14th West Coast Forum on FCPA Enforcement & Compliance - DS

DISTINGUISHED FACULTY

Co-Chairs

Speakers

Darryl Lew Partner

White & Case LLP

Paige Pratter

Assistant General Counsel

Business & Regulatory Investigations

Microsoft

Uzo Asonye Partner

Davis Polk & Wardwell LLP

Gregory Bates Member

Miller & Chevalier

Hui Chen

Senior Advisor

R&G Insights LAB

Evan Chucks Partner

Crowell (Shanghai/Los Angeles)

Luis Dantón Martínez Corres Partner

LEC, Litigio Estratégico y Compliance, S.C

Christopher D. Frey Partner

Latham & Watkins LLP

Courtney Hague Andrews Partner White & Case LLP

Carl Hahn VP, Chief Ethics and Compliance Officer Northrop Grumman Corporation

Matthew Jacobs Partner DLA Piper

Nancy Jacobson

Managing Counsel, Global Compliance and Ethics United Airlines

Brendan Kelleher Chief Compliance Officer

SoftBank Group International

Lauren (Muldoon) Kootman

Assistant Chief, Fraud Section, Criminal Division U.S. Department of Justice

Brent Lambert

SVP, Chief Legal and Compliance Officer Lexmark

W.S. Wilson Leung Director of Investigations and Integrity Intel Corporation

Dmitry Lukovsky Senior Director & Assistant General Counsel Palo Alto Networks

Elizabeth M.P. McKee General Counsel Static Control Components, Inc

Paul J. Nathanson Partner Davis Polk & Wardwell LLP

Vivianne (Jabbour) Gordon-Pullar Group Chief Compliance Officer SAP

Mason Pan Managing Director BDO

Kimberly Parker Partner Wilmerhale

Abby Slonecker Senior Vice President FINRA

Peter S. Spivack Partner

Hogan Lovells US LLP

Chris Steskal Partner Fenwick

Patrick Stokes Partner

Gibson, Dunn & Crutcher

Stephanie Mercedes Tennant Assistant General Counsel META

Douglas A. Thompson Partner

Snell & Wilmer

Therese Lee

Senior Director, Ethics & Business Integrity

Google

Abby Slonecker Senior Vice President, FINRA Former Head of Compliance, Tableau Software

Russell Vickers

Associate General Counsel, Corporate Compliance & Privacy Everlaw

Charles Reed VP, Corporate Compliance

Flex

Justin Weitz Partner

Morgan, Lewis & Bockius LLP

CONFERENCE

Building on the pre-conference workshop, this practical, interactive session will delve into the most complex, vexing grey areas and how to address them. Through a series of hypothetical scenarios and anonymous audience polling, participants will be able to compare notes and see how current compliance practices measure up. Topics during this invaluable benchmarking session will include:

• Navigating the grey areas of the DOJ's recent advisory concerning the risks associated with employing ephemeral messaging for corporate communications

» Managing the retention of business records

» Implementing concrete auditing measures to prevent message preservation

• Addressing the preservation of third-party messaging

• Capturing communications on platforms lacking seamless integration with record-keeping systems

• How to know if your policies meet DOJ expectations: Practical strategies for when and how to revisit corporate policies

• Special considerations for voluntary disclosures, remedial measures and cooperation credit

• Delving into the intricacies and practical aspects of anti-corruption legislation in China

• Revealing conflicts between China's “state secrets” and counterespionage legislation, cybersecurity & data privacy laws and regulations—and DOJ policies and guidance

• Managing the growing intersection between FCPA enforcement and circumvention of international trade laws (including forced labor, tariffs (e.g., Section 301, export controls and sanctions) between the U.S. and China/Asia-Pacific)

• How to adapt your compliance program to the heightened corruption and compliance risks in China and across Asia-Pacific, particularly as companies de-risk China exposure

• The impact of recent legislative and enforcement changes relating to China (e.g., Antiforeign Sanctions Law, Unreliable Entity List, Blocking Statute, Counterespionage Law)

• Overcoming the unique challenges of “state-owned” entities and overall government involvement in the private sector

• Unique issues affecting cross-border investigations involving China

Evan Chucks Partner Crowell (Shanghai/Los Angeles)

Patrick Stokes Partner Gibson, Dunn & Crutcher

Christopher D. Frey Partner

Latham & Watkins LLP

(Professional Practice)

Paige Pratter

Charles Reed

2:15  Behind the Scenes of Building an Effective AI, Machine Learning & Data Analytics Program

• Exploring the operationalization of artificial intelligence in FCPA investigations and assessing its efficacy

• Analyzing the implications of the EU AI Act on FCPA enforcement efforts

• Assessing strategies for mitigating potential liability through informed decision-making

• Addressing practical challenges associated with implementing machine learning in FCPA cases, such as maintaining legal privilege and navigating organizational adoption hurdles

• Highlighting successful case studies of AI integration into FCPA compliance and monitoring initiatives

• Using data feeds for continuous risk re-assessments and monitoring program upgrades

• Concrete examples of metrics used for assessing and analyzing risk

• Leveraging data analytics for re-assessing risks and identifying compliance weak spots

• Updating your potential risk contact points that exist throughout your company

• Assessing the current controls in place to prevent, detect, and correct violations

