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Overview:

As threats of bribery and corrupt practices rise globally, emerging developments continue to have a major effect on the current legislation landscape. In the US, on July 3, 2020, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released the second edition of its resource guide for the Foreign Corrupt Practices Act (FCPA). Notable updates and corrections included compliance initiatives and clarifications on its current provisions and policies. Furthermore, on August 14, 2020, the DOJ issued its first FCPA advisory opinion that sought to address issues on compliance with anti-bribery provisions. In France, the Parquet National Financier (PNF) continue to bring significant corruption enforcement proceedings under the new Sapin II legislation.  In the UK, the primary anti-corruption enforcement authority, the Serious Fraud Office (SFO) continues to bring significant enforcement proceedings against companies under the Bribery Act.  These proceedings have resulted in sizeable settlements under the UK’s sentencing framework.  Finally, in the Airbus global settlement on 31 January 2020, we saw how DOJ, SFO and PNF actively worked together to agree a multi-billion settlement.  Thus, lawyers and practitioners must proactively devise effective strategies to ensure compliance.

Listen as anti-bribery and corruption law experts Michael Huneke (Hughes Hubbard & Reed LLP) and Matthew Cowie (Dechert LLP) provide the audience with the latest updates and notable cases in anti-bribery and corruption legislation. Speakers, among other things, will offer helpful insights in carefully managing legal issues in light of the new regulations and enforcements.

In a LIVE Webcast, the speakers will discuss:

  • Global Anti-Bribery and Corruption Legislation: Trends and Developments
  • Anti-Bribery and Corruption Compliance Initiatives and Enforcement Trends
  • Risks and Challenges
  • Practical Tips and Strategies
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE); Group-Internet Based

 

Prerequisite:

General knowledge of anti-bribery and corruption laws

 

Course Code:

148951

 

NY Category of CLE Credit:

Area of Professional Practice

 

NASBA Field of Study:

Business Law – Technical

 

Total Credit:

1.0 CLE

1.0 CPE (Not eligible for QAS (On-demand) CPE credits)

This course is not eligible in VA CLE


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Michael Huneke, Partner
Hughes Hubbard & Reed LLP

Michael H. Huneke is a partner in the Anti-Corruption & Internal Investigations practice group at Hughes Hubbard & Reed. He advises clients in matters involving the US Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, corporate governance and compliance, World Bank and other international financial institution matters, export credit matters, securities and accounting investigations, and government contracts.

The Legal 500 has recognized Mr. Huneke as a “voice of reason when it comes to compliance matters.” Mr. Huneke, Mr. Cowie and other co-counsel and providers were among the firms to receive Global Investigations Review’s (GIR’s) “Most Important Development in the Practice or Law of International Investigations” 2020 and the “Best Provider Collaboration” award at the 2020 American Lawyer Industry Awards.

Matthew Cowie, Partner
Dechert LLP

Matthew Cowie focuses his practice on white collar matters relating to corruption and fraud, internal corporate investigations and government enforcement matters, defending both companies and individual clients.

Noted as having an “excellent knowledge of the regulatory agencies” (Chambers UK), he also advises on compliance best practices for UK and multinational corporates, particularly regarding anti-corruption and other corporate governance issues. Mr. Cowie served as a lead prosecutor at the UK Serious Fraud Office (SFO). During his 11 years at the SFO, he became known as one of the architects of the UK’s early responses to international corruption, and successfully brought a number of landmark cases including Mabey & Johnson Ltd, Johnson & Johnson/DePuy Ltd, Innospec Ltd and BAE Systems plc.

Agenda:

SEGMENT 1:

Michael HunekePartner

Hughes Hubbard & Reed LLP

  • What practical considerations do companies face when enhancing their third-party due diligence process?
    • Overview of Legislative Developments (e.g., How France compares to UK and US; parallels in ESG and Human Rights)
    • Should or can the new standards be applied retroactively to existing relationships?
    • The Difference Between Objective Risk vs Objectively Weighing Subjective Risks
    • Whether or not, and when, to require interviews (and of whom)
    • Whether or not, and when, to require email review (and whether voluntary or forensic)
  • How can compliance professionals test the sufficiency of the data inputs into their due diligence processes?
    • Overview of Legislative Developments (e.g., French, UK, and US requirements regarding risk assessments, second-level controls)
    • How to design and implement risk-based risk assessments
    • Various options and the pros and cons of each (e.g., targeted verification visits; exhaustive ERM-style reviews, or in-between)
    • Remember to exercise existing rights to audit or otherwise review third parties.
  • How best to conduct due diligence for potential later use in internal or external investigative processes?
    • As more countries join the ranks of aggressive anti-corruption enforcers, it becomes more important--and more complicated--to anticipate potential future investigative requirements.
    • Will the review be privileged or not, and with what result?
    • Are there local legislative or other requirements for conducting interviews?
    • Where will the data be stored, and are you prepared to evaluate and respond to future data requests?
    • The shadow of litigation or arbitration.

SEGMENT 2:

Matthew CowiePartner

Dechert LLP

  • French investigations
    • Spain II and the explosion of enforcement - comparison to effectiveness in enforcement as a result of the legislation with the BA
    • Other procedural issues when working a lawyer led PNF facing investigation: Labour, interviews, remediation
  • Jurisdiction
    • Concurrence problems; no piling on policy; how major enforcers are working at present and trends
  • Managing multijurisdictional investigation with different laws and procedures
    • speaking and getting instructions from the client; privilege
  • This parties
    • Media; auditors; market obligations

Date & Time:

Thursday, February 04, 2021

11:00 am to 12:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Corporate Governance and Compliance Attorney
  • Legal and Compliance Executives
  • Top Level Management
  • International Counsel
  • Anti-Corruption/Anti-Bribery Lawyers
  • White-Collar Attorneys

SPEAKERS

Michael HunekePartner
Hughes Hubbard & Reed LLP
Matthew CowiePartner
Dechert LLP

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