Webcast: FCPA Trends in the Emerging Markets of Asia, Russia, Latin America, and Africa

January 8, 2019

In 2018, anti-corruption movements in several regions picked up steam, maturing from grassroots, street-level protests to electoral mobilization, far-reaching anti-corruption legislation, and renewed focus from local law enforcement. The constant drumbeat of scandals, impeachments, prosecutions and new legislative efforts highlights the extent to which corruption remains deeply rooted in many regions. As companies increasingly look to compete in emerging markets, the ever-present threat of corruption creates an environment fraught with commercial, legal and reputation risk.

Join our team of experienced international anti-corruption attorneys to learn more about how to do business in key markets in Asia (with a focus on China, India, and South Korea), Russia, Latin America, and Africa without running afoul of anti-corruption laws, including the FCPA.

Topics to be discussed:

  • An overview of FCPA enforcement and trends for 2018;
  • The corruption landscape in key emerging markets, including recent headlines and scandals;
  • Lessons learned from local anti-corruption enforcement in key markets in Asia, Russia, Latin America, and Africa;
  • Key anti-corruption legislative changes in major markets in Asia, Russia, Latin America, and Africa; and
  • Mitigation strategies for businesses operating in high-risk markets.

View Slides (PDF)



PANELISTS:

Kelly Austin Partner-in-Charge of Gibson Dunn’s Hong Kong office. Ms. Austin focuses her practice in government and internal investigations, regulatory compliance, and international disputes. Ms. Austin has extensive experience in government and corporate internal investigations, including those involving the FCPA, anti-money laundering, securities, and trade control laws. Ms. Austin also regularly guides companies on creating and implementing effective compliance programs.

Joel Cohen Co-Chair of the firm’s White Collar Defense and Investigations practice and a member of its Securities Litigation, Class Actions and Antitrust practice groups, Mr. Cohen is a partner in Gibson Dunn’s New York office. He is a former federal prosecutor and has been lead or co-lead counsel in 24 civil and criminal trials in federal and state courts. Mr. Cohen’s experience includes all aspects of FCPA/anticorruption issues, in addition to financial institution litigation and other international disputes and discovery, and he is equally comfortable leading confidential investigations, managing crises or advocating in court proceedings.

Sacha Harber-Kelly Partner in Gibson Dunn’s London office and a member of the firm’s White Collar Defense and Investigations practice group. Mr. Harber-Kelly focuses his practice in global white-collar investigations, representing clients in criminal and regulatory investigations as well as cross-border enforcement inquiries. He was a Prosecutor from 2007 to 2017 with the U.K.’s Serious Fraud Office (SFO) in the Anti-Corruption and Bribery Division, where he handled some of the largest and most complex cases brought by the SFO, and he was centrally involved in the U.K.’s development of a Deferred Prosecution Agreement (DPA) regime. He also has worked extensively with a range of other enforcement authorities in the U.K., U.S. and beyond.

Benno Schwarz German-qualified partner in Gibson Dunn’s Munich office, Mr. Schwarz is a member of the firm’s International Corporate Transactions and White Collar Defense and Investigations practice groups. Mr. Schwarz has many years of experience in corporate anti-bribery compliance, especially issues surrounding the enforcement of the FCPA and the U.K. Bribery Act as well as Russian law, including the planning and implementation of internal corporate investigations both nationally and internationally, advising on the structuring, implementation and assessment of compliance management systems, and representing companies before domestic and foreign authorities during associated criminal and administrative proceedings. He speaks and conducts transactions and internal investigations in German, English and Russian.

F. Joseph Warin Partner in Gibson Dunn’s Washington, D.C. office, Chair of the office’s Litigation Department, and Co-Chair of the firm’s White Collar Defense and Investigations practice group. Mr. Warin is consistently regarded as a top lawyer in FCPA investigations, False Claims Act (FCA) matters, fraud and corporate investigations, and special committee representations. He has handled cases and investigations in more than 40 states and dozens of countries in matters involving federal regulatory inquiries, criminal investigations and cross-border inquiries by dozens of international enforcers, including the U.K.’s SFO and FCA, and government regulators in Germany, Switzerland, Hong Kong, and the Middle East. His credibility at DOJ and the SEC is unsurpassed among private practitioners, a reputation based in large part on his experience as the only person ever to serve as a compliance monitor or counsel to the compliance monitor in three separate FCPA monitorships, pursuant to settlements with the SEC and DOJ.

Oliver Welch Associate in Gibson Dunn’s Hong Kong office and a member of the firm’s Litigation and White Collar Defense and Investigations practice groups. Mr. Welch has extensive experience representing clients throughout the Asia region on a wide variety of compliance and anti-corruption issues. His practice focuses on internal and regulatory investigations, including the FCPA, and he regularly counsels multi-national corporations regarding their anti-corruption compliance programs and controls, and assists clients in drafting policies, procedures, and training materials designed to foster compliance with global anti-corruption laws. He also advises on anti-corruption due diligence in connection with corporate acquisitions, private equity investments, and other business transactions.


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  2.50 credit hours, of which 2.50 credit hours may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-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 MCLE form.

This program has been approved for credit in accordance with the requirements of the Texas State Bar for a maximum of 2.00 credit hours, of which 2.00 credit hour may be applied toward the area of accredited general requirement.

Attorneys seeking Texas 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 MCLE 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 2.00 hours.

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.