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Course/Product Description
Title:

FCPA Voluntary Disclosure: Determining Whether and When to Self-Report

SKU:WC-1014508
Date / Time: Recorded
Format: Webinar
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Description:

This webinar will examine the approaches taken by the DOJ and SEC to voluntary disclosures of potential FCPA violations, the factors that companies and their counsel must consider when determining whether to voluntarily disclose a potential FCPA violation, and strategies that companies can take in this context to reduce or minimize penalties.

Description

Determining whether and when to make a voluntary disclosure of a potential FCPA violation to the U.S. Department of Justice (DOJ) and/or the Securities and Exchange Commission (SEC) is one of the most challenging decisions for companies and their counsel. They must carefully weigh the risks and benefits of such disclosure.

Cooperating with government investigations and voluntarily disclosing potentially illegal conduct can mitigate penalties. However, there is no certainty that the government would have discovered the potential violation absent a disclosure. The voluntary disclosure decision is often complicated because it must be made without a complete picture of the facts.

Companies and counsel must also consider that failure to voluntarily disclose potential FCPA violations may prompt shareholder litigation. Several multinational companies have been hit with shareholder derivative suits alleging breach of fiduciary duty by failing to make a voluntary disclosure.

Listen as our authoritative panel examines the approaches taken by the DOJ and SEC to voluntary disclosures of potential FCPA violations, the factors that companies and their counsel must consider when determining whether to voluntarily disclose a potential FCPA violation, and strategies that companies can take in this context to reduce or minimize penalties.

Outline

  • Understanding government guidelines for when to disclose
    • DOJ Guidance
    • SEC Guidance
    • Historical Record on Voluntary Disclosures

  • Factors relevant to whether to self-disclose
    • Nature and scope of violation
    • Prior Offenses
    • Likelihood of an involuntary disclosure
    • Risk of civil litigation
    • Statute of limitation issues

  • Voluntary disclosure pros and cons
    • Compare governmental agency approaches
    • Potential benefits of disclosure
    • Monetary penalties
    • Cost of a government investigation
    • Privilege waiver issues
    • What to do if not disclosing
Benefits

The panel will review these and other key issues:
  • Factors a company should consider in deciding whether to voluntarily disclose a potential FCPA violation

  • Company actions the SEC and DOJ consider to be sufficient cooperation to warrant mitigation of penalties

  • Best practices to minimize FCPA violations and penalties
The Presenters

Edward J. Fishman, Partner
K&L Gates, Washington, D.C.

Mr. Fishman advises clients with respect to government and internal corporate investigations, corporate transactions, and related regulatory matters. He focuses on FCPA compliance and auditor independence requirements. Mr. Fishman has extensive experience representing companies in connection with FCPA compliance, due diligence, training and other risk management procedures. He also regularly advises clients on matters before the DOJ and the SEC.

Kimberly A. Parker, Partner
WilmerHale, Washington, D.C.

Ms. Parker’s practice focuses on white-collar criminal matters, internal corporate investigations, and congressional investigations. She has significant experience in matters involving the Foreign Corrupt Practices Act. She conducts internal investigations in the U.S., Asia, Africa, Europe, and Latin America and represents companies and individuals in FCPA enforcement matters. She assists clients in developing and implementing FCPA compliance programs and conducting FCPA training.
James G. Tillen, Member
Miller & Chevalier, Washington, D.C.

Mr. Tillen has significant experience with every facet of an FCPA enforcement matter, including developing work plans for internal investigations, conducting internal investigations, developing remediation strategies, drafting voluntary disclosures, negotiating resolutions, developing strategies for collateral issues, selecting independent monitors, and interfacing with monitors.

CPE Credits Available!

This program has been approved for 1.5 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.

To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person. Strafford then will mail a certificate of credit within approximately two weeks of receiving your completed Official Record of Attendance.

Cannot Attend The Live Presentation?

This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.

About Webcasts / Audio Conferences / Podcasts:

Webcasts, audio conferences, and podcasts are presentations that you attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.

The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.

About The Provider: Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417 or by visiting their website.

Strafford webinars and teleconferences offer an excellent opportunity to train your entire staff—with no lost travel time or expenses. They are extremely cost-effective—allowing an unlimited number of people at your location to listen from a single line at no additional charge.

Each live seminar features presentations by a panel of nationally recognized authorities, followed by an interactive Q&A session. Presentation materials can be viewed online or printed out. Audio can be accessed via the web or a telephone.
More Info: Contact Us For More Information
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