Workshop A – ANTI-CORRUPTION CASE REVIEW: The Most Critical Updates on the Extra-Territorial Reach of the FCPA, UKBA, SAPIN II-and New Compliance Risks to Flag Now

Mar 31, 2020 9:00am – 12:30pm

At this practical session, expert faculty members will take a deep dive into key Foreign Corrupt Practices Act, the UK Bribery Act and SAPIN II cases, with a special focus on their extra-territorial application and impact on multinationals. The speakers will then delve into the complexities of recent regulatory and enforcement matters toward imparting real-life lessons for industry moving forward. Gain helpful insights on the ins and outs of significant investigations and settlements, and how to leverage the lessons learned to better enhance your compliance status.

  • Who is covered by the FCPA, the UKBA and SAPIN II?
    • Companies and financial institutions
    • Individuals – what categories of persons who are captured
  • Key updates on the extra-territorial reach of the FCPA, UKBA and SAPIN II
  • Heightened risk factors post-Hoskins
  • Core elements of the FCPA: Key terms, requirements and common misconceptions
  • Inside the FCPA’s accounting provisions: Books and records, record keeping and internal controls requirements and standards
  • Permissible and impermissible payments: Contrasting varying, multi-jurisdictional provisions
  • Third party due diligence requirements: Agents, consultants and joint venture partners
  • Factors that trigger government investigations under the FCPA, UKBA and SAPIN II
  • What recent investigations and settlements reveal about DOJ, SEC, SFO and AFA expectations
  • Circumstances that have led to declinations, DPAs and NPAs
  • What does “cooperation” really mean for the authorities?
  • Critical takeaways from the DOJ’s Updated Guidance on The Evaluation of Corporate Compliance Programmes
  • The Lengths and Limits of Individual Liability: Prosecutions of individuals, including General Counsel, CCOs, VPs, Compliance Directors and more