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Day 1 - Tuesday, March 23, 2021

12:30
Co-Chairs’ Opening Remarks
12:45

PART I – AUDIENCE POLLING

The Expected and Unexpected Evolution of Fraud and Ponzi Schemes, Litigation and Financial Picture for Law, Forensic and Asset Recovery Firms
1:30

PART II: SMALLER-GROUP DISCUSSION

Breakout Roundtable Discussions (participants select one)
2:00

Fraud Tipsters and Whistleblowers

The Newest Schemes that Will Become the Subject of Litigation (Sooner or Later)
2:45
1:1 Networking
3:00
Break
“Office Hours” in Expo Hall
3:15

SFO AND FCA PANEL

Multi-Jurisdictional Fraud Enforcement Trends, Priorities and Cross-Agency Coordination Post-Brexit
4:00

THE EVOLVING FRAUDSTER PLAYBOOK – AUDIENCE POLLING

Inside the Newest Litigation Tactics and Strategies of Fraudsters and Their Outside Counsel-and How to Respond
5:00

SMALLER-GROUP DISCUSSIONS

Crypto & Cyber Fraud Litigation War Stories: The Latest Complexities Affecting Asset Tracing, Freezing and Proprietary Injunctions
5:45

CLOSING INTERVIEW

The View from Financial Institutions Faizal Nunes, Deputy – Global Head of Anti-Fraud, Credit Suisse
6:30
Conference Adjourns

Day 2 - Wednesday, March 24, 2021

12:40
Co-Chairs’ Remarks
12:45
Opening Interview
1:30

EXTRADITION IN FRAUD MATTERS

Perspectives on Defence and Prosecution Theories, Recent Developments and Their Impact Moving Forward
2:30
1:1 Networking
2:45
Break
“Office Hours” in Expo Hall
3:15

SPECIAL DOJ INTERVIEW

1MDB and Global Cooperation for Asset Recovery
3:45
Lying: Catch Me If You Can!
4:15

WAR STORIES

From Data Recovery to Large, Complex Document Reviews: Perspectives on Forensics, AI and Machine Learning AI and Machine Learning
5:00

SMALLER-GROUP DISCUSSIONS

“WAR STORY” ROUNDTABLES (participants select one)
5:30

LIFE SCIENCES INDUSTRY PERSPECTIVES

Covid-19, and The Evolving Landscape of Fraud Risks, Investigations and Litigation
6:00
Conference Adjourns

Day 3 - Thursday, March 25, 2021

12:30
Co-Chairs’ Opening Remarks
12:45
The Evolving Role of Auditors in the Detection of Fraud
1:15

CASE STUDY: WIRECARD SHAREHOLDER LITIGATION

Inside A Law Firm and Litigation Funding Partnership
1:45
Arbitration as a Forum for Adjudicating Fraud Matters-and Enforceability of Orders
2:15
Executing Search Orders Amid Covid-19
2:45
1:1 Networking
3:00
Break
“Office Hours” in Expo Hall
3:15
Special Interview
3:45
Insolvency & Restructuring as Vehicles for Detecting Fraud and Recovering Assets: The Newest, Lesser Known Trends and Developments
4:45
Conference Concludes

Day 1 - Tuesday, March 23, 2021

12:30
Co-Chairs’ Opening Remarks

Jane Colston
Partner
Brown Rudnick LLP

Saverio Lembo
Partner
Bär & Karrer

Mona Vaswani
Partner
Milbank LLP

Keith Oliver
Head of International
Peters & Peters

12:45

PART I – AUDIENCE POLLING

The Expected and Unexpected Evolution of Fraud and Ponzi Schemes, Litigation and Financial Picture for Law, Forensic and Asset Recovery Firms

Yves Klein
Partner
Monfrini Bitton Klein (Switzerland)

Ros Prince
Partner
Stephenson Harwood (UK)

Steven Friel
Chief Executive Officer
Woodsford Litigation Funding (UK)

Moderator:

Dame Alison Saunders
Partner
Linklaters (UK)

Reunite and discuss the expected and unexpected developments of Covid-19, the economic turmoil and recent cases. Hear invaluable perspectives on what is on the horizon for this practice area, and what we have learned about evolving fraud schemes, remote proceedings, litigation timelines, case outcomes and new hurdles to asset recovery.

