21-22 April 2021, Four Seasons Hotel Ritz Lisbon, Rua Rodrigo da Fonseca, Lisbon, Portugal

E-mail Tel: +44 20 3780 4183

Programme

Tuesday, 20 April 2021

PRE-CONFERENCE EVENING RECEPTION

17:30-19:00   Opening reception and registration

 
Wednesday, 21 April 2021

08:00-09:00   Registration and networking

09:00-09:15   Welcome address

NAVIGATING THE COMPLEXITIES OF INVESTIGATIONS IN TODAY’S GLOBAL ENFORCEMENT ARENA 

09:15-10:15   The Enforcers Roundtable

Historically, the US has led the way for regulatory and criminal investigations globally but in recent years we have seen an astronomical increase in the number and profile of these investigations. The record-breaking Airbus settlement and the PNFs leading role show that other jurisdictions are not just cooperating with the US but are now taking centre stage in the international fight against corruption. This roundtable will bring together those shaping the enforcement landscape and provide a clear understanding of where enforcers efforts are being focused and what the future will look like in the era of multi-agency, multi-jurisdictional enforcement.

  • Understanding the type of conduct enforcement agencies are looking for and how they will approach investigations
  • Assessing how policy shifts are impacting agency focus
  • How will inter-agency cooperation develop in the future? Will agreements outlining the terms of the cooperation, like that between the DOJ and PNF, become standard practice?

Panellists:

  • Felipe Dantas, General Counsel, Brazilian Office of the Comptroller General (CGU)

10:15-10:50   Networking break

10:50-11:50   Cross-border investigations:  strategies to stay ahead in an ever-evolving environment

Investigations by law enforcement and regulatory bodies have increased dramatically in number, severity and complexity over the last decade. The nature of today’s globalised economy means it is now common to see large scale cross-border investigations involving multiple agencies and often conflicting legal regimes. While this has led to significant improvements in cross-border cooperation and resulted in an increased number of global settlements, it makes managing these investigations to a successful conclusion even trickier.  What strategies can practitioners employ to overcome the multitude of challenges arising?

  • Assessing the extraterritorial nature of investigations and its impact on practice and examination
  • How to best understand and manage differing regulatory regimes
  • Collaborating between multiple enforcement agencies and juggling multiple parties
  • Conflicting and unintended consequences of new local enforcement regimes
  • Effectively managing investigations to a successful conclusion

Moderator:
Stéphane Navacelle, Partner, Navacelle

Panellists:

  • Eike Bicker, Partner, Head of Compliance & Investigations, Gleiss Lutz
  • Jitka Logesová, Partner, Wolf Theiss
  • Richard Sallybanks, Partner, BCL Solicitors

11:50-12:50   Handling data: overcoming differing and often contradictory national and international legislation

Companies under investigation often find themselves in the unenviable position of trying to balance the need to provide prosecuting agencies with the information they request and staying on the right side of the myriad of data protection legislation across the world. Get it wrong and they can find themselves in further difficulty with the prosecuting agencies or staring down the barrel of a hefty data protection fine. What steps can practitioners and companies take to successfully resolve these conflicts in an effective and timely way? 

  • Conducting internal investigations and responding to criminal or regulatory investigations without falling foul of data laws and blocking statutes
  •  Managing the interplay between criminal, privacy, employment and whistleblower laws
  • The steps being taken to address accessibility across different jurisdictional boundaries
  • How corporate policies are adapting to enforce against communication formats such as WhatsApp and WeChat
  • Developments in whistleblower legislation and their impact on data disclosure

Panellists:

  • Claudio Bazzani, Partner, Homburger
  • Michael Becker, Managing Director, Consilio
  • Narea Palacio, EU Data Protection Officer, Senior Regional Counsel, Hitachi Vantara
  • John K. Warren, Vice President & Senior Counsel, Global Compliance, Privacy & Data Security, Marriott International

12:50-14:00   Lunch and networking break

14:00-14:45   Keynote address: supporting and encouraging whistleblowers in coming forward

Recent years have seen an increasing focus on whistleblowing and its positive impact on corporate culture. Effective whistleblowing procedures offer an ability to uncover wrongdoing or errors within an organisation early and an opportunity to rectify compliance shortcomings and prevent crisis. This special address will explore some of the efforts being made and assistance available to protect whistleblowers as they work to combat corruption and support investigations.

