CONFERENCE DAY TWO: MARCH 23, 2023 CONFERENCE DAY ONE | WEDNESDAY, JANUARY 24, 2024 8:00 Registration and Networking Breakfast 8:45
Opening Remarks from the Co-Chairs Microphone-alt Kenneth A. Polite Jr., Partner, Sidley Austin LLP
Former Assistant Attorney General, Criminal Division, DOJ
• What the agencies expect for retaining business records and correspondence • Strengthening written policies governing usage, maintenance, and retention • How is industry overcoming hurdles to implementing DOJ policy
9:00
DOJ & SEC Enforcement Updates
• The continuing impact of the global pandemic on corporate use of messaging platforms
Microphone-alt David Fuhr, Chief, FCPA Unit, U.S. Department of Justice
• How increased usage has impacted compliance efforts
John C. Richter, Partner, King & Spalding LLP 9:45
SEC Enforcement Think Tank: Dissecting The Lesser-Known Nuances and Practical Takeaways Microphone-alt Lewis Zirogiannis, Partner, Baker Botts LLP Mark F. Mendelsohn, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Daniel S. Kahn, Partner, Davis Polk & Wardwell LLP During this critically important panel, leading practitioners involved in some of the most high profile cases will discuss the heightened SEC risks confronting industry, including special considerations for the oil & gas sector. 10:45 Extended Networking Break 11:15
Upgrading Compliance Policies Around Ephemeral Messaging and Retention Systems: The Latest Best Practices and Lessons Learned for Employee Training and Risk Management Microphone-alt Erin Brown Jones, Partner, Latham & Watkins LLP
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Doug Cohan, Deputy Compliance Officer/Senior Assistant General Counsel, HESS CORPORATION
Steve Meck, Group General Counsel & Chief Compliance Officer, Weir Group PLC
• The necessary skillsets that are required for compliance officers when implementing ephemeral messaging policies 12:15
Defining and Dealing with “State-Owned” Entities in the FCPA Context Microphone-alt Claire Rajan, Partner, Allen & Overy LLP Daniel Elustondo, Senior Legal Counsel, Anti-Corruption, Shell Marianne Ibrahim, Chief Compliance Officer, ChampionX Jennafer Watson, Director of Ethics & Compliance, Assistant General Counsel, Oxy
1:00 Networking Luncheon 2:15
Africa on the Ground: How to Navigate Complex, Heightened Risks and Dilemmas in Real Life Microphone-alt Ryan Rabalais, Chief Compliance Officer, Seadrill David W. Simon, Partner, Foley & Lardner LLP Jeremy Welch, Managing Counsel, Managing Counsel – Compliance Operations, Schlumberger • How the shifting FCPA enforcement landscape in Africa compares to other high risk markets • How to adapt your compliance program to the unique, heightened corruption risks associated with doing business in Africa • Updating internal controls, corporate policies and procedures • Developing a due diligence approach based on the appropriate risk level associated with each third party and across your supply chain • Navigating cross-border investigations by U.S., African and more international authorities 3:00 Networking Break 3:15
During this session, legal and compliance experts will delve into the unique considerations affecting your compliance policies and protocols, including:
The Lengths and Limits of AI & Data Analytics for Compliance and Monitoring: New Lessons for Streamlining Your Program, and Optimizing Time and Cost Efficiency
• What is (and isn’t) a “state-owned” entity, as defined in the FCPA— and the enduring grey areas
Microphone-alt Kristi Kevern, Senior Managing Director, Global Compliance,
• Applying both ownership interests and level of control tests when determining whether something is “state-owned” • Managing the inherent, heightened risks when dealing with state-owned entities • Defining “instrumentality” in relation to essential government control, and understanding how/when instrumentalities are more/less important
AmericanConference.com/FCPA-Houston | LINKEDIN Anti-Corruption & FCPA: Legal, Regulatory, and Compliance Professionals
Culture & Digital and Anti-Corruption Lead, Dell Technologies, Inc
• The requirements and expectations for data-driven compliance and monitoring programs • Ensuring data feeds and monitoring tools are working in real time • Determining “scalability” when you have built the infrastructure
Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
CONFERENCE DAY TWO: MARCH 23, 2023 • Identifying inconsistent data and missing data, what data is important, and what is (and isn’t) being captured accurately
CONFERENCE DAY TWO | THURSDAY, JANUARY 25, 2024
• Navigating the interplay between AI tools, the data that is utilized, and the results and recommendations that are generated
8:15 Registration and Networking Breakfast
11:45
• Updating processes for determining what warrants internal investigations and further action
9:00
Ericsson Case Study: DPAs and the Broader Compliance Lessons Learned
• Steps to take when data reveals employees and third parties are not diligently following critical policies
Microphone-alt Kenneth A. Polite Jr., Partner, Sidley Austin LLP
Former Assistant Attorney General, Criminal Division, DOJ
4:15
Compensation Clawbacks in Practice: Legal and Compliance Experts Discuss the Real-Life Aftermath and New Lessons Learned Microphone-alt Matteson Ellis, Practice Lead, Latin America, Miller & Chevalier Brigida Benitez, Partner and General Counsel, Steptoe & Johnson LLP Sidney Bashago, Partner, Davis Polk & Wardwell LLP During this closing session, panelists will delve into the expected (and unexpected) challenges of implementing the DOJ’s policy—and how they are navigating complex legal and compliance dilemmas. Topics will include: • Addressing the hurdles to incorporating the clawback policy into your compensation and bonus systems • Revisiting your risk management and compliance planning • Working with human resources, outside counsel and boards of directors • Updating employment agreements and corporate policies • Managing the interplay of federal, state and international employment laws 5:15
Day One Closing Remarks from Co-Chairs Networking Cocktail Reception
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Opening Remarks from the Co-Chairs
Microphone-alt Sergio Leal, Head of Compliance, Ericsson Joel M. Cohen, Partner, White & Case LLP
Special Interview with the U.S. Attorney for the Southern District of Texas
This highly anticipated case study with Ericsson’s Head of Compliance will discuss the key takeaways and the broader compliance lessons learned from Ericsson’s $207 million settlement with the DOJ in relation to violating a DPA that they entered into in 2019.
