Ethics & Compliance Management. We partner with the world’s largest, most respected companies to deliver compliance products and services that help organizations embrace a culture of compliance while protecting their brand.
• Forensic insurance and recovery
BDO is a professional services firm providing assurance, tax, and advisory services to a wide range of publicly traded and privately held companies. For more than 100 years, BDO has provided quality service through the active involvement of experienced and committed professionals. The firm serves clients through more than 65 offices and over 700 independent alliance firm locations nationwide. As an independent Member Firm of BDO International Limited, BDO serves multi-national clients through a global network of more than 88,000 people working out of more than 1,600 offices across 167 countries and territories.
Control Risks is a specialist risk consultancy that helps create secure, compliant and resilient organizations. With 3,000 professionals in 34 offices across the globe, we can handle the most challenging assignments. Whether handling cross-border investigations, highprofile monitorships, complex disputes, cyber breaches, or compliance and risk mitigation strategies, we’re proud to be trusted advisers for our clients and their legal counsel in solving matters securely and efficiently.
Our global team uses extensive experience, deep analytic skills, and state-of-the art technology to help our clients answer questions and respond to inquiries quickly – with as little disruption to operations as possible. Our multidisciplinary group has experience across industries, and includes forensic accountants, certified fraud examiners, certified forensic technology specialists, certified database specialists, and former law enforcement professionals, including former FBI and SEC professionals. Every day, we help limit our clients’ risk exposure efficiently and cost effectively. Our services include:
• Investigative due diligence
Hughes Hubbard’s Anti-Corruption & Internal Investigations practice group is known for having the talent, experience, and depth to represent clients across the full spectrum of anti-corruption matters in jurisdictions around the world. Over the past two decades, we have worked on the most complex and important international anti-corruption investigations for some of the world’s largest companies. Our uniquely diverse and deep bench at both the partner and associate ranks provides clients with an unparalleled breadth of experienced, multilingual, and multicultural practitioners.
www.paulweiss.com
Control Risks is recognized as one of the leading investigations consultancies globally by the Global Investigations Review (GIR) in 2021 and as a leading consultant globally in the Chambers and Partners Crisis & Risk Management 2021 guide for Business Intelligence & Investigations, Cybersecurity Risk, Economic Risk, Environmental, Social and Governance Risk, and Political Risk. Find out more at https://www.controlrisks.com/
TDI can help you navigate the dynamic world of third-party risk with solutions to suit your company’s business risk profile. We provide clients with risk-based due diligence, investigations, and an analytics suite to manage risk with third-party business partners, such as distributors, suppliers, vendors, agents, and clients. From life sciences to aerospace and defense, we assist companies in virtually every industry with programs to address complicated and evolving compliance regulations. Our programmatic due diligence products and services provide compliance officers, risk managers, legal professionals, portfolio managers, and senior level executives with the critical information necessary to operate a business with confidence.
Comprised of seasoned former prosecutors, we routinely represent clients in investigations and enforcement proceedings before the U.S. Department of Justice Fraud Section, the Enforcement Division of the SEC, and foreign enforcers such as the Serious Fraud Office. We have defended cases and conducted multifaceted anti-corruption investigations in more than 50 countries, including high-risk regions such as Mexico, Central America, Brazil, Colombia, Argentina, the Caribbean, China, India, and Africa.
Whether faced with an internal investigation, a government investigation, or an allegation of foreign corruption, BDO’s Forensics and Investigations team offers our clients the resources they need, when and where they need them.