Speaker:
Anna Myers, Executive Director, Whistleblowing International Network (WIN)

14:45-15:45   New frontiers in the fight against corruption: jurisdictions and countries to keep an eye on

As we’ve seen in Latin America, with Brazil’s Lavo Jato investigation, one case can spawn renewed anti-corruption momentum across a whole continent. With countries across the world passing new anti-corruption legislation or enhancing existing laws, we can expect to see investigations conducted in places not usually associated with robust enforcement. Our panel will put the spotlight on the rising jurisdictions and explore what the future might hold in these emerging anti-corruption hotspots.

  • Assessing which countries and jurisdictions are emerging anti-corruption hotspots and why
  • How investigations are developing and what trends are starting to emerge
  • How equipped are the domestic agencies to handle cross-border investigations?
  • Tackling matters locally: conducting prompt and deep investigations before disclosure

Panellists:

  • Tapan Debnath, Senior Compliance & Corporate Investigations Counsel, Nokia Networks
  • Patrick Moulette, Head, Anti-Corruption Division, Directorate for Financial and Enterprise Affairs, OECD

15:45-16:15   Networking break

16:15-17:15   Winning tips for navigating the evolving sanctions landscape

Sanctions is one of the most challenging regulatory areas facing global corporations today. Until recently, it has largely been viewed as a US domain but in recent years the EU and US have been growing apart on sanctions policy. In March this year, the UK’s OFSI announced its first major fine and other countries have passed similar provisions. So how is the landscape evolving and what tips are out there for navigating the field?

  • Understanding and navigating key jurisdictional differences in sanctions guidance and legislation
  • Determining who are the big players in Europe, the US and Asia and what they might do next
  • Sanctions post-Brexit: who will the UK’s programme replicate?
  • Where will politics direct the extraterritorial nature of US sanctions?

Panellists:

  • Jansen Chow, Partner, Rajah & Tann
  • James Walker, Group Head of Ethics & Compliance, Data Protection Officer, Compass Group

17:15-18:30   Drinks and networking reception


Thursday, 21 April 2021


08:00-09:15   Registration and networking

09:15-09:30   Opening remarks

IMPROVING THE ART AND SCIENCE OF INVESTIGATIONS

09:30-10:30   Self-reporting to the authorities: negotiating and securing Deferred Prosecution Agreements (DPAs)

Since originating in the US, DPAs have also been introduced across multiple jurisdictions in Europe and Asia with more expected to follow suit. There are plenty of potential positives in pursuing a DPA but the process itself can be fraught with difficulties and competing considerations. While the SFO and DOJ have provided public information on their expectations for cooperation, many questions are left unanswered and companies must weigh-up the risks and benefits of self-reporting. Our expert panel will explore when to make the judgement call and how to manage the notoriously tricky process of securing a DPA. 

  • When and how should a company report potential criminal behaviour?
  • Best practice for managing the timing and the content of information provided to the authorities
  • Understanding different jurisdictional approaches and expectations for cooperation
  • Minimising publicity and remaining confidential: how close is too close while you are investigating?

Panellists:

  • Benjamin Gruenstein, Partner, Cravath, Swaine & Moore
  • Michelle de Kluyver, Partner, Addleshaw Goddard
  • Gabriel Sidere, Managing Partner & Head of Litigation, CMS

10:30-11:00   Networking break

11:00-12:00   Improving compliance and reducing risk through psychology and behavioural science

Despite organisations investing heavily in developing robust compliance programs, criminal conduct still happens. Regulatory enforcement is on the rise and the penalties for non-compliance are severe. This panel will explore the many benefits organisations are seeing from behavioural sciences and psychology to further support in the fight against corruption.

