Coverage

GIR Live: Trump’s “unprecedented attacks” on DOJ affect morale

28 June 2018

The former Justice Department’s criminal division chief has said that US President Donald Trump’s almost daily attacks on the DOJ are lowering morale in a keynote speech in which she also addressed the “significant leadership vacuum” at the authority.

The Justice Department demands firms “get creative” to obtain overseas data

28 June 2018

Lawyers report that the US Justice Department won’t fully credit a company for cooperating with an investigation unless its lawyers exhaust all possible workarounds to obtain information held outside the US.

Women in Investigations conference - in pictures

29 June 2018

Pictures from GIR’s inaugural Women in Investigations conference held on 28 June in London. Chaired by Lucinda Low of Steptoe and Martina de Lind van Wijngaarden of Freshfields, the conference featured former DOJ criminal division chief Leslie Caldwell, Karen Popp of Sidley Austin, and many more.

GIR Live: SFO to demand interview notes following XYZ-related judgment

29 June 2018

The SFO case controller in the XYZ case, which resulted in a DPA, has said that the authority will now routinely expect companies to hand over the written notes of internal investigation interviews.

GIR Live: why investigators need to prepare for artificial intelligence

‘Practical aspects of international investigations and Q&A’ Panel

02 July 2018

Using artificial intelligence and predictive coding will make investigations faster and cheaper, and can help avoid disclosure failures, white-collar practitioners said at GIR’s Women in Investigations conference.

GIR Live: How to keep the cost of monitorships down

From left to right: Lucinda Low, Olivia Radin, Katherine Lemire, Susannah Cogman and Martina de Lind van Wijngaarden.

05 July 2018

Lawyers with monitorship experience shared their thoughts on how companies can avoid “obscene expensing” during monitorships at GIR’s first-ever Women in Investigations conference.

Chairs

Martina de Lind van Wijngaarden

Freshfields Bruckhaus Deringer

Lucinda Low

Steptoe & Johnson

Keynote Speaker

Leslie Caldwell

Latham & Watkins

Speakers

Jodi Avergun

Cadwalader, Wickersham & Taft

Susannah Cogman

Herbert Smith Freehills

Joanna Dimmock

White & Case

Muriel Goldberg-Darmon

Cohen & Gresser

Shin Jae Kim

TozziniFreire

Katherine Lemire

Lemire

Rita Mitchell

Willkie Farr & Gallagher

Nicola Northway

Baker McKenzie

Karen Popp

Sidley Austin

Olivia Radin

Freshfields Bruckhaus Deringer

Kristin Rivera

Global Head of Forensics, PwC

Cheryl Scarboro

Simpson Thacher & Bartlett

Jane Shvets

Debevoise & Plimpton

Polly Sprenger

Katten Muchin Rosenman

Mona Vaswani

Allen & Overy

PROGRAMME

9.00: Welcome coffee and registration

9.30: Chairs’ opening remarks

Martina de Lind van Wijngaarden, Freshfields Bruckhaus Deringer
Lucinda Low, Steptoe & Johnson  

9.40: Keynote address

Leslie Caldwell, Latham & Watkins  

10.10: Session one: Negotiated resolutions and coordinating them

This session will discuss the challenge created by multi-national enforcement and resolutions of the same case. How does one settle in a coordinated way in different theatres? Are there lessons from recent cases on what works and what doesn’t?

Topics our panel are expected to discuss include:

  • Differences in the US and the UK: implications of the lack of effective judicial oversight
  • Standard terms of US DPAs: the responsibilities that companies take when agreeing to them
  • Managing competing interests when negotiating with multiple enforcement authorities
  • Strategies to minimize inherent risks in multiple national investigations 
  • The role of compliance, programme enhancements and remediation 

Moderator:
Karen Popp, Sidley Austin

Panel:
Jodi Avergun, Cadwalader, Wickersham & Taft  
Shin Jae Kim, Tozzini Freire 
Nicola Northway, Baker McKenzie 

11.25: Coffee break

11.55: Session two: Grey areas in privilege

With different approaches on both sides of the Atlantic and in Europe, and recent cases and pending appeals over its scope in the UK, US and on continental Europe, the concept of privilege in investigations has become ever more ‘grey’. This session will explore the current landscape, and the challenges, and even opportunities, it may present, alongside tips on how to deal with the grey areas more skilfully.

 Questions the panel is expected to discuss include:

  • The position in the UK: where will the UK land?

  • The US and the Herrera decision: will cooperating with US authorities effectively mean waiving privilege protections over interview memos?

  • Privilege and employment law: balancing legal privilege in an investigation with the demands of disciplinary actions and related actions against employees.

  • Privilege and individuals: getting it right when there are follow on cases against individuals. 

Moderator:
Martina de Lind van Wijngaarden, Freshfields Bruckhaus Deringer 

Panel:
Muriel Goldberg-Darmon, Cohen & Gresser
Jane Shvets, Debevoise & Plimpton 
Polly Sprenger, Katten Muchin Rosenman 
Mona Vaswani, Allen & Overy 

13.10: Networking lunch

14.10: Session three: Practical aspects of international investigations and Q&A

A panel of skilled and experienced investigators will share ‘war stories’ from their experience and will discuss hot topics submitted by the moderators and our audience.

Among other matters our panel will discuss:

  • The first 48 hours
  • The use of technology, and artificial intelligence in investigations
  • Thinking ahead: spotting the likely challenges and planning for them
  • Scoping – what clients expect; what officials expect
  • Overcoming cultural hurdles
  • Dealing with the difficult witness
  • Meeting the needs of multiple regulators
  • Managing the messaging
  • Learning the lessons: ensuring the investigation leaves a lasting impact
  • Ethical issues that may arise

Moderator:
Lucinda Low, Steptoe & Johnson 

Panel:
Joanna Dimmock, White & Case
Rita Mitchell, Willkie Farr & Gallagher
Kristin Rivera, Global Head of Forensics, PwC
Cheryl Scarboro, Simpson Thacher & Bartlett

15.25: Coffee break

15.55: Session four: Monitorships: a survival guide

Monitorships can pose challenges for all concerned: the company, the outside counsel, the agency choosing whom to appoint, and the monitor herself. And they can be controversial in so many regards, from how they are appointed, to the scope of their powers, to the confidentiality of their reports. Yet, despite this, their prevalence is on the rise. In this panel, those who have seen monitorships in action first hand will report on what works, what doesn’t and what the challenges are for each of the stakeholders so that you are better prepared to advise clients. 

Topics they are expected to discuss include:

  • The process of getting selected
  • Being caught in the middle: the interactions with the government and the company
  • The company’s side: how it feels to be the receiver and interacting with the monitor
  • Duelling monitors: problems when there is more than one monitor in situations
  • Cultural issues: dealing with a creature of US law when you are not from the US

Moderator:
Martina de Lind van Wijngaarden, Freshfields Bruckhaus Deringer
Lucinda Low, Steptoe & Johnson

Panel:
Susannah Cogman, Herbert Smith Freehills
Katherine Lemire, Lemire
Olivia Radin, Freshfields Bruckhaus Deringer

17.10: Chairs’ closing remarks

Martina de Lind van Wijngaarden, Freshfields Bruckhaus Deringer  
Lucinda Low, Steptoe & Johnson

17.20 onwards: Drinks reception

19.00: All delegates are invited to attend an all-conference dinner, kindly hosted by PwC 

 

Venue

Grace Hall, 147 Leadenhall St, London EC3V 4QT

Prices

Private Practitioner
Type Price Until
Super Early £800 18 May 2018
Early £900 15 Jun 2018
Standard £975 28 Jun 2018

 

In-house/governmental
Type Price
Standard Complimentary