Coverage

GIR Live Zurich: Swiss Attorney General calls for DPAs

21 November 2018

Michael Lauber said DPAs are the best tool to tackle economic crimes cases instead of a controversial settlement tool used by Geneva prosecutors, which his office stopped using years ago.

GIR Live Zurich: Cross-border investigations and witness interviews

23 November 2018

Lawyers at GIR’s inaugural conference in Zurich discussed the common pitfalls in conducting internal investigations, such as failing to secure evidence at the start of a probe.

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.

Prior to joining Cravath, Mr. Gruenstein served as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York from 2002 to 2008. Mr. Gruenstein returned to Cravath in 2008, and became a partner in 2012.

Marcel Meinhardt

Lenz & Staehelin

Dr. Marcel Meinhardt is specialised in handling and managing internal investigations and in advising and representing companies vis-à-vis the authorities. He has broad experience in both contentious and non-contentious matters. He heads the practice groups “regulatory and competition law” as well as “internal investigation and white collar crimes”.

Marcel holds a degree in law from the University of St. Gallen (1990), a doctor’s degree from the University of Zurich (1996), and LL.M. degrees from the New York University School of Law (1994) and the College of Europe (1995). Marcel was admitted to the Bar in 1992.

Keynote Speaker

Michael Lauber

Office of the Attorney General of Switzerland

Since January 1st 2012, Michael Lauber has been acting as Attorney General of Switzerland. After completing his legal studies at the University of Berne and being admitted to the bar, he worked on the criminal police front (head of Special Investigation 1 at the Canton of Berne Criminal Police, head of the Central Organised Crime Unit of the Federal Office of Police), before later working in the financial world of the Principality of Liechtenstein (Head of Financial Intelligence Unit; President of the Supervisory Board of the Liechtenstein Financial Market Authority).

As Attorney General, Michael Lauber heads the national criminal prosecution authority, which investigates and prosecutes the offences covered by federal jurisdiction, such as terrorism; state security; serious crime; cross-border money laundering, white-collar crime and international corruption in particularly complex cases.

Speakers

Martina Berli-Stettler

Head of Litigation and Investigations, Credit Suisse

Daniel Lucien Bühr

LALIVE

Peter Burckhardt

Schellenberg Wittmer

Lisette van Eenennaam

Deputy Head Office of Special Investigations & Senior Legal Counsel Integrity, ABB

Darren Matthews

K2 Intelligence

Marc Mauerhofer

Head AML and Suitability, Swiss Financial Market Supervisory Authority

Dominique Müller

Lenz & Staehelin

Derek Patterson

Forensic Risk Alliance

Evan Norris

Cravath, Swaine & Moore

Programme

13.30: Registration and welcome coffee

14.00: Chairs’ opening remarks  

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

14.05: Keynote address

Michael Lauber, Office of the Attorney General of Switzerland

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 is not yet clear how serious an issue may became but you want to prepare for ever eventuality?

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

Panel:
Daniel Lucien Bühr, LALIVE
Darren Matthews, K2 Intelligence
Evan Norris, 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:
Martina Berli-Stettler, Head of Litigation and Investigations, Credit Suisse 
Lisette van Eenennaam, Deputy Head Office of Special Investigations & Senior Legal Counsel Integrity, ABB
Marc Mauerhofer, Head AML and Suitability, Swiss Financial Market Supervisory Authority
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 & Staehelin

Panel:
Peter Burckhardt, Schellenberg Wittmer
Benjamin Gruenstein, Cravath, Swaine & Moore

17.45 Chairs’ closing remarks 

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

17.50 onwards: All delegates are invited to attend a drinks reception kindly hosted by Lenz & Staehelin

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