Managing Third Party & Counterparty Relationship Risks

Monitoring Your Third Party Exposure from the Beginning to the End of the Relationship

Tuesday, February 28 to Wednesday, February 29, 2012

Millennium Gloucester Hotel, London

Interactive Workshop A • 9:00 am – 12:30 pm

Tailored Due Diligence Investigations to Address Local Content and Other Specific Risks in Africa

Richard J. Battaglia *

Senior Counsel, Regulatory Compliance – Investigations, BP Legal (USA)

How to address government versus private requirements for local third party relationships: How to prepare for when a partner forced upon you
Assessing risks based on local business practices
Handling threats to safety and security when undertaking due diligence investigations in remote locations
Undertaking due diligence when public records are unreliable or inaccessible
How should your pre-relationship due-diligence change to account for this requirement?
- What questions should be asked?
- Why that particular third party and not others?
- Understanding the anti-trust risks
Identifying typical and atypical red flags specifi c to this region
Coping with local community expectations or reluctances to cooperate
Treating local content requirements as an inherent red flag

Interactive Workshop B – 1:00 pm – 4:30 pm

Third Party Compliance Risks in the Heavily Regulated Pharmaceutical and Life Sciences Industry

Marc Dalby

VP Business and Legal Affairs, United Therapeutics Europe Limited

Identifying and tackling the highest risk area for pharma companies
- Understanding the business practice on the ground
Conducting thorough risk assessments to ensure that the range of distributors are genuine entities
Maintaining suffi cient levels of due diligence with existing distributors

- Ensuring maintenance of suffi cient third party ethical standards
- Abiding by regulated codes of conduct
Identifying potential compliance risks in researching for and gaining approval for clinical trials
Maintaining ongoing monitoring in remote and high risk regions – Asia, Russia, Middle East

- Addressing cultural differences in ethical attitudes to conducting business
- Monitoring the use of agents specifically to pay facilitation payments and bribes
Specific risks for the pharma industry with corruption, bribery and anti-trust
Managing Healthcare Professionals (HCPs) as agents and confl icts of interest with their ethical obligation to their patients
Potential risks associated with sponsoring medication symposiums and seminars
Costs of non-compliance: Recent enforcement trends