FCPA Internal Investigations: Preserving the Evidence, Assessing Voluntary Disclosure, and Other Key Elements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare counsel for companies with business in foreign countries to evaluate whether and how to conduct an internal investigation into potential Foreign Corrupt Practices Act (FCPA) violations. The panel will review the principal elements and challenges involved and outline best practices for conducting the investigation.
- To investigate or not to investigate
- Determining validity of suspected/alleged FCPA violation
- Determining whether an investigation is needed
- Scope of investigation
- Key elements and challenges
- Critical aspects of an efficient investigation
- Considerations when doing investigations abroad
- How far should the factual inquiry go
- Ethical dilemmas and conflicts of interest
- Handling potential interests and issues in multiple jurisdictions
- Conducting the investigation
- What the investigation should look like
- Impact of specific industries
- Identifying and interviewing employees/witnesses
- Privilege issues
- Collecting and reviewing documents
- Whether and when to disclose an investigation
The panel will review these and other key issues:
- What are the key considerations for counsel conducting internal investigations abroad?
- What can counsel do to protect privileges and confidential information?
- What are the best practices to minimize violations of privacy law and blocking statutes?
- What steps can companies take to control costs while ensuring sufficient information has been gathered for a proper internal investigation?
John E. Davis
Member and FCPA/International Anti-Corruption Practice Lead
Miller & Chevalier
Mr. Davis focuses his practice on international regulatory compliance and enforcement issues. He advises on corruption... | Read More
Mr. Davis focuses his practice on international regulatory compliance and enforcement issues. He advises on corruption issues around the world, including compliance with the FCPA and related laws and international treaties, and FCPA-related internal investigations and disclosures to the SEC and DOJ. Mr. Davis works with clients to develop and implement compliance programs, conduct due diligence and audit compliance processes.Close
Kimberly A. Parker
Wilmer Cutler Pickering Hale and Dorr
Ms. Parker focuses on white-collar criminal matters, internal corporate investigations, and compliance counseling. She... | Read More
Ms. Parker focuses on white-collar criminal matters, internal corporate investigations, and compliance counseling. She represents clients in a range of criminal and enforcement matters and provides compliance and governance advice. She has conducted internal investigations in the U.S., Asia, Africa, Europe, and Latin America. She has represented companies and individuals in a variety of FCPA enforcement matters. She also regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and assists clients in developing and implementing FCPA compliance programs and conducting FCPA training.Close