New SEC Guidance on Cooperation in Investigations and Enforcement Actions
Corporate Strategies to Prepare for and Respond to More Aggressive Agency Enforcement
SEC Enforcement Director - New individual cooperation measures a "potential game-changer for the Division of Enforcement"
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare public companies, their officers, directors and employees to respond to more aggressive SEC enforcement. The panel will analyze new SEC guidance on individual cooperation in investigations and discuss the resulting legal concerns for corporations.
Outline
- Criteria for evaluating individual cooperation
- Assistance provided by individual
- Importance of underlying matter
- Interest in holding individual accountable
- Profile of individual
- New cooperation tools
- Cooperation agreements
- Deferred prosecution agreements
- Non-prosecution agreements
- Expedited immunity requests
- Proffer agreements
- Corporate response strategies
- Before an investigation
- During an investigation
- Lingering questions for corporations
Benefits
The panel will review these and other key questions:
- What is the significance of the new SEC guidance for companies currently under SEC investigation or potentially facing investigation in the future?
- What factors will the SEC consider in deciding whether an individual is sufficiently cooperating in an investigation?
- What immediate actions should a company take when it learns that the SEC is investigating its activities?
- How will attorney-client privilege and work-product protection concerns factor into the cooperation process?
Faculty
John J. Carney
Partner
Baker & Hostetler
Mr. Carney serves as BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team... | Read More
Mr. Carney serves as BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team co-leader. He is a former Securities Fraud chief, assistant United States attorney, U.S. Securities and Exchange Commission (SEC) senior counsel and certified public accountant at a "Big Four" accounting firm. Mr. Carney is a seasoned advocate who represents public and private corporations and financial institutions in complex civil, regulatory and criminal law enforcement investigations and litigation, and advises and defends corporations and senior officers on FCPA compliance, investigation and defense. His experience conducting investigations of possible FCPA violations and other potentially improper foreign country-based financial transactions has included working on major matters in the BRIC countries – Brazil, Russia, India and China. Having litigated for, and against, the U.S. government, Mr. Carney strongly encourages clients to take preemptive governance and remediation measures to mitigate legal and reputational risk in today's increasingly aggressive law enforcement environment.
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James R. Doty
Partner
Baker Botts
He represents clients before the Securities and Exchange Commission in a full range of regulatory, enforcement and... | Read More
He represents clients before the Securities and Exchange Commission in a full range of regulatory, enforcement and compliance matters. His clients include publicly traded corporations, as well as investment banking and securities firms both in the United States and in other countries. From May 1990 through 1992, he served as the general counsel of the SEC.
CloseLinda Chatman Thomsen
Partner
Davis Polk & Wardwell
She concentrates in matters related to the enforcement of the federal securities laws. She joined the SEC staff in 1995... | Read More
She concentrates in matters related to the enforcement of the federal securities laws. She joined the SEC staff in 1995 as Assistant Chief Litigation Counsel. In 1997, she was named Assistant Director of the Enforcement Division. She became an Associate Director in 2000, Deputy Director in 2002 and Director of the Enforcement Division in 2005, a position she held until 2009.
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