• Determining and prioritizing the compliance enhancement measures you undertake

Mason Pan Managing Director BDO

Nancy Jacobson Managing Counsel, Global Compliance and Ethics United Airlines

Brendan Kelleher Chief Compliance Officer SoftBank Group International (Professional Practice)

3:15  Networking Break

3:30  FCPA FLASHPOINT—Southeast Asia and India: Examining the Evolving Corruption Landscape and Current FCPA Trends

• Recognizing prevalent scenarios that multinational corporations should consider when sourcing from Southeast Asia and India

• Analyzing enforcement patterns and how they differ from other regions

• Gaining insight into the perspectives of banks and financial institutions regarding Southeast Asia and India

• Identifying changes in anti-corruption measures, data protection, and regulatory compliance throughout Asia—and their impact on your compliance strategy

• Tailoring policies and procedures to the unique jurisdictional contexts

• Concrete examples of effective risk mitigation strategies

4:15  BREAKOUT ROUNDTABLES

New, Complex Issues with Third Party and Supply Chain Due Diligence and Monitoring

During this interactive session, audience members will break out into smaller-group roundtables to work through a series of hypothetical scenarios on hot button issues. Each table will then share its findings and conclusions with the entire audienceleading to a discussion across the whole group.

An invaluable benchmarking opportunity!

5:15  Day One Adjourns

Networking Cocktail Reception

(Professional Practice)

W.S. Wilson Leung Director of Investigations and Integrity Intel Corporation

Peter S. Spivack Partner

Hogan Lovells US LLP

Carl Hahn VP, Chief Ethics and Compliance Officer Northrop Grumman Corporation

Therese Lee Senior Director, Ethics & Business Integrity Google

BY: Chris Steskal Partner

Fenwick & West

MODERATED

• Concrete examples of program upgrades and compliance pain points

• Testing the effectiveness of your compliance program to show that it is: improving, adapting, and updating the program to ensure that it is sustainable and adapting to changing risks

• Reviewing the qualifications and expertise of your compliance personnel

• Rethinking resource allocation and delivery methods for training

• Fostering and sustaining a strong corporate culture

• Leveraging dashboards and other mechanisms for reporting

10:15  Networking Break

10:30  Mitigating Risk Amid Latin America’s Evolving Compliance Climate and Intensifying Enforcement Landscape: How the DOJ and SEC Are Coordinating with LATAM Authorities

• Exploring the DOJ's enforcement priorities in Latin America

• Identifying best practices for companies and law firms

• Analyzing recent high-profile corruption trends and cases in Latin America

• Adapting your compliance program to heightened risks in Latin America

• Navigating cross-border investigations involving the U.S. and multiple Latin American authorities

• Achieving coordinated resolutions with both U.S. and Latin American authorities

• A closer look at coordination efforts between the U.S., Brazil, Colombia and Mexico

Lauren (Muldoon) Kootman

Assistant Chief, Fraud Section, Criminal Division

U.S. Department of Justice

Luis Dantón Martínez Corres Partner

LEC, Litigio Estratégico y Compliance, S.C

11:30  Forward-Looking Compensation Clawback Compliance Strategies: New Takeaways and Hidden Pitfalls to Avoid

• How the DOJ’s Clawbacks policy has affected compensation structures and decision-making

• Identifying forward-looking approaches using predictive analytics and risk assessments

• Managing the interplay of international employment laws and compliance with DOJ policy

• Real-world examples of how to implementing compensation clawbacks within U.S. and foreign legal parameters

• What should trigger the application of clawbacks—and what shouldn’t  12:15  Networking Luncheon

Town Hall Q&A: Operationalizing DOJ Guidance

Justin Weitz Partner Morgan, Lewis & Bockius LLP

Uzo Asonye Partner

Part I: New Lessons for Building an ESG Program and Demonstrating ROI to Senior Management and the Board

• Understanding how robust ESG programs, including due diligence of third-parties have serves as a mitigating factor

• How quality ESG commitments create risk-averse business decisions

• Concrete examples of an effective ESG program—and how to leverage FCPA compliance resources

• Illustrating the value of ESG to Your Internal Stakeholders

• Practical tips for companies embarking on their ESG journey—and for those who are mid-journey

Part II: Enforcement Actions Tied to ESG Disclosures

• Discussion of recent ESG enforcement actions—and their aftermath

• The SEC’s use of the FCPA's books and records provisions in ESG cases

• The rising interplay of anti-bribery risks and ESG disclosures

• Impact of new SEC disclosure rules on risk exposure

Russell Vickers Associate General Counsel, Corporate Compliance & Privacy Everlaw

Douglas A. Thompson Partner Snell & Wilmer

Dmitry Lukovsky Senior Director & Assistant General Counsel Palo Alto Networks

Matthew Jacobs Partner DLA Piper

Nexus Between Corruption and Forced Labor: What Every Multinational Company Needs to Know About the Newest UFLPA Enforcement Developments

Elizabeth M.P. McKee General Counsel Static Control Components, Inc

Brent Lambert SVP, Chief Legal and Compliance Officer Lexmark

CONTINUING LEGAL EDUCATION CREDITS

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.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

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.

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