Corporate criminal liability and investigations

 

Anti-Corruption and the Rule of Law (Ad Hoc)

1. Worldwide Trends 

  • Settlements
  • Rewarding cooperation: the US Pilot Program
  • Increased emphasis on compliance programs: liability for failure to prevent corporate corruption; effective compliance programs as a defense; monitors
  • Challenges of cross-border investigations:
    • Complexities of conducting multi-jurisdictional investigations
    • Conflicting jurisdictions, reporting requirements; obstacles to access to documents
    • Effects of increased cooperation among prosecution agencies
  • Speaker: Patrick Norton, Independent Arbitrator, JAMS, New York City

2. Prosecution of Corporate Executives

  • USA: DOJ’s New Yates memo: Shift from corporate liability to liability of individuals.  First experiences.
  • Situation in other jurisdictions (Asia / Europe).  Notable cases.
  • Consequences of paradigm shift: Potential for increased use of civil actions against individuals. Implications for internal investigations. Compliance programmes.
  • Speaker:  Honourable Justice Margaret Beazley AO, President of the New South Wales Court of Appeal, Sydney

3. Self-Reporting and Cooperation with Regulators and Law Enforcement Authorities

  • Self-Reporting and cooperation in Asia, the U.S. and Europe
  • Reporting obligations
  • First experiences with the DOJ’s pilot programme
  • Pros and cons of self-reporting
  • Speaker:  Manas Kumar Chaudhuri, Khaitan & Co., LLP (India)

Moderator

  • Gerold W. Libby, Zuber Lawler & Del Duca LLP, Los Angeles

Speakers

  • Honourable Justice Margaret Beazley, New South Wales Court of Appeal
  • Manas Kumar Chaudhuri, Khaitan & Co Llp
  • Patrick Norton, Independent Arbitrator, JAMS

 

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