8th Bribery and Foreign Corruption

Understanding and complying with regulations to ensure organizational integrity
Date: February 25 & 26, 2016
Location: Toronto
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Highlights

Key elements of the CFPOA

Due diligence requirements when dealing with third parties

Best corporate practices in the areas of anti-corruption

Communicating with governmental authorities

Harmonizing Canadian and U.S. compliance

Enforcement developments in European countries

Steps to an effective anti-corruption risk assessment

Addressing problems uncovered by due diligence

Developing compliant working relationships with state-owned entities

Faculty

FACULTY
COURSE LEADERS
A. Neil Campbell, McMillan LLP
Dr. A. Neil Campbell is Co-Chair of the Competition and International Trade Law Groups and Partner in the Energy Law Group at McMillan LLP. His practice includes anti-dumping & subsidy proceedings; international & domestic trade agreement matters; export/import controls and trade sanctions; foreign corrupt practices; and investor-state disputes.
Derek S.T. Baldwin, IBIS International
Derek S.T. Baldwin is Director of Worldwide Operations and General Counsel at IBIS International. He is responsible for all IBIS operations and, as General Counsel, advises the boards of the various IBIS business segments.
CO-LECTURERS
Henry J. Chang, Blaney McMurtry LLP
Henry J. Chang is a Partner at Blaney McMurtry LLP. As co-chair of the firm’s International Trade and Business Group, he acts for foreign and domestic companies seeking to engage in international business transactions.
Antonio Di Domenico, Department of Justice (Competition Bureau Legal Services)
Antonio Di Domenico is currently serving a special appointment as Counsel to the Commissioner of Competition (Department of Justice Canada, Competition Bureau). He is also a Partner at Fasken Martineau DuMoulin LLP.
Ali Ikram, SAP
Ali Ikram is Senior Director in the Global Compliance Office at SAP. He has over 14 years of experience in various fields including public accounting, internal audit, project management, risk management and legal compliance.
John Keefe, Goodmans LLP
John Keefe is a Partner at Goodmans LLP. His practice focuses on commercial litigation with emphasis on commercial disputes, white collar crime and securities fraud, domestic and international arbitration, competition law and injunctions.
Ewa Knapik, PricewaterhouseCoopers LLP
Ewa Knapik is Director, Forensics Services Practice at PricewaterhouseCoopers LLP. Her area of expertise is fraud investigations, forensic accounting services, and internal controls assessments.
Andrew M. Lawrence, Skadden Arps Slate Meagher & Flom LLP
Andrew M. Lawrence is a Partner at Skadden Arps Slate Meagher & Flom LLP. He represents a wide range of clients in investigations by the SEC (U.S.), the U.S. Department of Justice (DOJ), other federal and state law enforcement agencies.
Richard Leblanc, York University
Richard Leblanc is Associate Professor, Law, Governance and Ethics at York University.
Nilanka Maldeniya, Advanced Micro Devices, Inc. (AMD)
Nilanka Maldeniya is Corporate Counsel at Advanced Micro Devices, Inc., a Fortune 500 technology company based in Sunnyvale, California that develops computer processors and related technologies.
Matthew McGuire, Securefact Transaction Services, Inc.
Matthew McGuire is Financial Crime Risk Management Expert with leading KYC solution provider, Securefact Transaction Services, Inc. He is an internationally recognized expert in anti-money laundering (AML) and counter-terrorist financing (CTF). He has been assisting financial institutions to assess and reduce financial crime and related regulatory risks for fifteen years. He has served as an advisor to Canadian and foreign governments on development of their laws and financial intelligence functions.
Danforth Newcomb, Shearman & Sterling LLP
Danforth Newcomb is Counsel at Shearman & Sterling LLP. He founded the firm's Foreign Corrupt Practice Act group. His practice includes a wide variety of civil, administrative and complex criminal cases.

Program

COURSE PROGRAM
Canadian Anti-Corruption Laws
This session will review the current Canadian federal, provincial and municipal regimes, including the Corruption of Foreign Public Officials Act and laws pertaining to conflict of interest and a range of typical anti-corruption measures and requirements.

Parliament of Canada Act, Public Service of Ontario Act, Criminal Code, ss. 119-123

Common forms of corruption in procurement, bid rigging and anti-competitive practices

Navigating the Municipal Conflict of Interest Act and Broader Public Sector Accountability Act

Typical municipal and provincial purchasing policies

In-Depth Overview of FCPA Compliance
This session will get you up to speed on the key components of the FCPA, focusing on its anti-corruption and anti-bribery elements, and provide insight into its internal accounting controls and requirements.