  • Using behavioural science to analyse the root causes of compliance failures
  • Determining the impact company culture has
  • How behavioural sciences are performing in the field
  • Considerations for cultural and jurisdictional differences

Moderator:
Rosemarie Paul, Partner, Ropes & Gray

Panellists:

  • Nicolas Bourtin, Managing Partner, Criminal Defence and Investigations Group & Co-Head, FCPA and Anti-Corruption Group, Sullivan & Cromwell
  • Alexandra Chesterfield, Head of Behavioural Risk, RBS
  • Klaus Moosmayer, Chief Ethics, Risk & Compliance Officer, Novartis

12:00-13:00   Lunch and networking

13:00-14:00   Embracing AI to increase efficiency and accuracy in investigations

AI has transformed theoretical machine learning into useful problem solving in all works of life. It is affecting daily tasks in both visible and invisible ways, disrupting every major industry along the way. So, what are the significant opportunities that AI can offer to improve efficiency and accuracy in investigations while reducing timescales, resources and potentially costs?

  • How AI and technology are already changing investigations
  • When can AI be used to improve detection and efficiency?
  • Demonstrating and documenting its use
  • Creating evidence of oversight and quality control processes

Panellists:

  • Matt Galvin, Global Vice President, Ethics & Compliance, Anheuser-Busch InBev
  • John Hanson, Managing Director, Forensic Investigation and Litigation Services, BDO
  • Karl Obayi, Group Lead, Forensic Technology & eDiscovery, Rio Tinto

14:00-14:45   A view from the defendant: when to send for help

When criminal behaviour within a company is met with the jaws of enforcers, it’s time to call in the cavalry. In a fireside chat format, this session will delve into when that decision is made, what general counsel and compliance officers look for in outside counsel and how they decide on who to hire.

Moderator:

Jonathan Pickworth, Partner and Head, White Collar Crime Team, White & Case 

14:45-15:15   Networking break

15:15-16:30   Breakout discussions: the future of investigations - what’s next in the eye of the storm?

While the complexity, severity and scale of investigations continue to grow, so too do the events that trigger them. As new statutory laws and corporate policies become more prominent, their focus climbs on the enforcers agenda. So, what does the future hold for corporate investigations, where will enforcers set their gaze next and how can corporates mitigate the potential legal and reputational risks on the horizon?

Through a series of informal, small-group interactive discussions participants will exchange ideas, best practice and experience. After 20 minutes, attendees will alternate between groups offering the opportunity to work through three of the following topic areas:

  • The enforcer’s spotlight: which soft laws are likely to become hard law in the near future?
  • Amazon versus Foxconn: disclosure or enforcement?
  • Are investigations prepared for the impending impact of CSR and ESG?
  • Data misuse and theft: how can you stay one step ahead of cyber threats?
  • Can you truly align compliance efforts with very aggressive commercial objectives?
  • Avoiding optimism bias: are you hiding bad behaviour behind strong commercial performance?
  • Do investigation capabilities match the needs and risks of the organisation?
  • Reducing turbulence: how can you mitigate reputational fall-out?
  • Covid-19: what impact has the pandemic had on investigations and compliance?

16:30   Closing remarks

Venue

Four Seasons Hotel Ritz Lisbon, Rua Rodrigo da Fonseca, 88 Lisbon 1099-039

Testimonials

  • "Great and very current topics. Lots of expertise in the room" Joanna Ludlam, Baker McKenzie

  • “Particularly high quality speakers, with different perspectives” – David Hamilton, Pinsent Masons

  • "Very interesting and relevant topics and chance to meet other delegates." - Kim Potts, Corker Binning

Private Practitioner
Type Price Until
Super Early €975 12 Mar 2021
Early €1275 9 Apr 2021
Standard €1575 22 Apr 2021

 

In-house/Governmental
Type Price
Standard

€0