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

January 10, 2017

​2016 was characterized by monumental political and economic changes, and the world’s emerging markets were not spared from the effects of the ongoing global transformation. China, for example, has set an economic growth target of 6.5% for 2017 even amidst rising political tensions with its neighbors and uncertainty surrounding the country’s future relationship with the incoming Trump administration. In Russia, stubbornly low oil prices have the country’s economy creaking toward its second consecutive year of recession, with some predicting a modest recovery in 2017. By contrast, numerous experts consider India to be a rare bright spot among emerging markets and expect it to outperform other markets in the near-term. Latin America’s economy as a whole is slowly rebounding from a recent recession, with Brazil and Venezuela continuing to anticipate flat to negative GDP growth rates into 2017. In South America, Colombia and Argentina are projected to be pockets of growth amidst an overall stagnant regional economy, while Central America and the Caribbean will continue to experience steady economic development. In Africa, the slowdown of export markets, low commodity prices and continued political instability are causing forecasters to revise previously optimistic predictions about economic growth and foreign investment into the continent. Despite their difference, many of these markets share a common struggle: endemic public corruption. And while corruption has created a business environment fraught with commercial, regulatory and reputational risk, companies continue to aggressively seek out new consumer bases in these countries in an effort to find their footing in a rapidly changing world.

Join our team of experienced international anti-corruption attorneys to learn more about how to do business in these and other emerging markets without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”).

View Slides [PDF]

Topics discussed include:

  • Recent FCPA enforcement actions brought by the DOJ and SEC involving business activities in major emerging markets in Asia, Russia, Africa and Latin America;
  • Overview of anti-corruption laws in key markets, including China, India, Russia, Brazil and South Africa;
  • A primer on recent anti-corruption measures taken by the Indian government, including the demonetization of high-value currency notes, and an overview of the proposed amendments to the Indian Prevention of Corruption Act;
  • Driving forces behind 2016’s explosion of FCPA enforcement actions involving China, and how the Chinese government is starting to flex its own enforcement muscle against foreign companies doing business within its borders;
  • Compliance risks driven by Russia’s reaction to international sanctions, its anti-terror legislation, and the country’s economic crisis;
  • Legislative changes in Latin America, including the passage of anti-bribery laws in Colombia, Mexico, Argentina, Costa Rica, and Brazil; and
  • Lessons learned from high-profile case studies and anti-corruption efforts in Africa.

PANELISTS:

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 FCPA, and anti-money laundering, securities, and trade control laws. Ms. Austin also regularly guides companies on creating and implementing effective compliance programs. Ms. Austin has practiced in Hong Kong since 2001. Ranked as a leading lawyer (top-tier) in the category “Corporate Investigations/Anti-Corruption: China” by Chambers Asia Pacific 2016 and Chambers Global 2016; ranked in Tier 1 for “Regulatory: Anti-Corruption and Compliance: Hong Kong” by Asia Pacific Legal 500 2017; named by The Asian Lawyer as the Regulatory / Compliance Lawyer of the Year for 2016; named one of the “World’s Leading White Collar Crime Lawyers” by Euromoney’s Expert Guide 2016; ranked as a leading lawyer by Who’s Who Legal: Business Crimes Defence 2016; noted for being “very well regarded by clients and peers across Asia” by Who’s Who Legal and Global Investigations Review 2016; named by Global Investigations Review to its inaugural Women in Investigations list 2015, which highlights 100 high-powered women in the profession from around the world.

Joel M. 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 led or participated in 24 civil and criminal trials in federal and state courts. His experience includes all aspects of FCPA/anti-corruption issues, insider trading, securities and financial institution litigation, class actions, sanctions, money laundering and asset recovery, with a particular focus on international disputes and discovery. Mr. Cohen has been named a leading white collar criminal defense attorney by The Best Lawyers in America©, a “Litigation Star” and multiple times a national Top 100 Trial Lawyer by Benchmark Litigation, an “MVP” by Law360, a “Super Lawyer” in Criminal Litigation, and his work is noted by Legal 500 in the areas of white collar criminal defense and securities litigation. In addition, The American Lawyer named Mr. Cohen as one of its Litigators of the Week after winning a jury defense verdict in an insider trading case on behalf of Nelson Obus, general partner of Wynnefield Capital. Mr. Cohen was featured in The American Lawyer‘s 2016 award of “White Collar/Regulatory Law Firm of the Year” to Gibson Dunn for his Obus trial victory.

