FCPA Compliance in Latin America 2018: Implementing Compliance Programs and Mitigating Legal Risks
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to lawyers and compliance professionals for U.S. companies doing business in Latin America on implementing and strengthening 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
- Enforcement/lessons learned from recent government actions
- Risk factors for doing business in Latin America
- Latin American business culture/practices
- Broad definition of foreign official
- Exposure to third parties’ FCPA violations
- Regional anti-bribery laws/local laws
- Reach of the FCPA
- Anti-corruption developments in Latin American countries
- Mitigating FCPA risks
- 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 crucial issues:
- What are the risk factors for companies conducting business in Latin America that make them more vulnerable to FCPA violations?
- What conduct has triggered SEC and DOJ investigations into potential FCPA violations?
- What are the critical lessons from recent SEC and DOJ enforcement actions against companies doing business in Latin American countries?
- What are best practices for 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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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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Wilby Cáceres Pinedo
Senior Ethics Counsel
Newmont Mining Corporation
Mr. Cáceres Pinedo is a member of Newmont’s Corporate Ethics and Compliance Team with extensive experience... | Read More
Mr. Cáceres Pinedo is a member of Newmont’s Corporate Ethics and Compliance Team with extensive experience in the mining industry in South America. As part of his role, he manages those responsible for Newmont’s Ethics and Compliance Program in Ghana, Peru and Suriname and develops policies, provides training, and conducts investigations. He also manages Newmont’s internal investigation process. Newmont is one of the world’s leading gold producers, and an industry leader in safety and sustainability with operations in the United States, Australia, Ghana, Peru, and Suriname. Newmont is a founding member of the Partnering Against Corruption Initiative.
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