• Forensic technology services
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You may also reserve a copy of the Alert at https://www.hugheshubbard.com/fcpa
Ranked among the top ten law firms in the world for investigations in the 2021 edition of Global Investigations Review’s GIR 100, Sidley’s FCPA lawyers assist businesses around the globe navigate the challenges of managing their international operations compliant with U.S. anti-corruption law. In a climate of intensified regulatory scrutiny, our investigations and enforcement team, consisting of former senior DOJ and SEC officials, is well-positioned to handle the most complicated FCPA and other international anti-corruption matters involving the DOJ and the SEC. Our team is highly experienced and well-versed in the issues and processes companies and individuals can face in what can often be multi-year, multi-agency matters of enterprisewide significance. With high level DOJ alumni including a Deputy Attorney General, a Deputy Chief of the DOJ’s Fraud Section, former U.S. Attorneys, and over a dozen former Assistant U.S. Attorneys and 19 SEC alumni, including former Associate Directors of the SEC’s Division of Enforcement, and many Chambers-ranked lawyers, our team is extremely well-qualified to assist companies address FCPA and related challenges. We conduct internal investigations, create and implement compliance programs, perform compliance risk assessments, and conduct due diligence on potential merger and acquisition targets, joint venture partners and high risk third parties. We also counsel clients on compliance issues that arise from international licensing, sales and marketing and are well-versed in laws that relate to dealing with government officials and authorities around the world.
We are a pioneering, US-based global risk management firm applying the power of due diligence to mitigate FCPA challenges, navigate non-transparent markets, assess joint venture and investment opportunities, and better manage transaction risk. We support legal and compliance professionals with diagnosing and upgrading risk mitigation programs through first-class screening and risk-based due diligence on everything from third-party vendors to M&A targets. We transform risk management through commercially oriented, evidence-based risk assessment, screening, analysis, and reporting to position clients to achieve successful outcomes.
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Filevine is the leading cloud-based collaborative work solution for law firms. Powering everything from case management and document management to client communication and business analytics, Filevine’s custom and bespoke tools simplify and elevate practice management and growth. With over 20,000 legal professionals using Filevine every day, Filevine is the top legal software company on the Inc. 5000 list, has been named one of Utah Business Fast 50 and is among the top 50 fastest-growing privately-owned software companies according to the 2020 Inc. 5000 list.
28 #FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com FCPA
Lextegrity is an industry leader in digital transformation of corporate risk management. It provides software to monitor spend and automate third-party due diligence and compliance pre-approvals to prevent and detect fraud, corruption, sanctions violations and conflicts of interest. Lextegrity was founded and is led by veteran legal and audit professionals with experience before the DOJ, SEC and other international regulators, who launched Lextegrity to build the risk management tools they wished they had when they were inhouse. Lextegrity’s spend monitoring and approval software was recently cited by the SEC in an FCPA resolution and aligns closely with the recent DOJ updated guidance on effective compliance programs.
Whether domestic or internationally, with “boots-on-the-ground” or web-based support, Kreller has been dedicated to performing the highest quality due diligence services. We are fully licensed, and always engage professionally, ethically, and with adherence to local privacy laws when acquiring the information our clients need.
Ankura has assisted numerous clients with both reactive anti-corruption investigations and proactive compliance solutions. Our team routinely assists clients in defending against government enforcement inquiries, drawing on our professionals’ significant public service experience. We have maintained strong working relationships within the DOJ, the SEC, and other agencies in the context of our historical and ongoing engagements relating to high-profile and high-stakes government enforcement matters.
Conducting business in the global marketplace presents a multitude of financial and operational challenges, and can expose companies to a variety of risks, including bribery and corruption activity. Companies that run afoul of the Foreign Corrupt Practices Act and other similar laws in foreign jurisdictions face challenging and potentially costly impacts on their businesses. Fines and penalties from government regulatory authorities, the potential disruption to ongoing business operations, reputational risk, and the negative impact on employees are typical outcomes following the discovery of such improper practices. Companies with effective compliance programs, including robust monitoring and training processes, may be in a position to prevent potential problems or detect and remediate them in a timely manner. Most regulators and law enforcement agencies consider robust compliance programs a key factor in whether to pursue enforcement actions.
