Due Diligence and Business Associate Monitoring

Registration and Refreshments

Opening Remarks by Chairs

Formulating and Executing Due Diligence by the Nature of the Action or Party, including Projects, Activities, Transactions, Business Associates and Personnel

• Key actions and parties that require due diligence checks; projects, activities, transactions, business associates and personnel
  • Scope and context of these actions or parties
• Critical risk factors with various actions and parties and how each should be evaluated through due diligence

Morning Refreshments

Assembling a Versatile Due Diligence Team with the Skills Needed to Identify a Diverse Range of Risks

• Identifying the key stake holders and where they fit — or don’t fit — in the due diligence process
• Assembling a well-rounded due diligence team equipped to uncover a wide range of risks
  • Which job functions and departments to include?
• Assigning responsibilities to each team member involved: how to avoid unnecessary overlap and designate the appropriate lines of authority
• How to structure each level of checks
• When to bring in outside counsel

Preventing Due Diligence Checks From Going Wrong: Minimising Common Challenges and Recognising Hidden Red Flags when Working with New Suppliers

• Starting within your company: how to create questionnaires for colleagues that will answer the initial questions that will indicate the need to move on to further checks
• How to quickly assess the region and market your investigating to ensure you’re getting the best information from the best sources
• Best practices for gaining support from stakeholders who are pushing for a deal to go through
• How to keep abreast of changes to a situation that happen while the due diligence is being carried out
• How do you develop the sense of what is normal and what is not normal?

Networking Luncheon

Identifying and Assigning Risk Level to your Universe of Business Associates: Ensuring Appropriate Checks are Carried Out to Avoid Unnecessary Exposure

• Defining your universe of business associates within your company: who are the parties engaged in business within your organisation including clients, members of your supply chain, vendors, and partners in joint ventures
  • What are the legal liabilities for the various relationship types?
• Assessing the risk level associated with each relationship: key considerations
  • Nature of the relationship
  • Location of the party
  • History of the company, including legal violations
• Assigning business associates to risk groupings: how to decide on the thoroughness of due diligence required to protect your company with each business associate
  • What checks to include in the various risk levels

Afternoon Refreshments

Breakout Roundtables

During the breakout roundtables, you will have the opportunity to have meaningful solution-focused discussions with peers on complex due diligence areas. Ask questions on the areas you’re struggling with and benchmark with other companies from a range of industries.

Choose two of the following topics:

A: Due Diligence on Joint Ventures

When entering into a joint venture this naturally creates the potential for risk exposure. Participate in this in-depth discussion on how to uncover hidden hazards before it is too late.

B: Best Practices in Client On-Boarding for Large Corporate Entities

Henrik Bramsnaes
Deputy Head of Global Due Diligence and Onboarding
Danske Bank (Denmark)

How well do you know your customers? It can be difficult to find out information that customers and end-users try to hide. Join this breakout session to share strategies for uncovering concealed information that could be vital for your company.

C: Due Diligence on Mergers and Acquisitions

Merging or acquiring an entity means you take on all the other company’s liabilities. Are their compliance programmes up to your standards? Who are their business associates and have they been properly vetted? Are they in good financial standing? Discuss the best way to go about M&A with your peers.

D: Practicalities of Adding the Requirements of the Modern Slavery Act and Anti-Human Trafficking Rules to your Due Diligence Checks

Human trafficking has become a big concern to both Europe and the US and can be difficult to identify within your supply chain. Join this group to discuss what your obligations are under anti-human trafficking regulations and how to carry out checks that will ensure your business associates are not engaging in this practice.

Conference Adjourns

Refreshments

Opening Remarks by Chairs

Due Diligence Checklist Exchange

Are your due diligence checklists leaving anything out? Find out during the due diligence checklist exchange! During this session, attendees and speakers will be split into small groups and will have the opportunity to exchange due diligence checklists. Benchmark how your own checklists compare to your peers and share ideas for strengthening due diligence across the board through this hands-on opportunity.

Morning Refreshments

Reducing Exposure to Regulatory Violations when Engaging in High Risk Markets

• How do the risk profiles differ in high risk markets and how much more expensive or time consuming is it to check in on these offices?
• How much consideration to give external factors including local culture, environment and political climate, protections over local lands
• Going beyond desk research — how to identify a good local person on the ground to help carry out due diligence
  • How to fact check the answers you’re receiving
• Common mistakes companies make when carrying out due diligence in high risk markets and how to avoid them
• When is it worth getting external companies to do an extra layer of checks for you?

Top Tips for Creating a Due Diligence Compliance Framework when Vetting New Business Associates

• How do you replicate the work you’ve already put into doing due diligence on a party?
• How to create a programme that keeps due diligence going over time?
• How to keep a rolling programme that ensures you continue to understand the actions of your business associations
• Deciphering what worked in past investigations, what money was well spent and which resources gave the most accurate data

Networking Luncheon

Executing an Effective Business Associates Risk Monitoring Programme that Protects Against Changes in your Counter Parties Circumstances

• How often should we be monitoring our clients?
  • How this should vary based on the risk profile of your business associate
  • How should this very based on the nature of the relationship?
• What controls to put in place that will catch anything that may arise between reviews
• How do you respond when a red flag does pop up on someone you have a business relationship with?

When to Walk Away: How to Critically Analyse the Risks and Weigh the Benefits to Make the Best Business Decision for your Organisation

• Weighing the benefits against the risks: at what point should you advise to walk away?
• Who is best placed to make the final decision of when to go forward with an M&A, 3rd party, client?
• What actions to take if you advise not to get involved with a business associates and your advice goes unheeded

Afternoon Refreshments

Consequences for the Failure to Perform Adequate Due Diligence Checks: What to Take from Recent Enforcements to Avoid a Similar Fate

• Key jurisdictions involved in prosecuting companies for regulatory violations brought on through business associates and what they are looking for
  • UK
  • USA
  • Germany
  • Brazil
  • The Netherlands
• Take homes from the recent Rolls Royce Settlement: What could they have done to prevent corruption by business associates
• How far to dig: what we can learn from Unioil

Conference Ends