  • Perspectives on the newest fraud typologies:
    • Frauds that are unrelated to COVID-19, but exposed due to the economic turmoil
    • Frauds that are a result of the economic turmoil caused by COVID-19
    • Frauds that are a direct result of COVID-19
  • War stories on the expanding range of fraud litigation challenges amid a crisis
  • What has changed in the delivery of legal and consulting services
  • Growth in asset recovery practitioners and third-party funding: Where are we?
  • Impact of remote work on securing new business
  • How firms are addressing heightened cybersecurity and data privacy risks
  • Changes to law firm business models, the legal profession and asset recovery
  • Trends in the trajectory of ongoing cases:
    • has there been a bigger push to settle?
    • the extent of court delays
    • changes to workflows
    • are clients still asking to slow things down?
  • How courts have addressed statute of limitations issues posed by Covid-19-related delays

1:30

PART II: SMALLER-GROUP DISCUSSION

Breakout Roundtable Discussions (participants select one)

Solicitors’ Roundtable

Nicola Boulton
Partner
Byrne and Partners LLP (UK)

Sion Richards
Partner
Jones Day (UK)

Turn on your audio and video to reunite in a smaller-group setting. Reconnect further, benchmark, and stay in the loop on what’s new and interesting. Delegates can select from one of the following two roundtables:

  1. Barristers’ Roundtable: How’s Business? What Is Coming Across Your Desk?
    As a worthwhile “ice breaker” for barristers, join this interactive conversation on what has been keeping your peers busy. Share your experiences, ask questions and learn how practitioners have been approaching cases during these unprecedented times!

  2. Solicitors’ Roundtable
    Benefit from an opportunity to connect, compare notes and expand your network. Topics will include the pitfalls of remote client management, document management for virtual trials, navigating international cases and cultural differences without the face-to-face – and more.

2:00

Fraud Tipsters and Whistleblowers

The Newest Schemes that Will Become the Subject of Litigation (Sooner or Later)

Jordan A. Thomas
Chair
Labaton Sucharow (USA)
Former SEC Assistant Director, Enforcement Division

Sean McKessy
Partner
Phillips & Cohen (USA)
Former Chief, SEC Office of the Whistleblower

  • Trends in tipsters seeking rewards from SEC’s bounty program
  • Update on tips about companies and individuals defrauding the Paycheck Protection Program
  • Contrasting fraud trends in the U.S., Europe and offshore jurisdictions

2:45
1:1 Networking
3:00
Break
“Office Hours” in Expo Hall
3:15

SFO AND FCA PANEL

Multi-Jurisdictional Fraud Enforcement Trends, Priorities and Cross-Agency Coordination Post-Brexit

John Carroll
Chief Operating Officer
Serious Fraud Office (SFO)

Mark Francis
Director of Wholesale and Unauthorised Business Investigations
Financial Conduct Authority (FCA)

Moderator:

Stephen Auld QC
Barrister
One Essex Court (UK)

  • Have investigations and prosecutions been on the rise?
  • The latest on prosecutions for pandemic-related fraud: Individual and corporate liability
  • How law enforcement can stumble across fraud cases amid other types of investigations
  • Trends in new, emerging kinds of fraud and other cases-and perspectives on what is on the horizon
  • Impact of Covid-19 on government investigations and enforcement, including evidence gathering, document production requests and interviews
  • How the agencies are investigating cyber and cryptocurrency fraud schemes-and approaching asset-collection and civil asset forfeiture
  • Cross-agency coordination and information sharing for pandemic and other types of fraud cases

4:00

THE EVOLVING FRAUDSTER PLAYBOOK – AUDIENCE POLLING

Inside the Newest Litigation Tactics and Strategies of Fraudsters and Their Outside Counsel-and How to Respond

Thomas Christodoulou
Partner
Chrysses Demetriades (Cyprus)

