Foreign Corrupt Practices Act Compliance In Joint Ventures and Consortia

Minimizing FCPA Risk Amid Heightened Government Enforcement

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, January 17, 2012
Recorded event now available


This CLE webinar will provide counsel for companies in international joint ventures or consortia with guidance on effective compliance programs to minimize FCPA risks. The panel will examine the unique FCPA issues in such JVs, offer best practices to mitigate risks, and review strategies for handling investigations.

Description

Most Foreign Corrupt Practices Act compliance risks are due to third party conduct, including joint venture (JV) partners and agents. However, the usual steps taken by companies to minimize FCPA risks are not effective for JVs and consortia.

In international joint ventures, unreliable partners must be identified early—and either avoided or carefully managed. Counsel to companies involved in international JVs must develop and implement tailored compliance programs to reduce the risk of government investigations and penalties.

The U.S. Department of Justice and the Securities and Exchange Commission have been increasing FCPA enforcement in recent years. Effective FCPA compliance must be a high priority, particularly when dealing with the unique complexities of consortia and joint ventures.

Listen as our authoritative panel of international attorneys examines the special FCPA risks for JVs and consortia and offers steps to minimize those risks. The panel will review what should be expected from JV partners and offer best practices for handling an investigation of a JV and disputes among JV partners.

Outline

  1. FCPA risks and steps to minimize risk for JVs and corsortia
    1. Unique risks
    2. Due diligence
    3. Board/management reviews
    4. Audits and approvals
    5. Right to terminate
  2. JV partners
    1. What can be expected from JV partners
    2. Handling disputes with JV partners
    3. Compliance obligations in JV documents
  3. Best practices when facing:
    1. Investigation of the JV
    2. Disputes among JV partners

Benefits

The panel will review these and other key questions:

  • What FCPA due diligence is appropriate when working with joint venture partners?
  • What compliance obligations should be included in joint venture documents to minimize FCPA risk?
  • What are the key steps companies and counsel should take when a joint venture is subject to a government investigation?

Faculty

James G. Tillen, Member
Miller Chevalier, Washington, D.C.

He has significant experience with every facet of an FCPA enforcement matter, including developing work plans for internal investigations, conducting internal investigations, developing remediation strategies, drafting voluntary disclosures, negotiating resolutions, developing strategies for collateral issues, selecting independent monitors, and interfacing with monitors.

Edward J. Fishman, Partner
K&L Gates, Washington, D.C.

He advises clients with respect to government and internal corporate investigations, corporate transactions and related regulatory matters. He focuses on Foreign Corrupt Practices Act compliance and auditor independence requirements. He has extensive experience representing companies in connection with FCPA compliance, due diligence, training and other risk management procedures.

Mark J. Rochon, Member
Miller & Chevalier, Washington, D.C.

He practices in the area of white collar defense in criminal and civil matters. He has conducted extensive internal investigations on behalf of multinational corporations and has represented them in significant matters under the FCPA. He also represents individuals in connection with government contracting fraud investigations, export controls investigations and other fraud related investigations.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, UT, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

There was a lot of information available on the slides, so it was easy to take notes and have a thorough take-away resource.

Harriet Bildsten

St. Jude Medical

I appreciated the personal-level insights of the speakers.

Kendall Carter

King & Spalding, LLP

The speakers' presentations were very substantive and provided new information for seasoned practitioners.

Therese Lee

Google Inc.

I liked the speaker's overall information on the industry and how compelling the presentation was. The program was very thought provoking, and covered more than what we expected.

Judy Chen

Chapman and Cutler LLP

The webinar was clearly presented and organized. It was a good mixture of the law and practice.

David N. Crapo

Gibbons P.C.

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International Law Advisory Board

Edward J. Fishman

Partner

K&L Gates

Judith A. Lee

Partner

Gibson Dunn & Crutcher

Greta Lichtenbaum

Partner

O’Melveny & Myers

Kimberly A. Parker

Partner

WilmerHale

Kyle A. Wombolt

Partner

Goodwin Procter

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