Coverage

GIR Live New York: Lack of transparency in China creates investigation challenges, lawyers say

24 September 2015

Chaired by F. Joseph Warin of Gibson Dunn & Crutcher, the panel also featured Angela Burgess of Davis Polk & Wardwell; Adam Siegel of Freshfields Bruckhaus Deringer; Indrani Franchini, vice president and chief compliance officer of Hess Corp.; and Shanghai-based Sun Hong of Norton Rose Fulbright.

GIR Live New York: Simultaneously confronting challenges in the US and abroad

23 September 2015

In the panel, speakers addressed questions surrounding privilege laws, press disclosures, and double jeopardy restrictions—just a few of the issues that can complicate international investigations.

GIR Live New York: Yates memo harmonizes approach to prosecutions, Caldwell says

22 September 2015

The Justice Department's Criminal Division chief discussed the Yates memo on prosecuting individuals in corporate investigations. She spoke at the Global Investigations Review conference in New York today.

Exclusive Transcript: Q&A with Leslie Caldwell at GIR Live New York

22 September 2015

Exclusive Transcript: Q&A with Leslie Caldwell at GIR Live New York

Assistant Attorney General Leslie Caldwell's prepared remarks at GIR Live New York

22 September 2015

The Justice Department's Criminal Division chief discussed the Yates memo on prosecuting individuals in corporate investigations. She spoke at the Global Investigations Review conference in New York today.

GIR Live New York: Investigations in China

27 November 2015

When it comes to running internal investigations, China is enigmatic to say the least. At GIR Live New York in September, a panel of leading names provided their collective wisdom on how to investigate a matter effectively within China’s unique legal landscape.

GIR Live: transferring data from China to Hong Kong is too risky

28 September 2015

It’s better to avoid sending documents from mainland China to Hong Kong for review because the risk of violating state secrecy laws is too high, say in-house counsel and senior investigations lawyers.

GIR Live: Yates memo risks unfair charges against individuals

23 September 2015

The intense media coverage of the Yates memo may encourage prosecutors to take an overly aggressive approach to prosecuting individuals, leading lawyers tell GIR Live New York.

Chairs

Bruce Yannett

Debevoise & Plimpton

Bruce Yannett is Deputy Presiding Partner of the firm and Chair of the White Collar & Regulatory Defense Practice Group. He focuses on white collar criminal defense, regulatory enforcement and internal investigations. He represents a broad range of companies, financial institutions and their executives in matters involving securities fraud, accounting fraud, foreign bribery, insider trading, and money laundering. 

Joseph Warin

Gibson, Dunn & Crutcher

F. Joseph Warin is chair of Gibson, Dunn & Crutcher LLP’s Washington, D.C. Office’s Litigation Department consisting of 150 lawyers and is co-chair of the firm's White Collar Defense and Investigations Practice Group. He served as Assistant United States Attorney in Washington, D.C. from 1976-83. Mr. Warin represented Hewlett-Packard Co. in its FCPA settlement with the DOJ and SEC, General Electric in its Oil for Food Investigation, MCI in its criminal investigations, and Joe Cassano, former head of AIG London. 

Keynote

Leslie Caldwell

Assistant Attorney General, Criminal Division, US Department of Justice

Leslie Caldwell was confirmed as the Assistant Attorney General for the Criminal Division on 15 May 2014. As head of the Criminal Division, Caldwell oversees nearly 600 attorneys who prosecute federal criminal cases across the country, help develop criminal law and formulate criminal enforcement policy.

Speakers

Angela Burgess

Davis Polk & Wardwell

Mark Califano

Senior Vice President and Managing Counsel, Global Litigation and Government Investigations, American Express

Indrani Franchini

Vice-President and Chief Compliance Officer, Hess Corporation

Sun Hong

Norton Rose Fulbright

Glenn Pomerantz

BDO

Mark Rochon

Miller & Chevalier Chartered

Adam Siegel

Freshfields Bruckhaus Deringer

Erin Sloane

Wilmer Cutler Pickering Hale and Dorr

Programme

Monday, 21 September:

Delegates are invited to a cocktail reception hosted by Freshfields Bruckhaus Deringer from 6.30pm until 8.00pm at The University Club.

Tuesday, 22 September:

8.30: Welcome coffee and registration

9.00: Chairs’ opening remarks

Bruce E. Yannett, Debevoise & Plimpton
F. Joseph Warin, Gibson, Dunn & Crutcher

9.10: Keynote speech

Leslie Caldwell, Assistant Attorney General, Criminal Division, US Department of Justice

9.40: Session one: Location, location, location

Now that enforcement is worldwide, more clients are confronting regulatory challenges in the US and abroad – at the same time. How should those clients respond to such circumstances?

In this session, a panel of leading names, led by Bruce E. Yannett of Debevoise & Plimpton, will examine different ways of balancing competing and often conflicting regulator demands. Drawing on decades of experience, and fuelled (GIR will make sure) by plenty of audience participation, they will give their tips on navigating an increasingly hectic international space, and dealing with situations for which no precedent quite seems to serve.

Questions the panel are expected to discuss include:

  • How do you conduct an internal investigation when it is expected in the US butopposed by non US authorities?
  • Can you “cooperate” in the US but adopt a different strategy elsewhere?
  • Are coordinated multi-jurisdictional settlements possible? Are they wise?

Moderator: 
Bruce E. Yannett, Debevoise & Plimpton

Panel: 
Mark Rochon, Miller & Chevalier Chartered
Erin Sloane, Wilmer Cutler Pickering Hale and Dorr
Mark Califano, Senior Vice President and Managing Counsel, Global Litigation and Government Investigations, American Express
Glenn Pomerantz, BDO

11.00: Coffee break

11.30: Session two: The ins and outs of China-investigations

Over the past five years, conduct emerging from Chinese operations has come to dominate FCPA resolutions. Which can be a problem.

For, when it comes to knowing how to run an internal investigation, “there’s China – and then there’s the rest of the world” according to one (esteemed) source: our programme’s co-chair, F. Joseph Warin.

With that in mind, GIR Live NY is having a full session on the unusual aspects to factor in as soon as it is clear all or part of an investigation must take place in China.

Questions the panel will be aiming to discuss include:

  • How much ‘interface’ is there between Chinese and Western enforcers?
  • Are laws on state secrets and data privacy navigable?
  • What is and isn’t privileged?
  • How will Chinese authorities react to news of a settlement in the US?
  • Why is it so hard to obtain consistent advice on Chinese law?

Moderator: 
F. Joseph Warin, Gibson, Dunn & Crutcher

Panel: 
Angela Burgess, Davis Polk & Wardwell
Adam Siegel, Freshfields Bruckhaus Deringer
Indrani Franchini, Vice-President and Chief Compliance Officer, Hess Corporation
Sun Hong, Norton Rose Fulbright

13.00: Networking lunch

14.00: Close of conference

Venue

7 World Trade Center, New York, NY 10166-0193, USA

Testimonials

  • "Excellent. Every presenter was knowlegable, information covered in a concise clear manner. Questions were welcomed"

    Michael Celock,  Omega Strategic Consulting Group

  • "Real experts speaking and attending"

    Glenn Pomerantz, BDO

  • "... Good back & forth and dialogue with audience."

    Matt Reinhard, Miller& Chevalier