Simon Salzedo QC

Brick Court Chambers (UK)

Mona Vaswani
Partner
Milbank LLP

  • Examples of what fraudsters are now doing when they are served with injunctions
  • Invoking privilege against self-incrimination
  • Fraudsters’ latest efforts to avoid asset disclosure
  • How Covid-19 and remote proceedings have changed tactics and strategies

5:00

SMALLER-GROUP DISCUSSIONS

Crypto & Cyber Fraud Litigation War Stories: The Latest Complexities Affecting Asset Tracing, Freezing and Proprietary Injunctions

Stefan Kühn
Head of Risk Advisory Services, Partner
BDO (Switzerland)

Syedur Rahman
Legal Director
Rahman Ravelli (UK)

Moderator:

Edward H. Davis Jr.
Founding Shareholder
Sequor Law (USA)

Experts will lead a series of smaller-group discussions on the newest challenges. Ask your questions, hear what has been coming across your peers’ desks-and what is keeping them up at night.

  • How practitioners are overcoming challenges to commencing proceedings in cryptocurrency cases: What to do when the fraudster’s identity is unknown
  • New types of theft and misappropriation of cryptoassets: Bitcoin, Ethereum and other virtual cryptocurrencies
  • New complexities in crypto ponzi schemes
  • Freezing orders against unnamed, unidentified individuals
  • Successes in serving freezing injunctions
  • Concrete examples of successes in blockchain and digital wallet tracing
  • New techniques for identifying fraudsters in illicit crypto activities
  • Hurdles to applying common law principles to cases involving new, emerging technologies
  • Searching and analyzing cryptocurrency and digital wallet transactions

5:45

CLOSING INTERVIEW

The View from Financial Institutions Faizal Nunes, Deputy – Global Head of Anti-Fraud, Credit Suisse

Steve Young
Group Compliance Head of Fraud and Investigations
Banque Lombard Odier & Cie SA.

Basha Galvin
Chief Operating Officer
Association of Corporate Investigators

Niki Charilaou
Manager Financial Crime Compliance Department
Bank of Cyprus

Moderator:

Benjamin Borsodi
Partner
Schellenberg Wittmer Ltd (Switzerland)

At this closing interview, legal executives from leading financial institutions will provide insights on the current fraud risk and litigation landscape, the impact of Covid-19 and more. Topic of discussion will include:

  • What financial institutions are now doing when suspecting or discovering fraud
  • Changes to fraud risk detection and management
  • Perspectives on law firm selection, litigation budgets and priorities
  • How financial institutions are working with their outside counsel on fraud-related matters
  • New tools and platforms being used to filter transactions, detect fraud and minimise delays for legitimate payments

6:30
Conference Adjourns

Day 2 - Wednesday, March 24, 2021

12:40
Co-Chairs’ Remarks
12:45
Opening Interview

Dan McCrum
Investigative Journalist
Financial Times

Moderator:

Saverio Lembo
Partner
Bär & Karrer

During this opening session, Financial Times’ Investigative Journalist Dan McCrum will provide behind the scenes insights into what precipitated his investigation and exposure of the Wirecard fraud scandal. The interview will also address why and how the fraud remained undetected for so long, and the “unwritten” lessons learned.

1:30

EXTRADITION IN FRAUD MATTERS

Perspectives on Defence and Prosecution Theories, Recent Developments and Their Impact Moving Forward

Daniel J. Zappelli
Partner
Vafadar Sivilotti Zappelli (Switzerland)
Former Attorney General of the Republic and District of Geneva

Kate McMahon
Partner
Edmonds, Marshall, McMahon (UK)

Paul A. Murphy
Partner
Teitler & Teitler, LLP (USA)

Moderator:

Nicholas Surmacz
Lawyer
Kobre & Kim LLP
Former Asst. Chief, Fraud Section, DOJ

This highly anticipated session will provide practical, “behind the scenes” insight into defending and prosecuting extradition claims. Hear from former prosecutors and leading outside counsel on this evolving area-and the potential impact on extradition moving forward.

