Corporate Counsel: Navigating FCPA, ATA, JASTA, the Foreign Sovereign Immunities Act, and International Arbitration Conventions

Considerations When Doing Business With Foreign Governments and the Entities They Control

*** This program has been cancelled ***

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


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


This CLE webinar will address several areas of concern for corporate counsel when representing US companies doing business with foreign governmental entities and their affiliates, including the Foreign Corrupt Practices Act (FCPA), Anti-Terrorism Act (ATA), Justice Against Sponsors of Terrorism Act (JASTA), the Foreign Sovereign Immunities Act (FSIA) and its exceptions, international arbitration conventions, and various transactional considerations, especially for companies that also have US government relationships. In addition, the panel will discuss legislative developments under the Trump Administration which might impact these laws.

Description

US companies contract with foreign governments and the entities they control to provide a wealth of goods and services -- everything from renewable energy to aircraft, textbooks to hospital supplies, security training to financial services. But dealing with a foreign government or governmental entity carries additional risks that are not present in dealing with a private sector counterparty.

Corporate clients need guidance on the kinds of actions which can give rise to potential liability under the FCPA, as well as new claims available to third parties under the ATA and JASTA. There are also heightened cyber-security risks due to the political and national security implications of dealing with a foreign government.

There are unique transactional considerations, especially for companies that also have US government relationships and obligations. In addition, there are international arbitration conventions and treaties which will impact the dispute resolution process. Counsel should be conversant with these international rules and procedures.

Listen as our authoritative panel discusses the potential risks in dealing with foreign governments, including those presented under the FCPA, the FSIA, the ATA and JASTA, as well as the cyber-security concerns particular to foreign governmental entities. The panel will also explain sovereign immunity and arbitration conventions which affect remedies available against foreign entities, and legislative developments which could affect all of the foregoing under the new administration.

Outline

  1. Introduction - Scope of transactions with foreign governments and affiliated entities.
  2. Special transactional considerations, especially for companies with US government relationships and responsibilities.
  3. The Foreign Corrupt Practices Act.
  4. The Foreign Sovereign Immunities Act and its exceptions, including the new Justice Against Sponsors of Terrorism Act (JASTA).
  5. Cyber security and data privacy considerations when dealing with foreign governments.
  6. Arbitration issues and bilateral investment treaties.
  7. US legislative considerations under the new administration.

Benefits

The panel will review these and other key issues:

  • What are the initial concerns that must be addressed when contracting with governmental entity?
  • What are the primary sources of liability under FCPA?
  • How has JASTA affected claims which may be brought against US companies under ATA?
  • How does the Foreign Sovereign Immunities Act affect the remedies available to US companies?
  • What arbitration and dispute resolution conventions are in place for international transactions, and how can they be leveraged to best protect your company’s interests?

Faculty

Alex C. Lakatos, Partner
Mayer Brown, Washington, D.C.

Mr. Lakatos practices in complex international litigation, particularly on behalf of non-US financial institutions. He also counsels financial institutions on banking and securities regulatory, enforcement, legislative, and strategic issues. He is experienced in contesting issues of particular concern to non-US financial institutions, such as financial privacy, data protection, multi-jurisdictional discovery, choice‑of-law conflicts, sanctions compliance and asset forfeiture.

Matthew J. Alexander, Partner
Mayer Brown, Washington, D.C.

Mr. Alexander focuses his practice on the counseling and defense of corporations and individuals in a variety of enforcement matters, including the FCPA, federal securities and anti-money laundering (AML) laws and regulations, the FCA, insider trading laws, as well as advising clients with respect to embargoes administered by the US Department of Treasury, OFAC. He has extensive experience in designing, managing, executing, and presenting global investigations before numerous enforcement authorities. He counsels clients with respect to anti-corruption, international trade, and AML compliance policies, procedures, and training. 

Marcus A. Christian, Partner
Mayer Brown, Washington, D.C.

Mr. Christian represents clients in matters involving data security planning, board governance of cybersecurity, cyber fraud, data breach response, and congressional investigations, among others. Previously, he was the executive assistant United States attorney at the US Attorney’s Office for the Southern District of Florida, and worked on the senior management team with responsibility for the Criminal, Civil, Appellate, Asset Forfeiture and Administrative Divisions.

Marcia G. Madsen, Partner
Mayer Brown, Washington, D.C.

Ms. Madsen focuses her practice on Government Contracts and Litigation, advising clients on contract formation, teaming and strategic alliances, contract and subcontract negotiations, performance disputes, audits, terminations, cost accounting and allowability, technical data rights and trade secrets, and fraud/false claims investigations. She litigates bid protests, claims and disputes before the GAO, the Boards of Contract Appeals, the US Court of Federal Claims, and various other federal and state courts. Her areas of concentration include aerospace and defense contracts, systems integration, information systems and telecommunications contracts, health care and bio-technology, homeland security contracts, environmental remediation, and research and development contracts.

Matthew H. Marmolejo, Partner
Mayer Brown, Los Angeles

Mr. Marmolejo’s practice centers on representing clients in complex commercial litigation matters with a focus on Latin America. He represents both American clients with business disputes in Latin America and Latin American clients involved in US litigation in state and federal courts and in international arbitration proceedings. He also represents both multinational and domestic companies in state and federal courts, including defending several multi-million dollar consumer class action matters, complex real estate disputes, and litigation related to the interpretation or constitutionality of state statutes and related regulations.

Toby Moffett, Consultant, Senior Advisor
Mayer Brown, Washington, D.C.

Mr. Moffett is a senior advisor in the Firm's Washington DC office and co-leads the Firm’s interaction with governments, both in the US and globally. He is also playing a leading role in expanding the Firm's business in Africa. Previously, he served four terms in the US House of Representatives representing Connecticut’s Sixth Congressional District. He also previously represented the Government of Morocco for more than a decade and has represented the governments of Kenya, Malawi, the Republic of the Congo, the Governor of the Central Bank of Somalia, and the President of the Somali state of Puntland.


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Corporate Law Advisory Board

Stuart M. Altman

Director, Corporate Legal Investigations

Intel

Mark H. Hain

General Counsel

Assurance America

Michael Hermsen

Partner

Mayer Brown

Matthew A. Karlyn

Partner

Foley & Lardner

Michael J. Missal

Partner

K&L Gates

G. Thomas Stromberg

Partner

Jenner & Block

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