Corporate Governance and FCPA Compliance: The Board's Duties and Obligations
Meeting Duty of Care Requirements, Facilitating Effective Oversight, and Minimizing FCPA Risks
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Tuesday, February 23, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide counsel for corporations and boards on the board's duties concerning FCPA compliance. The panel will examine the board's role in cooperating with government investigations and self-reporting of potential violations. The panel will offer best practices for meeting the duties of the board and ensuring FCPA compliance.
Mr. Martin is senior counsel in the Litigation Department and the Compliance, Investigations & Enforcement Practice Group. Formerly the Associate General Counsel and Chief Compliance Officer (CCO) at global oilfield services providers Baker Hughes and Baker Hughes, a GE company, he has over four decades of experience and is regarded as a leading voice on compliance and enforcement matters.
Ms. Atkinson is the Chair of the firm’s International Department and focuses her practice on the design and implementation of custom-tailored international regulatory compliance programs. She advises clients on corruption issues around the world, compliance with the FCPA and related laws and international treaties. Ms. Atkinson performs compliance audits, trains company personnel and third parties, and works with companies to perform effective due diligence.
Corporate compliance breaks down when the board fails to carry out its duty of care regarding FCPA compliance. Absent effective board oversight, it is more likely that corporate management and employees will disregard company policies and cross the line in violation of the FCPA and other anti-corruption laws.
Increasing anti-corruption enforcement worldwide should have boards taking notice and recognizing their role in minimizing FCPA and anti-corruption risks. In preventing harm to the company and its shareholders, board members serve as watchdogs of the corporation's corruption risks. They play an important role in compliance, cooperation with investigations, and whether to self-disclose potential violations.
With individuals facing prosecution and potentially stiff penalties and board members facing shareholder suits, counsel to both corporations and boards must be prepared to guide their clients on their duties, responsibilities, and essential function in the ongoing effort to minimize anti-corruption risks.
Listen as our authoritative panel examines the role of the board of directors in FCPA compliance and issues such as cooperating with government investigations and self-reporting. The panel will discuss the duties of the board and the areas of potential pitfalls. The panel will provide counsel for the companies and boards with guidance for ensuring FCPA compliance and meeting the board's duties.
- Role of board
- In compliance
- Cooperation with investigations
- Self-reporting
- Duties of the board
- Care
- Oversight
- Potential pitfalls
- Best practices for FCPA compliance
The panel will review these and other key issues:
- What steps should boards and their counsel take to ensure proper oversight of the company's compliance efforts?
- What involvement does the board have in determining whether to self-report potential anti-corruption violations?
- What role do corporate governance failures or complacency have on corporate FCPA compliance? What policies should be in place so that the board meets its duty of care?
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