Microphone-alt Alamdar Hamdani, U.S. Attorney, United States Attorney’s Office,
12:30 Networking Luncheon
9:15
Southern District of Texas
9:45
The Scope of ESG as a Mitigating Factor: How Companies Are Now Incorporating ESG Into Global Risk Assessments Microphone-alt Irina Lazieva, Director, Legal, Business Integrity, KBR Holly Carr, Managing Director, Forensics, BDO USA, P.A. • How robust ESG programs, including due diligence of third-parties, can serve as a mitigating factor in determining potential liability • Implementing a technology solution that enables your organization to have a cohesive workflow that can capture and assess anti-corruption and ESG risks before it’s too late • Assessing and evaluating self-reported information provided by third parties, and supporting it with independent checks for verification • Measuring the financial risk of ESG commitments, including when stated goals are not met 10:45 Networking Break
1:45
The Next Level of Compliance in Latin America: Case Studies Microphone-alt Marco Antonio Padilla Mérigo, Global Chief Compliance and Risk Officer, Aleatica (Mexico)
Esther Flesch, Partner, Miguel Neto Advogados (Brazil) • Exploring the newest considerations for adapting your compliance program to evolving corruption risks in Latin America • Navigating cross-border investigations by the U.S. in coordination with various Latin American authorities • Reaching coordinated resolutions with U.S. and Latin American authorities • Special considerations for compliance and investigations in Brazil and Mexico 2:45 Networking Break
11:15
Special Interview with the U.S. Department of State Microphone-alt April Snedeker, Anti-Corruption Program Advisor, U.S. State Department
AmericanConference.com/FCPA-Houston | LINKEDIN Anti-Corruption & FCPA: Legal, Regulatory, and Compliance Professionals
Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
CONFERENCE DAY TWO: MARCH 23, 2023 3:00
• How to truly know if your program is working—and when to sound the alarm
Measuring Success: How to Determine the Effectiveness of Your Compliance Program
• Best practices for periodically updating risk assessment priorities
Microphone-alt Ryan Hartman, Partner, Arnold & Porter LLP Patrick Hays, Global Compliance Director, Global Compliance Director, Dresser Utility Solutions Shawn Rogers, Senior Director, Global Ethics & Compliance, Stanley Black & Decker, Inc.
• How to continuously test the effectiveness of a compliance program, to show that it is improving and adapting to evolving risk and new developments • Monitoring and auditing compliance program components, as well as reporting on current or anticipated enhancements 4:00
Lindsay Antoniello, Deputy Chief Compliance Officer, TPG Global, LLC
Microphone-alt Nancy Jacobson, Counsel - Global Ethics & Compliance, United Airlines
• Deciding which metrics are right to measure the effectiveness of your compliance initiatives • What it now takes, and the extent of due diligence required for your program to be “reasonably designed”
Adam S. Hoffinger, Shareholder, Greenberg Traurig, LLP
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4:45
Closing Remarks from the Co-Chairs | End of Conference
Ryan Patrick, Partner, Haynes and Boone, LLP Former United States Attorney for the Southern District of Texas (2018 to 2021)
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The Nuances of In-Person vs. Remote Interviews: Key Differences and Approaches to Conducting an Effective Interview
In this session, our experts from several different industries will examine the particulars and subtleties of how and what to measure when assessing program effectiveness. We will explore key considerations, such as:
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AmericanConference.com/FCPA-Houston | LINKEDIN Anti-Corruption & FCPA: Legal, Regulatory, and Compliance Professionals
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Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES