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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Tuesday, September 10, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide corporate counsel through the U.S. Department of Justice's (DOJ) pilot whistleblower rewards program and new AI-related initiatives. The panel will discuss the impact of these programs and initiatives on internal compliance and reporting structures and describe what counsel and their clients should be doing now.

Faculty

Abena Mainoo
Partner
Cleary Gottlieb Steen & Hamilton LLP

Ms. Mainoo has conducted high-stakes investigations involving a range of misconduct (including financial crimes and environmental law violations) and counseled clients in investigations by the authorities. She has litigated high-profile torts, securities, and consumer protection cases. Ms. Mainoo has experience with federal court, state court, bankruptcy court, and administrative hearings and has argued pre-trial, dispositive, and discovery motions.

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Henry E. Hockeimer
Partner, White Collar Defense/Internal Investigations Group Leader
Ballard Spahr LLP

Hockeimer’s practice focuses on white collar criminal defense and securities fraud/litigation. He counsels businesses and individuals facing investigation by state and federal authorities, and represents clients in federal and state courts throughout the United States. Hockeimer’s jury trial experience is extensive, both in private practice and as a former federal prosecutor. He is often engaged to conduct sensitive internal investigations and reviews for both corporate and governmental entities. Hockeimer’s work also includes complex civil litigation, where he has handled contract disputes, actions involving intellectual property and trade secrets, product liability matters, and insurance coverage disputes.

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Description

Recently, the DOJ announced a new whistleblower pilot program that incentivizes reporting corporate misconduct and financial crimes to the DOJ. It also announced several new AI-related initiatives. These initiatives have important implications for corporate compliance programs.

Under the upcoming pilot program, individuals who help the DOJ uncover significant corporate misconduct or criminal activity previously unknown to the DOJ could receive a portion of the resulting forfeiture of criminal proceeds. The program will fill gaps in the existing federal whistleblower program framework.

The DOJ plans to seek stiffer penalties for criminals who "deliberately misuse AI" to make white collar crime much more serious. In evaluating corporate compliance programs, the DOJ will also consider whether a corporation has made efforts to mitigate risks related to the use of AI.

Listen as our expert panel guides corporate counsel through the DOJ's pilot whistleblower rewards program and new AI-related initiatives. The panel will discuss key focus areas and parameters of the program so that counsel can advise clients on how best to strengthen their corporate compliance programs in response.

Outline

  1. Introduction
  2. Whistleblower pilot program focus areas
    1. Criminal abuses of U.S. financial system
    2. Financial corruption outside the jurisdiction of the SEC--e.g., FCPA violations by non-issuers; violations of Foreign Extortion Prevention Act
    3. Domestic corruption, including illegal payments to government officials
  3. Whistleblower pilot program key parameters
    1. Cash payment only when no competing incentive (e.g., qui tam or another federal whistleblower program)
    2. Misconduct reported not previously known to government
    3. Above a certain monetary threshold, which is to be determined
  4. AI-related initiatives
    1. Enhanced penalties for crimes involving deliberate misuse of AI in white collar crime
    2. Effort to integrate AI into Federal Sentencing Guidelines
  5. Implications for corporate compliance programs

Benefits

The panel will review the following and other important issues:

  • What are the main focus areas of the DOJ's whistleblower pilot program?
  • What parameters will the DOJ use to determine whether to provide rewards to whistleblowers?
  • What should counsel do to ensure their clients' compliance programs are equipped to encourage timely and internal reporting of wrongdoing?