We maintain a network, cultivated since the early 1990s, of 250+ risk, investigative, and former law enforcement professionals located in every major country to help clients find hard-to-acquire information. Every day, we apply our deep knowledge of global markets, FCPA and UK Bribery Act challenges, and a wide spectrum of business risks in challenging, opaque markets to help enterprises efficiently manage and avoid risk. Whatever our clients’ challenges may be — conducting business in new and unfamiliar markets, complying with anti-bribery and corruption laws and regulations, assessing ESG risk, or evaluating joint venture and investment opportunities — we have the tools and skills to help enterprises manage and avoid risk.
Founded in 2015, Sayari is trusted by top financial institutions, Fortune Global 500 corporations, and financial crime regulators and enforcement agencies, across 35 countries. Sayari’s data intelligence platform powers the fight against global financial crime, increases corporate transparency in high-risk places, and supports critical national security mission sets. www.sayari.com
EXHIBITION SPONSORS
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Dow Jones Risk & Compliance is a global provider of best-inclass risk data, integrated technology solutions and due diligence services for managing regulatory and reputational risk. Built on the legacy of the world’s most trusted newsrooms, we combine the expertise of a multilingual team of researchers and analysts with industry-leading automation and artificial intelligence to solve companies’ most challenging compliance requirements across financial crime, bribery and corruption, sanctions and international trade. Dow Jones will equip your organization with the information and technology needed to anticipate and adapt to changes in the regulatory space.
Featured as one of the top 20 Legal Case Management Software of 2020, Filevine is designed specifically for lawyers & legal professionals alike. Filevine gives you centralized notes, case activity, files and documents, and billing & timekeeping. You and your teams will always be in sync and on track. With groundbreaking features such as text-to-case integration, built-in settlement calculators, fully customizable case files, case scheduling calendars, robust analytics and reports, and faxing. Filevine is built for you to succeed.
Kreller Group provides domestic and international due diligence services to government entities and corporates from SMBs to Fortune 50. To date, Kreller has conducted more than 500,000 investigations in more than 180 countries earning a reputation from our clients as “the quality provider.” Services include due diligence investigations, corporate investigation services, FCPA services, M&A support, risk management, and third-party case management. Our clients include government entities, law firms and corporations across the globe. Kreller senior investigators and case managers are highly experienced and credentialed, holding CPA, CFE, CFF, CPP, and PCI certifications, and are licensed investigators and attorneys. The Kreller leadership team is supported by in-country consultants, investigators, and business analysts with jurisdiction-specific expertise. Many are former senior state and law enforcement officials who are well regarded experts in their investigation communities.
With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world. Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com hands-helping BECOME A SPONSOR
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Level of knowledge: Basic Advanced Preparation: None
TEACHING METHOD: Group Live and Group Internet Based DELIVERY METHOD: Group Live and Group Internet Based
Group Live Participants will earn up to 10.5 CPE credits for the Main Conference (Dec 1-2) and 2 credits for the Pre-Conference Primer and 3.5 credits for Workshop A & B.
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• The Intensifying Enforcement of the FCPA’s Internal Controls Provision: Critical Takeaways on the Expanding Interpretation, Strict Liability, and Expectations for Industry
American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI’s International Conference on Foreign Corrupt Practices Act 2021“.
Gaylord National Resort & Convention Center
ACI certifies this activity has been approved for CLE credit by the State Bar of California.
American Conference Institute is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of Continuing Professional Education (CPE) on the National Registry of CPE Sponsors. State Boards of Accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
To be awarded full credits, you must actively participate in activities (such as polling) and submit the verification codes presented in the chat. For more information and to submit your CPE request visit: Refundshttps://www.AmericanConference.com/accreditation-instructions-for-virtual-attendance/#CPEandCancellations:RequestsforrefundsmustbereceivedinwritingbyNovember20,2021. For more information regarding refund, complaint, and/or program cancellation policies please contact our offices at 1-888-224-2480.
ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.
Field of Study: Business Law Prerequisite: None.
Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.
Continuing Professional Education Credits
Phone: 1-877-491-0468
VENUE
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Please note that the guest room block cut-off date is November 16, 2021. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.
ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.
Course objective: Update on the FCPA and applicable anti-corruption laws and procedures to prevent inappropriate payments.
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For more information on ACI’s CLE process for virtual events www.AmericanConference.com/accreditation-instructions-for-virtual-attendance/visit:
• What’s Missing in Your Internal Investigations Program? In-Person and Remote Takeaways
• The Lesser Known Takeaways from the Whistleblower Amendments: Awards, Eligibility, and Best Practices for Promoting Internal Reporting
Who should attend: In-House Investigations & Compliance Counsel, General Counsel, Chief Legal Officer, VP/ Director – Anti-Corruption, Compliance & Ethics, Partners from Law, Investigations and Accounting Firms
201 Waterfront Street, National Harbor, MD, 20745-1135
Group Internet Based Participants, please note the Pre-Conference Primer and Workshops A & B (Nov 30) will not be livestreamed. Currently, only Track 1 for each Breakout Session (A to D) will be recorded.
• Ephemeral Communications Quandaries: How Industry is Updating Policies, Procedures and Monitoring-and What Can (and What Can’t) Yield Cooperation Credit
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• AMLA and Anti-Corruption: How the Application of AML Structures to FCPA Enforcement Changes Your Risk Calculus
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• The Biden Administration’s Fight Against Corruption: Predictions on Enforcement Under the National Security Study Memorandum (NSSM)
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Use Registration Code: B00-999-DMO22
1B.Currie@AmericanConference.com2123523220x7370 Registration Code: B00-999-BCE22
1D.Manganiello@AmericanConference.com2123523220x5464
#FCPAConference twitter: @ACI_Anticorrupt linkedin: Anti-Corruption FCPA – Legal, Regulatory and Compliance Professionals FCPAConference.com 30 FCPA Foreign PracticesCorruptAct In-Person ESGLivestreamConferenceConferenceThinkTank(In-Person Only) FCPA Data Analytics (In-Person Only) PRICING $2395$2195 $2095$1895 Workshop A: FCPA Boot Camp (In-Person Only) Workshop B: Third-Party & Supply Chain Management Handbook (In-Person Only) $700$700 $995$995 $1095$1095 Register$2295$2595$1295$1295&Pay after October 29, 2021 Register & Pay by October 29, 2021 Register & Pay by September 17, 2021 Register & Pay after October 29, 2021 Register & Pay after October 29, 2021 Register & Pay by October 29, 2021 Register & Pay by October 29, 2021 Register & Pay by October 1, 2021 Register & Pay by October 8, 2021 Bringing a Team? 3-4 10% Conference Discount* 5+ Call 888-224-2480 CONFERENCE CODE: 700L22-WAS © American Conference Institute, 2021 Special Discount ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service. To update your contact information and preferences, please AdditionalTermshttps://www.AmericanConference.com/preference-center/.visit&conditionsandrefund/cancellationpoliciescanbefoundatAmericanConference.com/company/faq/Allprogramparticipantswillreceiveanonlinelinktoaccesstheconferencematerialsaspartoftheirregistrationfee.copiesoftheConferenceMaterialsavailablefor$199percopy. *Team/group registrations must be from the same organization/firm and register together in one transaction. Co-Chairs’ Welcome Schedule of Events Speakers Agenda Sponsors Venue Pricing REGISTER All Secure shield-check Book with Confidence! Register and pay to lock in your early rate, and be eligible for a full refund until November 20th If you are unable to attend for any reason, you will have the following options: • A full credit note for you, or a colleague to attend another event • Transfer your registration to the livestream format, and receive a credit or refund for the difference. • A full refund All cancellations and changes must be submitted to CustomerService@AmericanConference.com by November 20th. WORRY FREE Registration GUARANTEE
American Conference Institute
Brian Currie
Dan Manganiello
American Conference Institute
Yannette Ching
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American Conference Institute
Use Registration Code: B00-999-YCG22
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1Y.Ching@AmericanConference.com2123523220x5499