Coverage

SFO official: Some of the reporting on ENRC “melodramatic”

22 March 2018

The SFO case controller who led the authority’s challenge to claims of privilege in ENRC has denied claims that the case undermines litigation privilege, in a keynote speech in which he also praised the authority’s outgoing director, David Green.

GIR Live DC - in pictures

23 March 2018

Photos from GIR Live Washington, DC, held at Covington & Burling on 22 March.

Flexibility in interview strategy is the way forward, SFO official says

23 March 2018

A senior official at the SFO has said the authority is not averse to companies conducting interviews with individuals, but that it wants them recorded.

Chairs

Laurence Urgenson

Mayer Brown

Laurence Urgenson is a co-leader of the firm's Global Anti-Corruption & FCPA practice. Larry is widely recognized as one of the preeminent FCPA authorities in the United States. He has represented corporate and individual clients in FCPA and anti-corruption matters worldwide for nearly four decades.

Kathryn Cameron Atkinson

Miller & Chevalier

Kathryn Cameron Atkinson is the Chair of the International Department and a member of the firm’s Executive Committee. Her practice focuses on international corporate compliance, including, in particular, the Foreign Corrupt Practices Act (FCPA), as well as export controls and economic sanctions, and anti-money laundering laws.

Keynote Speaker

John Gibson

Serious Fraud Office

John Gibson is a London based barrister who leads a number of high-profile bribery and corruption investigations and prosecutions for the SFO. He is instrumental in setting the SFO’s strategy and approach to legal privilege issues.

Speakers

Brigham Cannon

Kirkland & Ellis

David Hilton

KPMG

Gerald Hodgkins

Covington & Burling

Ronald Machen

WilmerHale

Gareth Rees QC

King & Spalding

Jonathan Rusch

Head of Anti-Bribery & Corruption Governance, Wells Fargo

Laura Terrell

DLA Piper

Programme

Thursday, 22 March

8.30: Welcome coffee and registration

9.30: Chairs' opening remarks

Laurence Urgenson, Mayer Brown
Kathryn Cameron Atkinson, Miller & Chevalier

9.40: Keynote speech

John Gibson, Serious Fraud Office

10.20: Session one: Fundamental differences: How US and UK approaches to global investigations and resolutions diverge

The US Justice Department and the UK Serious Fraud Office are following significantly different approaches to deferred prosecution agreements, internal investigations, and privilege. In the UK, the more active supervisory role of the courts, coupled with fewer statutes of limitations, contribute to complexity for white-collar lawyers and potentially more legal exposure for the client. Recent important court rulings on both sides of the Atlantic -- restricting privilege in internal corporate investigations in the UK and the use of overseas compelled testimony in the US courts -- have changed the landscape.

Please join our panel of experts as they discuss the following topics:

  • Can corporations conduct effective internal investigations under SFO rules prohibiting interviews of company personnel?
  • Will the Second Circuit’s July decision in US v Allen force the DOJ to back off prosecuting most foreign executives in US courts? Or can this "clash of legal systems" be avoided with closer cooperation?
  • What impact will the new UK offense of failure to prevent tax evasion have on enforcement?
  • How do differing US and UK policies regarding attorney client privilege impact multinational investigations?
  • Is the SFO protocol for handling DPAs fairer or more effective than the US system that returns billions to the US Treasury?
  • What are the consequences of UK DPAs that do not protect companies from debarment?

Moderator:
Kathryn Cameron Atkinson, Miller & Chevalier

Panel:
John Gibson, Serious Fraud Office
David Hilton, KPMG
Gareth Rees QC, King & Spalding
Laura Terrell, DLA Piper

11.30: Coffee break

12.00: Session two: Developments and emerging trends in multinational enforcement

Although not without its challenges, two decades of work at the OECD aimed at building personal relationships among prosecutors in international jurisdictions are paying off in a new era of global enforcement cooperation. Despite much speculation about how recent and perhaps future changes in political leadership in various countries might affect enforcement, enforcement officials have pressed on, and worked together, to develop and pursue some of the most complex multi-jurisdictional cases in history, in some cases employing creative and aggressive theories of liability. Can anyone predict what the future holds?

Our distinguished panel of experts will rise to the challenge, leading an audience-driven discussion of topics including:

  • What do the FIFA, Vimpelcom, Petrobras, Rolls-Royce and other big cases teach us about the risks of prosecution?
  • How does politics affect enforcement policy and practice and what changes may be coming soon?
  • How does the Justice Department’s increasing use of the US conspiracy, aiding and abetting, obstruction and AML statutes affect enforcement risks?
  • What’s behind the Securities and Exchange Commission’s expansive interpretations of liability, jurisdiction, and definition of a government official in recent FCPA resolutions?
  • What compliance policies and practices are needed to meet the emerging global standard for an effective program?

Moderator:
Laurence Urgenson, Mayer Brown

Panel:
Brigham Cannon, Kirkland & Ellis
Gerald Hodgkins, Covington & Burling
Ronald Machen, WilmerHale
Jonathan Rusch, Head of Anti-Bribery & Corruption Governance, Wells Fargo

13.10: Chairs' closing remarks

Laurence Urgenson, Mayer Brown
Kathryn Cameron Atkinson, Miller & Chevalier

13.20: Networking lunch

14.20: Close of conference

18.00 - 19.30: Cocktail reception - Sponsored by KPMG at the Guarisco Gallery (adjacent to the Four Seasons Hotel), 2828 Pennsylvania Ave NW, Washington, DC, 20007. 

Guarisco Gallery is one of the largest 19th century galleries in the world, holding an extensive inventory of 19th & early 20th century European and American paintings.

Venue

Covington & Burling, One CityCenter, 850 Tenth Street, NW, Washington, DC, 20001-4956, USA

Ticket Prices

Private Practitioner
Type Price Until
Super Early $700 9 Feb 2018
Early $800 9 Mar 2018
Standard $900 22 Mar 2018

 

In-house/Governmental
Type Price
Standard Complimentary