Coverage

GIR Live Frankfurt: In-house counsel stuck between a rock and a hard place

07 November 2018

Panellists said that the Jones Day ruling can result in in-house counsel being treated as an extension of the long hand of the law, and can cause lower quality internal investigations.

Chairs

Heiko Ahlbrecht

Wessing & Partner

In addition to individual defence, Heiko Ahlbrecht’s legal work is the defence and advice of companies in corruption and criminal proceedings for companies, including international cases. His practice also covers the coordination of internal investigations, the prosecution in civil law disputes as well as the evaluation of possible criminal law risks related to the acquisition of companies (criminal due diligence) in all his practise areas. Heiko Ahlbrecht is among the few German experts in the area of extradition law and mutual legal assistance matters.

Wolf Bussian

Allen & Overy

Wolf focuses on litigation and investigations in the finance sector. He represents banks, asset managers, insurers, funds, accounting firms and other companies as well as governments and public institutions in disputes both in and out of court. He deals with disputes about complex finance products and tax driven transactions (for example cum/ex and cum/cum trades) on a regular basis. Wolf also frequently advises on capital market disputes and capital market-related professional indemnity claims as well as disputes in the field of payment services. He as special expertise with disputes resulting from bank crises (restructuring, resolution and insolvency) and equity substitution. He regularly deals with international civil procedural law issues (e.g. service, taking evidence and enforcement abroad), in particular in relation to the UK and the United States.

Keynote Speaker

Matthias Jahn

Chair of Criminal Law, Goethe University Frankfurt

Speakers

Benjamin Borsodi

Schellenberg Wittmer

Dirk Hense

Head of Compliance Northern Europe, Corporate & Investment Banking, Barclays

Scott Hulsey

Kobre & Kim

Klaus Lackhoff

Head of Banking Law Section, European Central Bank

Gary Lambert

NERA Economic Consulting

Martin Mozek

Head of Compliance, Samsung

Robert Müller

Director & Associate General Counsel, Deutsche Bank

Thomas Schürrle

Debevoise & Plimpton

Jan Erik Windthorst

Allen & Overy

Programme

12.50: Registration and networking lunch

14.00: Chairs’ opening remarks

Heiko Ahlbrecht, Wessing & Partner
Wolf Bussian, Allen & Overy  

14.10: Keynote speaker

Matthias Jahn, Chair of Criminal Law, Goethe University Frankfurt

14.40: Session one: Dawn raids in law firms: Privilege in internal investigations in Germany

Despite the recent VW decision, there is still much uncertainty around dawn raids in law firms in Germany and the legal protection afforded to individuals and documents in such a situation.

The Constitutional Court’s VW ruling took place against a backdrop of different interpretations from other courts. What therefore are its real implications when it comes to German investigations? What is and what isn’t protected, what has changed and what remains the same? In this panel, leading names from a variety of relevant backgrounds will discuss their experiences with dawn raids in law firms and how the VW decision will likely impact national investigations going forward.

Moderator:
Heiko Ahlbrecht, Wessing & Partner

Panellists:
Dirk Hense, Head of Compliance Northern Europe, Corporate & Investment BankingBarclays
Martin Mozek, Head of Compliance, Samsung
Thomas Schürrle, Debevoise & Plimpton

15.45: Coffee break

16.15: Session two: Added complexity: Implications for cross-border investigations that include Germany

Cross-border investigations often add a layer of complexity beyond the issues seen in domestic work. How can different international pieces be kept in some sort of alignment and what steps need to be taken to ensure there are no unwanted surprises, such as when evidence from one jurisdiction is transferred against a company’s wishes to another? Our distinguished second panel will discuss the implications of the VW decision on multi-jurisdictional investigations.

Moderator:
Jan Erik Windthorst, Allen & Overy

Panellists:
Benjamin Borsodi, Schellenberg Wittmer
Scott Hulsey, Kobre & Kim
Robert Müller, Director & Associate General Counsel, Deutsche Bank
Klaus Lackhoff, Head of Banking Law Section,  European Central Bank
Gary Lambert, NERA Economic Consulting

17.20: Chairs’ closing remarks 

Heiko Ahlbrecht, Wessing & Partner
Wolf Bussian, Allen & Overy

17.25 onwards: All delegates are invited to attend a drinks reception kindly hosted by Allen & Overy

Venue

Bockenheimer Landstraße 2 Frankfurt am Main, 60306, Germany

Ticket Prices

Private Practitioner
Type Price Until
Super Early €600 28 September 2018
Early €700 26 October 2018
Standard €800 6 November 2018

 

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