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 extensive experience in corporate anti-bribery compliance, especially issues surrounding the enforcement of the FCPA and the UK 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 the representation of companies before domestic and foreign authorities during associated criminal and administrative proceedings. Especially noteworthy is Mr. Schwarz’ experience advising companies in connection with FCPA monitorships, whether in a leadership function as part of an international team advising the Siemens compliance monitor, the first non-U.S. compliance monitor in conjunction with the world’s largest FCPA settlement thus far, or as an advisor for other DAX-30 and Fortune 100 companies in relation to FCPA monitorships or disclosures according to the FCPA or to the UK Bribery Act. Mr. Schwarz is continuously ranked as a leading lawyer in the fields of “Corporate” and “M&A” by industry directories such as JUVE Handbook, Legal 500 EMEA, Chambers Europe, Best Lawyers International and Legal Experts EMEA. Chambers Global 2015 recommended Mr. Schwarz as a ‘foreign expert’ for both “Corporate/M&A” and “Dispute Resolution” work in Russia, and the publication has featured praise from sources who describe him as “very client-oriented” and note that “he is not only fluent in Russian but knows exactly how business is done and gives expert advice on any potential risks or problems.” Schwarz is also ranked as a leading lawyer by Best Lawyers 2016/7, for Germany: Corporate Law, Criminal Defense and Mergers and Acquisitions Law. 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.

Patrick Stokes — Partner in Gibson Dunn’s Washington, D.C. office, Mr. Stokes is a member of the White Collar Defense and Investigations, Securities Enforcement, and Litigation practice groups. Before joining the firm, Mr. Stokes was the Chief of the Foreign Corrupt Practices Act Unit of DOJ, and previously the Co-Chief of the Securities and Financial Fraud Unit of the Fraud Section of DOJ. Mr. Stokes has tried more than 30 federal jury trials as first chair, including high-profile white-collar cases, and handled 16 appeals before the U.S. Court of Appeals for the Fourth Circuit. His practice focuses on internal corporate investigations, compliance reviews, government investigations, and enforcement actions regarding corruption, securities fraud, and financial institutions fraud.

MODERATOR:

F. Joseph Warin — Co-Chair of the firm’s White Collar Defense and Investigations practice and former Assistant United States Attorney in Washington, D.C., Mr. Warin is one of only ten lawyers in the United States with Chambers rankings in five categories. Chambers Latin America 2017 ranked him in tier one in Latin-America wide: Fraud and Corporate Investigations. He received the Chambers USA Award for Excellence in 2014 in the category of Litigation: White Collar Crime & Government Investigations. Mr. Warin was honored by Who’s Who Legal for a second year in a row as its 2015 Investigative Lawyer of the Year. In 2016, Who’s Who Legal and Global Investigations Review also name Mr. Warin to their list of World’s Ten-Most Highly Regarded Investigations Lawyers. He has been listed in The Best Lawyers in America® every year from 2006 – 2016 for White Collar Criminal Defense. Best Lawyers® also named Mr. Warin 2016 Lawyer of the Year for White Collar Criminal Defense in the District of Columbia. In 2016, he was named among the Lawdragon 500 Leading Lawyers in America. From 2015-2017, he has been selected by Chambers and Partners Latin America as a top tier lawyer, Latin America-wide, in Fraud & Corporate Investigations. Chambers Global 2016 ranked Mr. Warin as a top attorney for USA – FCPA. In 2016 Chambers USA: America’s Leading Lawyers for Business selected Mr. Warin as a Leading Lawyer in the areas of Securities Regulation Enforcement, Securities, and Litigation: FCPA in the nation. He was also ranked as a Leading Lawyer in the areas of Securities Litigation and White Collar Crime and Government Investigations in the District of Columbia. He was selected as a 2015 Top Lawyer for Criminal Defense by Washingtonian magazine. U.S. Legal 500 named Mr. Warin a 2015 Leading Lawyer for White Collar Criminal Defense Litigation. Benchmark Litigation has recognized him a U.S. White Collar Crime Litigator Star for three consecutive years (2013-2015). In 2013, Mr. Warin was awarded the Best FCPA Client Service Award by Main Justice. He was also named to the publication’s FCPA Masters list.

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 2.0 credit hours, of which 2.0 credit hours may be applied toward the areas of professional practice requirement.  This course is approved for non-transitional credit only.

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.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 2.0 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.