2:30
1:1 Networking
2:45
Break
“Office Hours” in Expo Hall
3:15

SPECIAL DOJ INTERVIEW

1MDB and Global Cooperation for Asset Recovery

Deborah Connor
Chief, Money Laundering and Asset Recovery Section
U.S. Department of Justice

Moderator:

Martin S. Kenney
Managing Partner
Martin Kenney & Co. (BVI)

The U.S. Department of Justice’s Chief of the Money Laundering and Asset Recovery Section will discuss the ongoing asset recovery effort in the 1MDB case.

3:45
Lying: Catch Me If You Can!

Jane Colston
Partner
Brown Rudnick LLP

Do you know when someone is lying? Can the science of lying help you? Is our use of social media assisting in discerning deception? What tools in litigation assist you find the truth and prove dishonesty?

Join our Co-Chair, Jane Colston, for a discussion that will also cover cognitive interview techniques, the imminent new rules in preparing witness statements in England and Wales, and how securing, recovering and quickly analysing data is key to proving dishonesty in court.

4:15

WAR STORIES

From Data Recovery to Large, Complex Document Reviews: Perspectives on Forensics, AI and Machine Learning AI and Machine Learning

Karyn Harty
Partner
McCann Fitzgerald (Ireland)

Eric Shirk
Partner
BDO USA, LLP

  • When it is (and isn’t) possible to recover data from a destroyed laptop
  • Recovering data from mobile devices
  • Implementing a triaged approach when there are many devices
  • The latest word on AI for civil proceedings and regulatory matters: continuous active learning and leveraging new analytics, including sentiment analysis and graphic visualization tools

5:00

SMALLER-GROUP DISCUSSIONS

“WAR STORY” ROUNDTABLES (participants select one)

Charlotte Pender
Partner
Charles Russell Speechlys (UK)

Costas Stamatiou
Cyprus
Elias Neocleous & Co LLC (Cyprus)

Philip Young
Partner
Cooke, Young & Keidan LLP

Matthias Gstoehl
Partner
LALIVE (Switzerland)

Based on popular demand, attendees and faculty will benefit from smaller-group discussion of recent war stories and case studies. In the wake of Covid-19, ask your questions, hear what has been coming across your peers’ desks-and what is keeping them up at night.

  1. Venue Selection, Jurisdictional Challenges – and the Recognition of Interim Freezing Orders Post-Brexit
    • Venue selection and Brexit: Has there been a notable impact on the choice of forum?
    • New jurisdictional challenges affecting venue selection and how practitioners are addressing them
    • Application of procedural rules across the EU
    • Determining the correct system of law to apply
    • The extent of changes to the recognition of interim freezing orders across other jurisdictions
    • The latest examples of selecting and changing the “battlefield” (jurisdictions) to speed up a case or gain momentum
    • Evolving challenges posed by civil proceedings across multiple jurisdictions

  2. The Verdict on Remote Cross-Examinations: The Most Effective Approaches-and Newest Pitfalls
    Compare notes on recent hits and misses in remote cross-examinations-and share best practices for addressing tricky dilemmas:
    • How the virtual setting has changed litigation techniques and strategies
    • Body language, eye contact and more challenges affecting cross-examinations, including the inability to see or read body language
    • Preparing effectively over video and teleconference
    • Special considerations for large, complex litigation actions: Determining if the cross-examination should wait until it can take place in person
    • How to approach translation when conducting virtual interviews

5:30

LIFE SCIENCES INDUSTRY PERSPECTIVES

Covid-19, and The Evolving Landscape of Fraud Risks, Investigations and Litigation

Cornelis van Ophem
Global General Counsel & EVP
Fresenius Medical Care

Claudia Götz Staehelin
Partner
Kellerhals Carrard (Switzerland)
Former Head of Litigation, Novartis

Moderator:

Sophie Eyre
Partner
Bird & Bird (UK)

Benefit from “big picture” insights on the newest, emerging fraud risks and litigation resulting from Covid-19 transmission, treatment and the vaccine.

