Tuesday, 20 November 2018, Brandschenkestrasse 24, 8027 Zürich, Switzerland

Overview

Global Investigations Review is pleased to announce a major international conference to be held in Zurich on Tuesday, 20 November 2018, its first to be held in the city. The event promises to bring together the best of private practitioners and in house counsel to discuss topics at the forefront of investigations, white-collar crime and fraud, in a day designed to include high calibre and interactive panel discussions divided by several networking breaks.

 

E-mail Tel: +44 203 780 4160

Chairs

Benjamin Gruenstein

Cravath, Swaine & Moore

Benjamin Gruenstein is a partner in Cravath’s Litigation Department. His practice focuses on the representation of U.S. and multinational companies and their senior executives in government investigations, including those conducted by the Department of Justice and Securities and Exchange Commission, as well as internal corporate investigations. Mr. Gruenstein represents clients in their U.S. and cross‑border government and internal investigations related to such matters as the Foreign Corrupt Practices Act (“FCPA”), healthcare fraud, insider trading, criminal antitrust, accounting fraud and trade sanctions, and accompanying civil litigation. Mr. Gruenstein also conducts independent investigations on behalf of boards of directors in response to shareholder demands.

Marcel Meinhardt

Lenz & Staehelin

Dr. Marcel Meinhardt is a leading expert in competition law and is renowned for his broad, first-rate practice. He specializes in all areas of Swiss and European merger control work and competition law, particularly in the postal services, insurance, banking, motor-car, energy, media, retail, construction, pharma, ticketing and IT. Marcel Meinhardt also advises on regulatory issues in connection with the electricity and gas industry. He has been responsible for a large number of merger notifications to the Swiss Competition Commission and co-ordinated multi-jurisdictional merger filings. Marcel Meinhardt advises in contentious and non-contentious matters and has acted in high profile cases on alleged abuses of dominant positions, vertical restraints and cartels. He heads the Competition and Regulated Market practice group of Lenz & Staehelin.

Keynote Speaker

Olivier Thormann

Office of the Attorney General of Switzerland

Olivier Thormann heads the White-Collar Crime Division of the Office of the Attorney General of Switzerland. He oversees strategies and fundamental decisions taken by federal prosecutors working in Bern, Zürich, Lugano and Lausanne. He also is responsible for establishing Task Forces in the context of complex cases – encompassing several prosecutors – in order to coordinate and conduct investigations efficiently. Task Forces have recently been implemented in several cross-border cases, such as “Petrobras”, “1 MDB” and “football”. Thus, Oliver Thormann has a broad experience in cross-border related matters and negotiations. As all negotiated solutions require his involvement, negotiations – particularly in cross boarder cases – have recently formed an important part of his work. Olivier Thormann teaches White-Collar Crime at the University of Fribourg and in several Post-Graduate Programs.

Speakers

Dominique Müller

Lenz & Staehelin

Peter Burckhardt

Schellenberg Wittmer

Derek Patterson

Forensic Risk Alliance

Programme

13.00: Registration and networking lunch

14.00: Chairs’ welcome 

Marcel Meinhardt, Lenz & Staehelin
Benjamin Gruenstein, Cravath, Swaine & Moore

14.05: Keynote Speaker

14.35: Session one: Beginning a cross-border investigation: coordination, strategy and who to hire

What are the key steps and choices at the outset of an investigation – when it’s not yet clear how serious an issue may become, but you want to set things up right, in case? In this session, leaders in the art of the investigation will explain what to think about and do at every step during the early phase of an investigation – from the moment of discovery of a possible problem, to deciding where and how to deal with it. 

Questions the panel are expected to discuss include:

  • Who will conduct the investigation: is it better to retain outside counsel or deploy in-house resources?
  • Who will oversee the investigation: management or the board of directors?
  • When is the best time to advise your auditor?
  • Do you make disclosure to the public – and if so, when?

Moderator:
Benjamin Gruenstein, Cravath, Swaine & Moore

15:15: Coffee break 

15.45: Session two: Resolving a cross-border investigation: making the right decisions and avoiding the pitfalls

There are two stages to investigations – facts and consequences. Having got your arms around a problem, what’s the best way to defuse or detonate the situation? In this session, a panel of leading names will turn their focus to resolving investigations. How do you bring things to a satisfactory conclusion? Again, what are the key things to be thinking about at each stage? 

Questions the panel are expected to discuss include:

  • How do you coordinate document collection across multiple jurisdictions?
  • Do you alert government regulators – and if so, which government?
  • How should you handle multiple government investigations?
  • How can you best resolve government investigations across multiple jurisdictions? 

Moderator:
Marcel Meinhardt, Lenz & Staehelin

Panel:
Derek Patterson, Forensic Risk Alliance

16.25: Coffee break 

17.00: Session three: Protection and enforcing legal privilege in Swiss investigations 

One of the thorniest issues in any investigation is privilege, but it’s arguably more complex for Swiss entities which sit just outside the European Union and do so much business internationally – especially the US. In this session, the panel will review the latest case law from key jurisdictions on privilege, and what it attaches to, before considering the practical implications for in-house counsel and their advisers.

Questions the panel are expected to discuss include:

  • What are the best practices to ensure that the results of the internal investigation are and remain privileged in an international context?
  • With whom can the results of the internal investigation be shared? How does privilege interplay with the FoIA and similar acts that may become relevant in the context of an internal investigation?
  • What is the effect of recent Swiss decisions pursuant to which the results of certain internal investigations are not fully covered by the attorney-client privilege?
  • What is the role of in-house counsel in an internal investigation?
  • What effect, if any, does the proposed amendment of the Swiss Code of Civil Procedure (protection of privilege of in-house counsel) have on the role of in-house in internal investigations?

Moderator:
Dominique Müller, Lenz & Stahelin

Panel:
Peter Burckhardt, Schellenberg Wittmer

17.45 Chairs’ closing remarks 

Marcel Meinhardt, Lenz & Staehelin
Benjamin Gruenstein, Cravath, Swaine & Moore

17.50: Close of conference

Venue

Brandschenkestrasse 24, 8027 Zürich, Switzerland

Private Practitioner
Type Price Until
Early £450 2 November2018
Standard £500 20 November 2018

 

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