Investigations Under the FCPA and Other Anti-Corruption Laws: Navigating Multi-Jurisdictional Complexities

Understanding Scope of Risk, Evaluating Cooperation With the Government, and Maintaining an Effective Defense

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, July 10, 2012

Recorded event now available

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Program Materials

This CLE webinar will prepare counsel for companies doing business internationally to understand and address the obstacles involved when responding to multi-jurisdiction investigations, including evaluating whether and when to cooperate with the government and mounting an effective defense if wrongdoing is alleged.

Description

The cost, time and effort of an investigation under the Foreign Corrupt Practices Act or other anti-corruption laws are extraordinary. Due to increased cooperation among international regulators, counsel should implement a worldwide compliance program and prepare for the complexities of investigations.

The considerable challenges of multi-jurisdiction investigations include evidence gathering, data privacy, double jeopardy, and an absence of an agreed upon definition of corruption.

Counsel must understand the scope of the risk and anticipate the obstacles inherent in a multi-jurisdiction investigation. Counsel must also determine when to cooperate with investigating agencies and balance that cooperation against maintaining an effective defense.

Listen as our authoritative panel examines the challenges of multi-jurisdiction corporate corruption investigations, including timing, standards of proof, privacy laws, and concepts of attorney privilege and plea bargaining that differ from U.S. law. The panel will offer best practices for navigating the complexities of multi-jurisdiction investigations and overcoming the challenges.

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Outline

  1. Obstacles faced when involved in multi-jurisdiction investigations
    1. Definition of corruption
    2. Data privacy
    3. Negotiations with authorities
    4. Evidence gathering
    5. Double jeopardy
    6. Standards of proof
    7. Timing
    8. Attorney-client privilege
  2. Best practices to overcome those challenges

Benefits

The panel will review these and other key questions:

  • If a company produces documents in one government's investigation, does it create any obligation to produce them in other investigations?
  • How should a company cooperate when multiple agencies and governments are involved?
  • What steps can be taken to meet requests for information from U.S. investigators without violating data privacy requirements in the EU?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

James G. Tillen
James G. Tillen

Member
Miller & Chevalier

Mr. Tillen has significant experience with every facet of an FCPA enforcement matter, including developing work...  |  Read More

Timothy L. Dickinson
Timothy L. Dickinson

Partner
Paul Hastings

He has over 30 years experience in the field of anti-corruption law. His practice includes FCPA and U.S. export...  |  Read More

Aurelien Hamelle
Aurelien Hamelle

Partner
Metzner Associes

His practice focuses on business and financial criminal law, international criminal law, and...  |  Read More

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