6:00
Conference Adjourns

Day 3 - Thursday, March 25, 2021

12:30
Co-Chairs’ Opening Remarks
12:45
The Evolving Role of Auditors in the Detection of Fraud

Kyle Phillips
Director, Corporate and Financial Crime
Fieldfisher (UK)

Tom Allen QC
Barrister
Cloth Fair Chambers (UK)

  • The increased scrutiny of auditors in cases of fraud
  • Clarifying the auditors’ obligations in detecting fraud
  • Status of proposed amendments to the International Standards on Auditing (UK) – and their anticipated impact

1:15

CASE STUDY: WIRECARD SHAREHOLDER LITIGATION

Inside A Law Firm and Litigation Funding Partnership

Dr. Nadine Herrmann
Partner
Quinn Emanuel Urquhart & Sullivan, LLP (Germany, Belgium)

Jeremy Marshall
Senior Investment Manager
Omni Bridgeway (UK)

Hear first-hand insights from Omni Bridgeway and Quinn Emanuel on their partnership for the anticipated litigation on behalf of Wirecard shareholders against the former auditors.

1:45
Arbitration as a Forum for Adjudicating Fraud Matters-and Enforceability of Orders

Anthony de Garr Robinson QC
Barrister
One Essex Court (UK)

Sergey Petrachkov
Partner
ALRUD Law Firm (Russia)

  • Practitioners’ perspectives on arbitration proceedings for fraud matters: Pros and cons
  • Special considerations relating to the enforceability of orders
  • Deposing non-parties in arbitration proceedings
  • Status report on injunctions against non-parties

2:15
Executing Search Orders Amid Covid-19

Keith Oliver
Head of International
Peters & Peters

Turn on your audio and video to join this timely discussion of recent experiences and lessons learned.

  • How search orders can operate amid Covid-19, including restrictions on indoor gatherings, travel and social distancing
  • Can a respondent resist the search order on the basis of health-related concerns arising from the pandemic?  How have practitioners been advising their clients on this question?
  • How a “Covid-19 protocol” can be incorporated into a search order
  • When (and when not) to file a contempt application or an application to draw adverse inferences against the respondent
  • When delivery of devices or items in the respondent’s possession would suffice in order to comply with Covid-related restrictions

2:45
1:1 Networking
3:00
Break
“Office Hours” in Expo Hall
3:15
Special Interview

Sergio Moro
Managing Director
Minister of Justice and Public Security of Brazil from 2019-2020
Presiding Judge in Operation Car Wash (Operação Lava Jato)

Alvarez & Marsal (Brazil)

Moderator:

F. Joseph Warin
Partner
Gibson, Dunn & Crutcher LLP (USA)

3:45
Insolvency & Restructuring as Vehicles for Detecting Fraud and Recovering Assets: The Newest, Lesser Known Trends and Developments

Sophia Rolle-Kapousouzoglou
Partner
LennoxPaton (The Bahamas)

Mark Shaw
Head of Business Restructuring
BDO (UK)

Colette Wilkins
Partner
Walkers (Cayman Islands)

Take this opportunity to meet and hear from leading insolvency and legal practitioners on hot button issues affecting the fraud, asset tracing and recovery landscapes. Ensure that you are “in the loop” on important updates and the practical challenges now affecting insolvency and fraud-related proceedings.  Topics will include:

  • The newest examples of using insolvency and restructuring for detecting fraud and recovering assets
  • To what extent there has been an uptick in insolvency and restructuring: Are the Covid-19-related predictions coming true?
  • 19-related predictions coming true?
  • How insolvency practitioners, and insolvency/fraud litigators are working together
  • Status and impact of the European legislative changes and what they mean for the enforceability of insolvency proceedings across borders
  • Impact of changes to UK wrongful trading rules
  • Status and impact of the expansion of the UNCITRAL Model Law on Cross-Border Insolvency-and what it means for the enforceability of insolvency judgments across borders
  • Impact of changes to UK wrongful trading rules
  • Status of new legislation in the UK, Germany, Spain and Australia

4:45
Conference Concludes