Cutting-Edge Issues in Global Anti-Corruption and Compliance

04/18/2013 12:00 p.m. - 02:00 p.m.

FCPA + Anti-Corruption, Public Companies Counseling + Compliance, and Litigation

Shin-Marunouchi Building
9th Floor Conference Center
5-2, Marunouchi 1-chome
Chiyoda-ku, Tokyo 100-6529

Carl H. Loewenson, Jr.Daniel P. LevisonJames E. Hough, and Stan Yukevich

James E. HoughDaniel P. LevisonCarl H. Loewenson, Jr., and Stan Yukevich

Seminar

Our panel of leading anti-corruption compliance experts will discuss the legal and business challenges faced by companies with global operations and provide practical advice for conducting a global risk assessment and implementing effective anti-corruption programs. Our panelists have worked with companies that operate in and/or engage in M&A activity in some of the highest risk locations in the world. These include Eastern Europe, China, South and Southeast Asia, and Latin America.

In this presentation, our speakers will address:

  • Challenges faced by companies operating across the globe, including assessing and mitigating risk on a global basis and dealing with differences in local customs and business norms, as well as local law.
  • The risks in dealing with third-parties which include embezzlement, bribery, and issues around internal controls. The FCPA prohibits corrupt payments to foreign officials for the purpose of obtaining or retaining business. Under the statute, both direct and indirect payments are unlawful. The use of intermediary third parties is the single most common source of corruption risk. Companies and individuals should take necessary precautions to ensure that they have formed business relationships with reputable and qualified third parties, and that they have mechanisms to monitor compliance and terminate relationships, when necessary.
  • The tensions between conducting thorough global internal investigations and complying with local data protection and privacy laws. More than 70 countries have their own data protection laws regulating the collection, use, disclosure, and security of personal information. The complex and sometimes conflicting obligations imposed by these laws can be challenging for companies seeking to comply with their privacy and data security obligations. Complying with both anti-corruption and privacy laws can be challenging, but can be accomplished.
  • The regulators claim to reward the self reporting of FCPA violations, but are the benefits illusory?
  • Current enforcement priorities in Europe, the risk of information exchange. Recent EU Commission decisions and investigations show an increased focus on information exchange violations under competition law. The combination of strict substantive rules and kitchen-sink leniency applications result in very high fines for activities that until recently were considered standard business practices by most companies. The presentation will discuss recent examples of information exchange infringements, and provide guidance how to avoid the common pitfalls of information exchange.

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.

Email Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

©1996-2017 Morrison & Foerster LLP. All rights reserved.