Determining who must comply with provisions of the FCPA

FCPA and its potential impact on your company

Key elements of the FCPA's anti-bribery provision

Triggers to U.S. government anti-bribery investigations

Managing an Anti-Corruption or Bribery Investigation
The number of enforcement actions in Canada and worldwide are rising dramatically, and this session will examine the steps in successfully managing a corruption or bribery investigation.

Responding to a government investigation: implementing the best strategy, responding to requests

Communicating with governmental authorities

Handling investigations in multiple jurisdictions

Investigative authority of U.S. and other jurisdictions with respect to Canadian entities

Governance Oversight of a Culture of Compliance: Promoting Awareness and Accountability
This session will give you best practices and practical tips into how to go about establishing and overseeing a culture of compliance through effective training, reporting and assurance.

Board oversight of anti-corruption and tone at the top

Red flags and best practices for risk governance

Overseeing anti-corruption training programs

Role that education, whistleblowing and investigations play

Risk adjusted compensation based on ethics and risk management

Role of the audit committee in creating a compliance culture

Issues in Cross-Border Investigations and Prosecutions
With the number of enforcement actions being taken worldwide, companies doing business cross-border must be prepared for being the target of a corruption or bribery investigation. This session will examine issues in cross-border investigations and prosecutions including the steps in successfully managing an investigation.

Limitations on investigation powers in Canada

Cross-border investigative powers

Mutual legal assistance treaties

Readying the company for internal and external investigations

Communicating with governmental authorities

Anti-Money Laundering & Foreign Corruption: Controls and Compliance
Illicit profits are the target of anti-money laundering laws. Increasingly, countries are adapting those laws to fight foreign corruption. Deputized financial and non-financial entities are in turn modifying their controls to prevent, deter, detect and report the laundering of bribes and other corrupt payments. This session will explore:

Money laundering trends, typologies and indicators related to foreign corruption

Regulatory responses to foreign corruption constraint through AML measures

Connection between money laundering and foreign corruption compliance and controls

Evolution of due diligence for foreign corruption constraint in the context of anti-money laundering

Panel: Fundamental Rules & Recent Developments
What is the current state of Canadian corruption, fraud and bribery laws? What areas have seen a major increase in terms of enforcement? What are the latest developments in the Canadian legal system for investigating and prosecuting both domestic and foreign bribery? This panel session will address these questions and provide a framework for examining the key issues in the regulatory and enforcement environment.

Impact and compliance issues for latest rules regarding bribery and foreign corruption

Expected future developments in Canada

Enforcement activity to date in Canada

Harmonizing Canadian and global anti-corruption compliance obligations

Anti-corruption cooperation between nations

U.S. Foreign Corrupt Practices Act Enforcement
The SEC and the DOJ have issued their "Resource Guide" to the FCPA, and both agencies continue to press jurisdictional boundaries. With new leadership at both the SEC and DOJ, we can expect aggressive enforcement activity. This session will provide you with what you need to know about FCPA enforcement and compliance.

Recent FCPA cases and investigations

Enforcement priorities from the DOJ and SEC

Internal controls and accounting requirements for FCPA compliance

Harmonizing Canadian and U.S. compliance

Establishing & Implementing An Effective Anti-Corruption Compliance Program
Most companies, even many that regularly engage in international transactions, lack a strong anti-corruption compliance program to mitigate the risk of corruption in their international dealings. This session will examine how to develop and implement an anti-corruption compliance program.

Key components of a compliance program

Creating an effective code of conduct

Implementing effective whistleblower and reporting procedures

Communicating the program to employees and the need for training

Reducing the risk of third party liability

Establishing procedures for dealing with suspected and alleged violations

Case Study: Establishing & Implementing An Effective Anti-Corruption Compliance Program
Most companies, even many that regularly engage in international transactions, lack a strong structured anti-corruption compliance program needed to mitigate the impact of corruption in their international dealings. This case study presentation will look at the practical steps in implementing an anti-corruption compliance program.

