Coverage

GIR Live: German lawyers decry ENRC judgment

16 November 2017

German lawyers have voiced their frustration over the UK’s recent ENRC privilege ruling, with one describing it as a “bad case based on bad facts”.

German prosecutor: lawyers should “establish a level of trust” with authorities

20 November 2017

A German prosecutor has said the “most important thing” for lawyers to do when his office opens a criminal corruption investigation is for a company to start building a relationship with investigators.

Chairs

Prof. Dr. Dirk Uwer

Hengeler Mueller

Dirk has a broad public law practice with a particular focus on regulated industries. He acts for investors, companies and entities from various sectors in all public law and regulatory matters relating to transactions and restructurings. He is an experienced litigator representing his clients in administrative proceedings and legal disputes in all instances before specialized courts. Dirk's practice covers fundamental legal questions and landmark proceedings under European Law, Constitutional Law and Administrative Law. 

Prof. Dr. Heiko Ahlbrecht

Wessing & Partner

In addition to individual defense, Heiko Ahlbrecht's legal activity is to defend and advise companies on corruption and tax prosecution, also in international cases. In addition, the coordination of Internal Investigations, the criminal prosecution of civil disputes, as well as the assessment of possible criminal-law risks in the context of business transactions (criminal due diligence) belong to its advisory areas. Heiko Ahlbrecht is among the few German experts in the area of ​​extradition law and other legal aid.

Keynote

Bryan Sillaman

Hughes Hubbard & Reed

Bryan J. Sillaman is a member of the firm's Anti-Corruption & Internal Investigations practice group, and is currently working out of the firm's Paris office. During his time at Hughes Hubbard & Reed, Bryan has developed particular experience counseling clients across a range of anti-corruption issues, including the development of policies and procedures, due diligence relating to third-party agents and joint venture partners, and internal reviews following evidence or allegations of improper conduct. Bryan has also spent significant time counseling clients in the post-resolution phase of a corruption investigation, including with respect to independent monitorships. In connection with his anti-corruption work, Bryan has traveled extensively, including to Angola, Brazil, China, Indonesia, Malaysia, the Middle East, Nigeria, Russia, Thailand and Venezuela. In addition to his anti-corruption experience, Bryan has counseled clients in connection with securities or accounting fraud allegations.

Speakers

Christine Braamskamp

K&L Gates

Dr. Martina de Lind van Wijngaarden

Freshfields Bruckhaus Deringer

Prof. Dr. Roan Lamp

De Brauw Blackstone Westbroek

Edward Nkune

Forensic Risk Alliance

Michael Rackow

Legal and Compliance, Siemens

Olaf Schneider

Head of Corporate Legal & Insurance, Bilfinger

Dr. Thomas Schürrle

Debevoise & Plimpton

Dr. Christopher Wenzl

Prosecuting Attorney, General Prosecutor's Office Frankfurt am Main

Programme

14.00: Welcome coffee and registration

14.30: Chairs' welcome

Prof. Dr. Dirk Uwer, Hengeler Mueller
Prof. Dr. Heiko Ahlbrecht, Wessing & Partner

14.35: Keynote speaker

Bryan Sillaman, Hughes Hubbard & Reed 

15.05: Session one: "Between a rock and a hard place": the dilemma of diametrically opposed laws and cross border investigations

More and more companies in Europe are finding themselves on the horns of a dilemma. They're under investigation in the US, where the Yates memo and other programmes target individuals and expect full cooperation. And yet they are headquartered in Europe, where the rules on privacy etc. are very different, and the individual's rights of defence matter more. It's particularly acute for German businesses. What's the answer? Is it possible to cooperate with the US and not hit trouble at home? How? In this panel, leading names will discuss ways they've seen enforcers and defendants approach a seemingly intractable problem.

Moderator:
Prof. Dr. Dirk Uwer, Hengeler Mueller 

Panel:
Prof. Dr. Roan Lamp, De Brauw Blackstone Westbroek
Michael Rackow, Legal and Compliance, Siemens 
Dr. Thomas Schürrle, Debevoise & Plimpton
Dr. Martina de Lind van Wijngaarden, Freshfields Bruckhaus Deringer 

16.20: Coffee break

16.50: Session two: Grey areas and judgement calls: how to structure and strategise a cross border investigation

Cross border investigations throw up an array of challenges. In a landscape all too often defined by grey areas and an absence of legal precedents, where any number of unfamiliar agencies may appear on the other side, how do you formulate strategy? Is the answer simply to cooperate, cooperate, cooperate, or is there a place for fighting your corner, and forcing them to prove the case? What are the legal standards, and can you make use of best procedural safeguards in terms of "forum-shopping"? And where does that leave employees, suspects and witnesses? To what extent does the company need to think about its staff? In this panel, leading names will share how they strategise in this most uncertain of practice areas.

Our distinguished panel will hold a roundtable style debate on the topic and tackle questions including: 

  • Outset: how to structure an internal investigation properly.  Search and seizure, arrest, evidence and conduct of (internal) investigations. 
  • Mid-case - strategy, strategy, strategy and the prospect of a global settlement.
  • End-game - resolution. Fines, DPAs/NPAs and the possibility of a monitor

Moderator:
Prof. Dr. Heiko Ahlbrecht, Wessing & Partner

Panel:
Christine Braamskamp, K&L Gates 
Edward Nkune, Forensic Risk Alliance 
Olaf Schneider, Bilfinger SE
Dr. Christopher Wenzl, Prosecutor's Office Frankfurt am Main

18.05: Chairs' closing remarks

Prof. Dr. Dirk Uwer, Hengeler Mueller
Prof. Dr. Heiko Ahlbrecht, Wessing & Partner

18.10 onwards: All delegates are invited to a drinks reception kindly hosted by Hengeler Mueller

Venue

Bockenheimer Landstraße 24, 60323 Frankfurt am Main, Germany

Testimonials

  • “Excellent networking opportunities provided by the conference.”

    Charlie Goldschmid

    Marc Jacobs International

  • “Great chairs with in depth experience”

    Wanying Bin

    Mayer Brown LLP

Ticket Prices

Private Practitioner
Type Price Until
Super Early €600 6 October 2017
Early €700 27 October 2017
Standard €800 14 November 2017

 

In-house/governmental
Complimentary In-house/governmental registration available