FCPA: Cutting-Edge Issues in Global Anti-Corruption and Compliance
Co-sponsored by the Markkula Center for Applied Ethics and Morrison & Foerster
Wednesday, October 10, 2012
11:30 am - Noon
Program: Noon - 2:00 pm
Sheraton Palo Alto Hotel
625 El Camino Real
Palo Alto, CA 94301
The Department of Justice and the Securities and Exchange Commission continue their laser focus on the Foreign Corrupt Practices Act (FCPA). While the number of enforcement actions may have declined recently, regulators insist that FCPA enforcement remains a high priority, with the DOJ disclosing that more than 100 companies currently are under investigation.
Our panel of leading anti-corruption compliance experts will discuss the legal, ethical, and business challenges faced by Silicon Valley companies with global operations and provide practical advice for conducting a global risk assessment and implementing effective anti-corruption programs. The discussion will include a case study highlighting the issues surrounding the detection, investigation, penalties and reputational damage from an FCPA violation.
In this presentation, our speakers will address:
- • The regulators' continued focus on bringing cases against individuals. Regulators have made clear that holding individuals accountable for FCPA violations continues to be a "cornerstone" of FCPA enforcement activity. But when faced with having to prove its case beyond a reasonable doubt, the government has not fared well. Judging by the outcome in recent trials, it appears individuals will continue to fight rather than plea bargain.
- • The DOJ's promised guidance on the FCPA and the potential for clearer rules of the road, including standards for structuring compliance programs. In response to growing criticism from the business community that the FCPA's lack of clarity is bad for business, the final months of 2012 may finally bring more transparency regarding interpretation and enforcement of the FCPA.
- • The risks posed by mergers and acquisitions and investments. An M&A transaction does not terminate liability for past conduct of the acquired entity. The acquirer can be, and often is, held liable under theories of successor liability.
- • The increasing regulatory focus on business practices in Mexico and other Latin American countries.
- • The regulators claim to reward the self reporting of FCPA violations, but are the benefits illusory?
- • The need to prepare for whistleblower allegations. Only a small fraction of whistleblower complaints submitted to the SEC allege FCPA violations. Are their numbers likely to grow?
- •The testing of the UK Bribery Act and how the law will be enforced. Our panel will provide some practical company guidance on what it means to have "adequate procedures."
This program is intended to help companies, compliance officers, and in-house counsel understand enforcement and compliance trends. Hear the latest developments on how to help protect your company.
- • Marc J. Fagel, Regional Director, Securities and Exchange Commission, San Francisco Regional Office
- • Paul T. Friedman, Partner, Morrison & Foerster
- • Randy Gausman, former CFO, RAE Systems
- • Kirk O. Hanson, Executive Director, Markkula Center for Applied Ethics
- • Craig D. Martin, Partner, Morrison & Foerster
MCLE credit is pending.
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