CHINA ESQUIRE

Just received news that the Practising Law Institute (PLI) is hosting a CLE program on the FCPA entitled “The Foreign Corrupt Practices Act 2008: Coping with Heightened Enforcement Risks”. (Coming to San Francisco on 4/16/2008 with live webcast)

It looks pretty interesting since there will be an emphasis on implementing real-world compliance programs and risk management for third party relationships and acquisitions. The FCPA has been on my mind because of this blog, which is an entertaining read, but also a good cautionary tale for all who would do business in China and use Chinese law firms. (see e.g., Lucent a while back) How can you protect your client from getting nailed under the FCPA if you do business with the wrong business… or even worse, the wrong law firm?

Here is some information from PLI:

The past few years have seen a dramatic increase in the number of FCPA investigations and enforcement actions as well as record penalties and settlements. Sarbanes-Oxley and the enactment of similar FCPA laws by the OECD countries, strengthened export control laws and heightened scrutiny of cross-border transactions have opened the door to a much greater risk to U.S. companies and their foreign subsidiaries. As U.S. companies continue to expand their markets and operations overseas, potential exposure to the FCPA increases, and the growing trend of FCPA enforcement will continue as the SEC and DOJ continue to make the FCPA a priority. In many cases, FCPA risks can be managed if you know how. This program, taught by a faculty of leading practitioners and government regulators, will give you the background and tools you need to spot the issues early, develop workable risk management processes and implement effective compliance programs.

What You Will Learn

• Overview of the FCPA - past and present - and its potential impact on your clients
• Comprehensive update on enforcement trends and their implications for U.S. and foreign companies
• How to manage risk in various third-party relationships and acquisitions
• Practical tips on establishing an effective FCPA compliance program
• Strategies for creating a successful compliance culture
• Best practices for conducting due diligence to minimize FCPA exposure
• The nuts and bolts of conducting an FCPA internal investigation
• Insights and practical advice from government enforcement officials and leading defense practitioners during a roundtable discussion of hypothetical cases

The faculty promises to be pretty good, including well known lawyers Brad Brian of Munger Tolles & Olson and Douglas Young of Farella Braun & Martel, among others.

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