Conducting Global Antitrust Internal Audits in an Era of Heightened Enforcement

Assessing Risk and Monitoring Compliance With Antitrust Laws in the U.S., Asia, Europe, Latin America and Russia

A live 90-minute CLE webinar with interactive Q&A


Wednesday, May 24, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 28, 2017


This CLE webinar will guide antitrust counsel in conducting internal audits to evaluate and monitor antitrust compliance with U.S., Asian, European, Latin American and Russian competition laws. The panel will address considerations when preparing for and conducting audits, including timing, documentation, privilege issues and more.

Description

Now is the time to consider adopting an antitrust audit plan if you do not have one or to critically review an existing plan. As businesses expand their international footprint, the number of global antitrust enforcement actions are increasing significantly; total fines in 2016 reached new heights, and that trend continues unabated. Vigorous global enforcement, plus an ever-present private litigation environment, underscores the need for an effective global antitrust audit plan.

Internal audits are essential to monitor compliance with antitrust laws. Counsel to multinational companies are tasked not only with complying with U.S. antitrust laws, but also with the competition rules of the other countries and regions where they are located, particularly Asia, Europe, Latin America and Russia.

Conducting regular audits as part of an antitrust compliance program will help business clients uncover potential risks, identify corrective solutions, and minimize costly liability in the event of a regulatory investigation.

Antitrust counsel must strategically consider the timing of an antitrust audit, the appropriate type of audit to conduct for specific potential violations, the scope of the audit, documentation of the audit, preservation of the audit documentation, and follow up on any potential violations detected. Counsel should also be aware of potential attorney-client privilege pitfalls and take measures to preserve the privilege during the audit process.

Listen as our authoritative panel of antitrust attorneys discusses the importance of conducting regular internal antitrust audits, outlines step-by-step guidance for conducting key audits in the U.S., Asia, Europe, Latin America and Russia, and reviews special considerations for attorney-client privilege during the audit process.

Outline

  1. Preparing for audits
    1. Who should conduct it?
    2. Scope and objectives
    3. Announcing the audit
  2. Conducting audits
    1. Interviews
    2. Document review
    3. Analysis and recommendations
    4. Written report?
  3. Post-audit considerations
    1. Attorney-client privilege
    2. Work-product protection
    3. Data privacy
    4. Self-evaluation
  4. Country-specific issues
    1. Asia
    2. Europe
    3. Latin America
    4. Russia

Benefits

The panel will review these and other key issues:

  • When is an antitrust audit necessary?
  • How should the scope of the audit be determined?
  • How is the attorney-client privilege best preserved in an internal antitrust audit?
  • What are best practices for documenting the antitrust audit?
  • What unique issues arise when representing multinational companies with a presence in Asia, Europe, Latin America or Russia?

Faculty

Sarah N. Flanagan, Global Director of Antitrust Compliance
Intel, Santa Clara, Calif.

 

Lisa Tenorio-Kutzkey, Partner
DLA Piper, San Francisco

Ms. Tenorio-Kutzkey focuses exclusively on white collar matters in all phases of U.S. federal government prosecution and investigation, with a focus on criminal antitrust defense, FCPA and complex internal investigations. She is a leader of the firm’s Global Cartel practice, a former trial attorney with the U.S. DOJ, Antitrust Division, and a former Special Assistant U.S. Attorney for the N.D. of California. Fortune and Global Fortune 100, 200 and 500 companies and their executives routinely turn to Ms. Tenorio-Kutzkey for assistance in price-fixing, bid rigging, and market allocation conspiracy matters.

Douglas M. Tween, Partner
Linklaters, New York

Mr. Tween leads the firm's U.S. Government Enforcement and Cartel Practice. He brings extensive courtroom experience to the defense of companies and individuals in white collar criminal and regulatory investigations, with a particular concentration on antitrust and cartel, FCPA, securities, tax, fraud, and money laundering matters. Mr. Tween also advises on crisis management, conducts internal investigations, and assists corporations with compliance, risk assessment and governance issues.


Live Webinar

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Antitrust Law Advisory Board

Clifford H. Aronson

Partner

Skadden Arps Slate Meagher & Flom

Tyler A. Baker

Partner

Fenwick & West

W. Joseph Bruckner

Partner

Lockridge Grindal Nauen

Gregory J. Casas

Shareholder

Greenberg Traurig

David B. Goroff

Partner

Foley & Lardner

Allen P. Grunes

Partner

GeyerGorey

Robert N. Kaplan

Partner

Kaplan Fox & Kilsheimer

Christopher J. Kelly

Partner

Mayer Brown

James J. Long

Shareholder

Briggs and Morgan

Milton Marquis

Partner

Dickstein Shapiro

Janet L. McDavid

Partner

Hogan Lovells

Kevin D. McDonald

Partner

Jones Day

Daniel F. McInnis

Partner

Akin Gump Strauss Hauer & Feld

Saul P. Morgenstern

Partner

Kaye Scholer

John Thomas Rosch

Of Counsel

Latham & Watkins

Douglas Rosenthal

Partner

Constantine | Cannon

M. Sean Royall

Partner

Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.

Partner

Berman DeValerio

Douglas M. Tween

Partner

Linklaters

or call 1-800-926-7926

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