Tuesday, November 8, 2011

7:30 Continental Breakfast & Registration Begins

8:30 Opening Remarks from the Conference Co-Chairs

Homer E. Moyer, Jr.
Partner
Miller & Chevalier Chartered

William B. Jacobson
Vice President, Co-General Counsel
Chief Compliance Officer
Weatherford International, Ltd.

8:45 The FCPA Year in Review - The US DOJ and SEC Speak on FCPA Enforcement Priorities

Charles E. Duross
Deputy Chief, Fraud Section - Criminal Division
U.S. Department of Justice

Charles E. Cain
Assistant Director
FCPA Unit, Division of Enforcement
U.S. Securities and Exchange Commission

• Review of 2011 FCPA cases against companies and individuals and what they reveal about the types of violations the US government is now targeting
• How new investigative techniques have changed the enforcement landscape in the last year
• Impact of Dodd-Frank whistleblower provisions on FCPA enforcement and voluntary disclosures
  • how the SEC is dealing with competing whistleblower claims and weeding through them
• What is now meant by “corrupt intent” and “culpable knowledge”?
• SEC reorganization one year on – how SEC FCPA enforcement programs have been strengthened
• The mechanics of an industry-wide investigation and what is expected from your company if your industry is under review
• How the dual enforcement landscape is evolving

Attendees will have an opportunity to ask questions to Mr. Duross and Mr.Cain at the end of the panel. The panel and Q&A session will be moderated by Homer E. Moyer, Jr., Conference Co-Chair.

10:00 Coffee Break

12:15 Luncheon for Attendees and Speakers

1:45 Modus Operandi of Corruption: Detecting Bribery Schemes, High Risk Structures, Hidden Parties and other Questionable Transactions

Richard N. Dean
Partner
Baker & McKenzie LLP

Frederic R. Miller
Partner, Forensic Services
PwC LLP

Susan M. Ringler
Senior Counsel for International Compliance
ITT Corporation

• What are the main red flags for transactions
• s that are used to channel bribes and range of schemes employed to evade internal controls
• Discussing examples of conflicts of interest, collusive deals undertaken by corrupt employees and classic signs of corrupt behavior
• How schemes have become increasingly sophisticated and the red flags you need to know
• How bribery schemes differ in high risk markets and specific industries
• The convergence of corruption, tax evasion and money-laundering and how to avoid becoming involved in these activities
• Minimizing the risks of offshore distribution structures
• How to be proactive with appropriate controls to avoid involvement in other illegal activities associated with corruption

3:00 Refreshment Break

3:15 Disclosing an FCPA Issue Post Dodd-Frank: Balancing Whistleblower, Defense and Corporate Governance Obligations

Jim Portnoy
Chief Counsel-Government Affairs
Kraft Foods

Sean McKessy
Head of Whistleblower Office
U.S. Securities and Exchange Commission

Raymond Banoun
Partner
Cadwalader, Wickersham & Taft LLP

Claudius Sokenu – Panel Moderator
Partner
Arnold & Porter LLP

• Retrieving control of the disclosure process post Dodd-Frank and assessing the risks of making a voluntary disclosure or not
• Practical steps you can take to encourage employees to report internally
• Making the decision to disclose or not at a greater speed and ramping up resources to respond to whistleblower allegations
• The role of the Board in engaging management on the subject of reporting mechanisms in light of Dodd-Frank
• Ensuring the Board is equipped to evaluate and respond to issues raised by management
• Considerations that may drive content of disclosure
• Managing internal expectations about disclosure and resolution process
• Balancing the rights of a whistleblower with the protection of the company
• Designating a company spokesperson to manage public relations impact of a disclosure

4:30 Minimizing Joint-Venture FCPA Risks: How to Achieve the Right Level of Control and Supervision

Maryann Clifford
Associate General Counsel
Regulatory Compliance & Ethics
R&M Compliance
BP

Suzanne Rich Folsom
Vice President, Chief Regulatory & Compliance
Officer and Deputy General Counsel
Xe Services

Glenn T. Ware
Partner, Forensic Services
PwC LLP

Timothy L. Dickinson – Panel Moderator
Partner
Paul, Hastings, Janofsky & Walker LLP

• Contrasting risks raised by minority, majority and contractual joint ventures and how to approach due diligence and supervision strategies for each type of JV
• Managing joint venture risks when participants are subject to different legal regimes
• Developing an appropriate oversight monitoring plan and establishing internal controls to detect and prevent local anti-bribery issues
• How a JV partner fits in the UKBA definition of “associated person”
• What US authorities will expect of JVs versus other third party relationships and what sort of behavior can trigger an investigation
• What reps and warranties and other contract language is reasonable to expect of JV partners
• Drafting effective termination provisions
• How to deal with disputes among JV partners in an FCPA situation
• Lessons learned from RAE Systems on compliance for joint ventures and training

5:45 Conference Adjourns for the Day

5:45 to 7:00 Cocktail Reception Hosted By: