Compliance Strategies Given China’s Unique
Cultural and Governmental Intricacies
CD of Teleconference with Q&A
Click here for program outline
Conducted on Thursday, October 30, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
International Law Teleconference Advisory Board
U.S. companies are increasingly conducting business in and with China. This rapid growth leaves companies and their employees vulnerable to violations of the Foreign Corrupt Practices Act (FCPA).
Both the Securities Exchange Commission and the U.S. Department of Justice are increasing scrutiny of U.S. companies' dealings with overseas officials and strengthening their FCPA anti-corruption enforcement efforts.
Recent settlements of FCPA charges by Faro Technologies Inc. and AGA Medical Corp. should send a reminder to companies of all sizes and their counsel that it is increasingly important to have and implement a rigorous FCPA compliance program.
Listen as our authoritative panel discusses the risks of FCPA violations in China, the interplay between the FCPA and local Chinese anti-bribery laws, and best practices for mitigating the risk of FCPA violations.
The panel included:
Nathan G. Bush, Counsel, O'Melveny & Myers, Beijing, China. His practice focuses on regulatory matters and litigation concerning antitrust and competition, anticorruption, and international trade. He counsels companies on compliance with the FCPA. He also conduct internal investigations for firms in sectors ranging from financial services to consumer electronics in Japan, China, Hong Kong, Singapore, and Vietnam.
Edward J. Fishman, Partner, K&L Gates, Washington, D.C. He focuses on FCPA compliance, SEC enforcement matters, and internal investigations. He has managed recent FCPA investigations, including matters in Asia, Africa, Europe and the Middle East. He has extensive experience representing companies with operations in China and other parts of Asia in connection with FCPA compliance, due diligence, training and other risk management procedures.
Kyle A. Wombolt, Partner, Goodwin Procter, Menlo Park, Calif. He conducts regulatory and internal investigations involving matters related to federal securities laws and the FCPA. He advises on the propriety of transactions and disclosure under the FCPA. He conducts internal investigations in over 20 countries, including China, and counsels on corporate governance and internal control issues for compliance under the Sarbanes-Oxley Act and the FCPA.
The panel reviewed these and other key questions:
- What are the risk factors that make companies conducting business in China vulnerable to possible FCPA violations?
- How have the U.S. and Chinese governments approached the enforcement of their respective anti-bribery laws?
- What are the best practices for companies to utilize in developing anti-corruption compliance programs and due diligence efforts?
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