Pre-Conference Workshops: Monday March 22, 2010

A - The Fundamentals of FCPA Compliance: The Foreign Corrupt Practices Act Demystified
9:00 am to 12:30 pm (Registration begins 8:30 am)

Douglas N. Greenberg
Latham & Watkins LLP

Do you need an immersion in the FCPA and the elements involved in the key cases? This highly rated pre-conference workshop is designed to provide you with a comprehensive introduction to FCPA and cover all the bases: the anti-corruption and anti-bribery elements of the statute, internal controls and accounting requirements, and intersections with Sarbanes-Oxley and SEC reporting requirements. Delegates consistently give it top marks for both content and presentation.

This interactive and practical working session brings together experienced attorneys who will discuss core issues related to the statute, focus on the “nuts & bolts” of the FCPA and supply you with a foundation for dealing with day-to-day issues, including:

  • Who is covered by the FCPA?
    • what constitutes a “instrumentality”
    • what constitutes a “government owned entity”
  • Permissible and impermissible payments
    • anything “of value”
    • facilitating payments: limits on “grease”
    • political contributions
    • charitable contributions

Raja Chatterjee
Executive Director
Morgan Stanley

  • What constitutes activity deemed to “obtain or retain business”?
  • Reasonable and bona fide expenses under the statute
  • What triggers U.S. government anti-bribery investigations?
  • Books and records requirements: a potential “Achilles Heel” for compliance
  • Internal controls inaccuracies and public disclosure under the FCPA
  • The FCPA paper trail: inaccurate books and records
  • The intersection of Sarbanes-Oxley and FCPA
  • The legal elements in the most significant cases from the past year: the stakes
  • Fundamentals of an FCPA compliance program

Whether you are new to the field of FCPA or are a seasoned veteran with substantial experience seeking a comprehensive refresher, you will find this workshop invaluable for getting up to speed and maximize your benefit from the advanced discussions that are the hallmark of the main conference.

B - Monitoring and Auditing your Business Relationships: Tiered Due Diligence in Practice
1:30 pm to 5:00 pm (Registration begins 1:00 pm)

Jannette E. Hasan
Senior Counsel - International Law Department
Northrop Grumman Corporation

When considering a prospective business relationship, conducting effective anti-corruption due diligence is an absolute imperative. Failure to uncover corruption problems or mitigate corruption risks can result in reputational damage and, with increasing frequency, substantial criminal and regulatory exposure.

This interactive and practical workshop will provide a detailed look at conducting third party due diligence. Workshop participants will learn how to overcome the legal, factual and cultural issues companies often confront when auditing overseas, and how to respond appropriately to issues identified during the due diligence process. You’ll gain critical insights on:

  • How to design and implement due diligence for a prospective foreign third party including partners, agents, consultants, customs brokers, marketing and sales representatives, and other types of business associates
  • Understanding a foreign representative’s reputations and confirming integrity, competence and experience

Stephen Fishbein
Sherman & Sterling LLP

  • Assessing risks based on region and understanding local business practices
  • FCPA due diligence process information gathering
    • Conducting interviews
    • Outside resources
  • Identifying known conflicts including past and present relationships with government officials
  • Determining appropriate level of FCPA due diligence based on review of facts and circumstances
  • Addressing and resolving all red flags
  • How concerned should you be with local law?
  • Due diligence practices for long term sales and marketing relationships versus short term relationships to address
  • a specific need
  • Generating anti-corruption due diligence report
    • Scope of investigation
    • Summary of findings, analysis and recommendations
  • Structuring a successful relationship with third party representatives