Wednesday, 12 June 2019, London

E-mail Tel: +44 20 3780 4137

Chairs

Lucinda Low

Steptoe & Johnson

Lucinda Low's practice includes representing audit committees, boards of directors, and companies in internal, government, and international financial institution audits, investigations, and enforcement matters involving fraud, bribery, corruption, and other compliance issues. Lucinda is recognized by Chambers market commentators for her "incredible technical proficiency, spectacular advocacy skills, and cultural know-how." She has particular authority in matters involving the US Foreign Corrupt Practices Act (FCPA) and other anti-bribery and anti-corruption laws, and other international business compliance issues. According to Chambers, clients concur that Lucinda is "very impressive" and credit her with "an attention to detail that is second to none."

Mini vandePol

Baker McKenzie

Mini vandePol was appointed as the Chair of Baker McKenzie's Global Compliance & Investigations Group on 1 September 2014, after successfully completing five years as the Asia Pacific Regional Chair of the Dispute Resolution Practice Group. In this role, she leads a global team of more than 900 compliance and investigations practitioners in Asia Pacific, EMEA, Latin America and North America. Ms. vandePol's work engagements focus on anti-bribery and corruption investigations and risk management and mitigation in China, India and other parts of Asia in a variety of industries.

2018 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 

 

London, United Kingdom