Key components of a compliance program

Implementing effective whistleblower and reporting procedures

Getting senior management buy-in

Creating an effective code of conduct

Evaluating your internal controls

Reducing the risk of third party liability

Multimedia Presentations

MULTIMEDIA PRESENTATION
Fundamental rules & recent developments
Riyaz Dattu
Osler, Hoskin & Harcourt LLP - Toronto
Establishing & implementing an effective anti-corruption compliance program
J. Stephen G. Vaz
Accenture Inc.
Establishing a culture of compliance: Promoting awareness and developing training
Kenneth H. Saul
Ken Saul, Compliance Consulting, Inc.
Panel: International corruption – Controls, compliance and mitigation of risks
Leigh Beijer
MNP LLP
Crossborder perspectives of government investigations
Jacob S. Frenkel
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
Identification & mitigation of international corruption risks
Jennifer Fiddian-Green
Grant Thornton LLP
Doing business in China: Anti-corruption compliance challenges
Louis Greenstein
Skadden, Arps, Slate, Meagher & Flom LLP
Anti-money laundering & foreign corruption: Control & compliance
Sal Jadavji
MCAN Mortgage Corporation
Ensuring third-party anti-corruption compliance
John W. Boscariol
McCarthy Tetrault LLP
Anti-corruption due diligence for M&A’s
Milos Barutciski
Bennett Jones LLP
Anti-corruption compliance assessments: Identifying areas of corruption risk
Glen Jennings
Gowling Lafleur Henderson LLP
Protecting whistle-blowers during workplace investigations
Sean Sportun
Mac's Convenience Stores
In-depth overview of FCPA compliance
Emmy Babalola
Deloitte & Touche LLP
International anti-fraud corruption enforcement activity
Riyaz Dattu
Osler, Hoskin & Harcourt LLP
Canadian anti-corruption laws
Kevin McGuinness
Ministry of Attorney General (Ontario)
Managing an anti-corruption or bribery investigation
Milos Barutciski
Bennett Jones LLP
Conducting internal investigations of suspected violations
Charles F. Walker
Skadden, Arps, Slate, Meagher & Flom LLP
Handing gifts, hospitality and other benefits
Maureen Bell
CIBC
Developing an effective whistle-blowing system
Donna M. Moroney
Wiklow Corporate Services Inc.
Anti-money laundering
Alan P. Gardner
Bennett Jones LLP
Mitigating international corruption risks
Martin Mueller
Nexen Inc.
Driving a culture of legal and ethics compliance
Paul Klasios
DuPont Canada
General counsel’s role in identifying and mitigating corruption risk
David W. Anderson
The Anderson Governance Group
Ethics & compliance auditing and monitoring
David M.W. Young
McMillan LLP
Anti-Corruption/Bribes law: How this can affect IP/IT transactions
Denis A. Chamberland
Fogler, Rubinoff LLP

Participants

Advanced Micro Devices, Inc. (AMD)

Blaney McMurtry LLP

Department of Justice (Competition Bureau Legal Services)

Goodmans LLP

IBIS International

McMillan LLP

PricewaterhouseCoopers LLP

SAP

Securefact Transaction Services, Inc.

Shearman & Sterling LLP

Skadden Arps Slate Meagher & Flom LLP

York University


Who should attend

Forensic Accountants; Corporate Counsel; VPs & Directors responsible for corporate responsibility and compliance, ethics, policies, business conduct, international trade, contracts, internal audit

Price

Price list:-
  • Course: $1975
  • Webcast only : $1575
  • Webcast and Proceedings : $1874
  • Course and Proceedings : $2274
  • Proceedings Only: $799
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Additional Information

REGISTRATION:
To reserve your place, call Federated Press toll-free at 1-800-363-0722. In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the registration form. Places are limited. Your reservation will be confirmed before the event.
LOCATION:
Courtyard by Marriott Downtown Toronto, 475 Yonge Street, Toronto, ON, M4Y 1X7, (800) 847-5075
CONDITIONS:
Registration covers attendance for one person, the supplementary course material as described in this document, lunch, morning coffee and refreshments during breaks are provided for registered duration. The proceedings of the event will be captured on audio or video. Multimedia proceedings with all slides and handouts can be purchased separately on a CD-ROM which will also include the event material.
This event is being webcast. A camera will capture the person making the presentation. A camera may also capture the registration desk. The public webcast only includes the presentation. By registering, you agree to waive any recourse against Federated Press as a consequence of the webcast of your presence at the event. Please enquire with onsite hosts if you wish to ensure that your seat is outside the scope of the webcast.
Workshops are not covered in webcast.
TIME:
Registration begins at 8:00 a.m. The morning sessions start promptly at 9:00.
CANCELLATION:
Please note that non-attendance at the event does not entitle the registrant to a refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. Please notify Federated Press of any changes as soon as possible. Federated Press assumes no liability for changes in program content or speakers. A full refund of the attendance fee will be provided upon cancellation in writing received 13 days prior to event date. No refunds will be issued after this date. Please note that a 15% service charge will be held in case of a cancellation.
DISCOUNT:
Federated Press has special team discounts. Groups of 3 or more from the same organization receive 15%. For larger groups please call Sandra Frattolillo at 1-800-363-0722, ext. 223 to get more information.
PAYMENT:
Payment must be received seven days prior to the event date.