China and India are the world's most populous countries and two of its fastest growing economies. Buoyed in part by high oil prices, Russia remains an attractive market despite the global economic downturn. Virtually all multi-national corporations have entered or are entering these markets because of their enormous consumer base and significant infrastructure development coupled with lower labor and sourcing costs. But transacting business with the large government sectors and navigating the complexities of the bureaucratic regulatory frameworks in these nations present significant challenges and risks. Join our team of experienced international anti-corruption attorneys to learn more about how to do business in China, India, and Russia without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act.
Topics discussed include:
- Recent FCPA enforcement actions brought by the DOJ and SEC involving business activities in China, India, and Russia;
- Chinese, Indian, and Russian domestic anti-corruption efforts;
- International agreements and efforts to fight corruption in Asia and Russia;
- Increased international cooperation in anti-corruption enforcement;
- Corruption risk factors in China, India, and Russia, including cultural context and history;
- Understanding the pervasive presence of the Chinese and Russian governments in all aspects of business; and
- Practical tips and advice for ensuring compliant business in China, India, and Russia.
Our Panelists:
F. Joseph Warin — Chairs Gibson Dunn's Washington, D.C. Litigation Department and serves as co-chair of the firm's White Collar Defense and Investigations Practice. Mr. Warin's areas of expertise include white collar crime and securities enforcement, including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling, and complex civil litigation. Mr. Warin has conducted FCPA investigations relating to business in 35 countries around the globe and is the only person to have served as the FCPA compliance monitor, or U.S. counsel to the FCPA compliance monitor, in three different FCPA monitorships. He routinely represents global companies, advising them on anti-corruption compliance, with a special focus on matters involving China and the Far East.
Kelly Austin — Partner in Gibson Dunn's Hong Kong office specializing in government and internal investigations, regulatory compliance, and international disputes. Ms. Austin has extensive expertise in corporate internal investigations, including those involving the Foreign Corrupt Practices Act, and in creating and implementing effective compliance programs. She was named the "Best Lawyer" in the Corporate Governance category of the 2011 Asia Women in Business Law Awards and to Asian Legal Business' 2010 Hot 100, which recognizes Asia "lawyers who have risen above the rest in the most challenging of years for legal markets across Asia." Ms. Austin was formerly Compliance and Litigation Counsel for General Electric in Asia, from 2001 to 2010.
Jai Pathak — Partner-in-Charge of the firm's Singapore office and the Pacific Asia region, with extensive experience in cross-border mergers and acquisitions, takeovers, dispositions, privatizations, joint ventures, licensing, infrastructure development, as well as private equity and structured finance transactions. Mr. Pathak has expertise in anti-corruption issues in the context of acquisition due diligence, and has a keen understanding of the corruption climate in India based on his background and experience there. Mr. Pathak attended college and graduate school in New Delhi and is admitted to practice law in Delhi, India. He was presented the "National Law Day Award — 2001" by the Indian Council of Jurists for his unique contribution to the development of Indian corporate law.
Benno Schwarz — A German-qualified partner in Gibson Dunn's Munich office with extensive experience in corporate anti-bribery compliance, including FCPA and the UK Bribery Act, as well as Russian law. This includes planning and implementation of internal corporate investigations nationally and internationally, advising on the structuring, implementation and assessment of compliance management systems and the representation of companies before domestic and foreign authorities during associated criminal and administrative proceedings. Along with the Gibson Dunn Munich office's White Collar Defense and Investigation team, Mr. Schwarz is recommended for compliance investigations by the JUVE Handbook 2011/2012. Mr. Schwarz speaks German, English and is a state-certified translator (IHK) for Russian, which makes it possible for him to carry out transactions and internal investigations in all three languages.
MCLE Credit Information:
This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied toward the areas of professional practice requirement. This course is NOT approved for transitional credit.
Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact Jeanine McKeown (National Training Administrator), at 213-229-7140 or jmckeown@gibsondunn.com to request the CLE form.
Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hour.
California attorneys may claim "self-study" credit for viewing the archived version of this webcast. No certificate of attendance is required for California "self-study" credit.