FCPA Compliance in Latin America 2017: Implementing Compliance Programs and Mitigating Legal Risks
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel for U.S. companies doing business in Latin America on implementing and strengthening Foreign Corrupt Practices Act (FCPA) compliance programs. The panel will review recent government enforcement focused on Latin American operations and the unique FCPA challenges when doing business in these countries.
Outline
- What is happening in enforcement/lessons learned from recent enforcement
- Risk factors of doing business in Latin America
- Latin American business culture/practices
- Broad definition of foreign official
- Exposure to third party you may not control
- Regional anti-bribery laws/local laws
- Reach of the FCPA
- Anti-corruption developments in Latin-American countries
- Brazil
- Peru, Mexico and Chile
- Best practices for mitigating risk (how to compete effectively while complying with the FCPA)
- Compliance program—anti-bribery and accounting provisions
- Strengthening an existing compliance program in response to heightened scrutiny
- Education/training adapted to local conditions
- Due diligence—all third parties
- Steps if misconduct is suspected
Benefits
The panel will review these and other key issues:
- What risk factors make companies conducting business in Latin America more vulnerable to possible FCPA violations?
- What types of conduct have triggered SEC and DOJ investigations into potential FCPA violations?
- What are the key lessons from recent SEC and DOJ enforcement efforts aimed at companies doing business in Latin American countries?
- What are the best practices to develop and implement effective anti-corruption compliance programs and due diligence efforts?
Faculty
Matteson Ellis
Member
Miller & Chevalier
Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a... | Read More
Mr. Ellis has extensive experience in all areas of international anti-corruption compliance and enforcement. With a focus on the Americas, he advises companies and individuals on all areas of FCPA enforcement and compliance. He has performed complex, independent, and on-site internal investigations in over 20 countries throughout the Americas, Asia, Europe, and Africa.
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Matthew J. Feeley
Shareholder
Buchanan Ingersoll & Rooney
Mr. Feeley focuses his practice on international commercial litigation with particular emphasis in FCPA and complex... | Read More
Mr. Feeley focuses his practice on international commercial litigation with particular emphasis in FCPA and complex civil matters. He advises on conducting internal investigations, designing and implementing compliance programs, and asserting, responding to and defending against federal, state and international civil and criminal proceedings, investigations, prosecutions and trials.
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Jay Holtmeier
Partner
Wilmer Cutler Pickering Hale and Dorr
Mr. Holtmeier co-leads the firm's FCPA and Anti-Corruption Group and is a member of the Dodd-Frank Whistleblower... | Read More
Mr. Holtmeier co-leads the firm's FCPA and Anti-Corruption Group and is a member of the Dodd-Frank Whistleblower Working Group. He represents institutions and individuals in complex government and internal investigations and matters of corporate governance and compliance with particular expertise in matters involving the FCPA. He regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and he has assisted clients in numerous industries in developing and implementing FCPA compliance programs. He devotes substantial attention to advising clients on FCPA problems that arise in the context of mergers and acquisitions, joint ventures and other corporate transactions.
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