FCPA Internal Investigations: Preserving the Evidence, Assessing Voluntary Disclosure, and Other Key Elements
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Tuesday, March 10, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will prepare counsel for companies with business in foreign countries to evaluate whether and how to conduct an internal investigation into potential Foreign Corrupt Practices Act (FCPA) violations. The panel will review the principal elements and challenges involved and outline best practices for conducting the investigation.
Ms. Parker focuses on white-collar criminal matters, internal corporate investigations, and compliance counseling. She represents clients in a range of criminal and enforcement matters and provides compliance and governance advice. She has conducted internal investigations in the U.S., Asia, Africa, Europe, and Latin America. She has represented companies and individuals in a variety of FCPA enforcement matters. She also regularly counsels clients facing difficult FCPA issues in a variety of business contexts, and assists clients in developing and implementing FCPA compliance programs and conducting FCPA training.
Mr. Davis focuses his practice on international regulatory compliance and enforcement issues. He advises on corruption issues around the world, including compliance with the FCPA and related laws and international treaties, and FCPA-related internal investigations and disclosures to the SEC and DOJ. Mr. Davis works with clients to develop and implement compliance programs, conduct due diligence and audit compliance processes.
The U.S. DOJ and the SEC continue to focus on FCPA enforcement. As a result, companies doing business outside the United States continue to be at increased risk of--and must carefully assess the potential for--FCPA violations. In recent years, several companies, including 3M Co., Airbus, and Avianca Holdings, disclosed that they had launched internal investigations into possible violations of the FCPA and other anti-corruption laws.
With companies facing heightened government scrutiny and updated policies from the U.S. Department of Justice, counsel must carefully weigh whether to conduct an internal investigation into suspected violations, how to perform the investigation most cost-effectively, and what to disclose to the government and when.
Listen as our authoritative panel of practitioners explains how to assess whether to conduct an internal investigation of suspected or alleged FCPA violations, reviews critical elements and challenges of the inquiry, and offers best practices for conducting investigations.
- To investigate or not to investigate
- Determining validity of suspected/alleged FCPA violation
- Determining whether an investigation is needed
- Scope of investigation
- Key elements and challenges
- Critical aspects of an efficient investigation
- Considerations when doing investigations abroad
- How far should the factual inquiry go
- Ethical dilemmas and conflicts of interest
- Handling potential interests and issues in multiple jurisdictions
- Conducting the investigation
- What the investigation should look like
- Impact of specific industries
- Identifying and interviewing employees/witnesses
- Privilege issues
- Collecting and reviewing documents
- Whether and when to disclose an investigation
The panel will review these and other key issues:
- What are the key considerations for counsel conducting internal investigations abroad?
- What can counsel do to protect privileges and confidential information?
- What are the best practices to minimize violations of privacy law and blocking statutes?
- What steps can companies take to control costs while ensuring sufficient information has been gathered for a proper internal investigation?
