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Institute Web Brochure - Shop ABA
ns egi b y, tute i t a s d In s dne 4! e W ch r a M The 29th Annual National Institute on White Collar Crime Sheraton New Orleans New Orleans, LA March 4-6, 2015 Visit www.ShopABA.org/2015wcc to register. The 29th Annual National Institute on White Collar Crime Description of Proceedings The 2015 White Collar Crime National Institute will take place from March 4 to 6, 2015, for the twentyninth consecutive year, with a return to New Orleans after a twenty year hiatus. Last year, once again, attendance exceeded 1,100 at this annual gathering of the national white collar bar. The Institute proudly continues to present outstanding panelists who deal with some of the most significant issues of our time. This year we will continue to have the popular regional panels, the women’s panel which will tackle the legal issues associated with gender bias, and an additional plenary session on sentencing in the federal courts. We are delighted that we will have a record 10 federal trial and appellate judges on panels, including United States Circuit Judge Denny Chin as keynote speaker, and United States Circuit Judge Gregg J. Costa as a special guest speaker on Thursday morning, March 5. Over the past twenty-eight years, the Institute has been attended by leading federal and state judges and prosecutors, law enforcement officials, defense attorneys, corporate in-house counsel and members of the academic community. The faculty regularly includes some of the top members of the white collar bar in the United States and abroad. Among the audience are nationally-renowned lawyers, as well as many who are beginning to concentrate in the white collar area. Attendees have consistently given the Institute high ratings for the exceptional quality of its publication, the panelists’ presentations, the valuable updates on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew acquaintances and exchange ideas. This year, we will present a panel for newer, and future, practitioners on the morning of March 4, co-sponsored with Tulane University Law School. One of the keynote plenary panels will, once again, focus on the most significant white collar criminal trials of the past year, while a second one will deal with waivers of the attorney client privilege and work product protection in light of the increasing corporate voluntary disclosures and cooperation with law enforcement agencies and the obligations created by deferred prosecution agreements. We will also have three panels that will qualify for ethics CLE credit. The Institute will have excellent representation from the corporate sector, including senior members of the management, legal and compliance groups of Bank of America, Eli Lilly, The Goodyear Tire & Rubber Company, Morgan Stanley, the New York Public Library, Pfizer, Inc., Standard Chartered Bank, Tishman Speyer, Towers Watson, Wal-Mart, Weatherford, Wells Fargo, XyLAB Technologies, and the Electronic Frontier Foundation. The Institute will also include senior members of the Department of Justice, including Criminal Division Assistant Attorney General Leslie Caldwell, and distinguished members of academia. PROGRAM FOCUS SUBSTANTIVE TOPICS •Ethics – waivers of attorney client privilege and work product protection in the age of voluntary disclosures, cooperation and DPAs •Sentencing in white collar cases •Ethics – representing individuals and obtaining indemnification •Securities enforcement – insider trading •Recent developments and new trends in FCPA enforcement •Ethics in the digital age •Securities enforcement – fraud on the market •Negotiating settlements in FCPA cases; the importance of compliance presentations •Healthcare fraud and abuse •Responding to grand jury subpoenas •Handling cross border investigations •Gender bias and the white collar case •Practical tips for defending white collar cases •Advice for dealing with common issues in white collar cases •Antitrust criminal enforcement •Environmental enforcement •Tax enforcement – domestic and offshore •Cybercrime and national security •Anti-money laundering and asset forfeiture •Economic sanctions and export control •Dealing with Inspectors General •Four panels discussing recent developments in the Northeast, Southern, Midwest and Central, and Western regions ABA CLE National Institutes bring you face-to-face with nationally recognized experts on substantive topics — often while fulfilling most of your annual CLE requirements. White Collar Crime 2015 Sheraton Hotel, New Orleans, LA March 4 - March 6, 2015 Register Now! Early Bird Rate Advance Rate Effective Jan. 7, 2015 Standard Rate Effective Feb. 4, 2015 General Public $1,225 $1,380 $1,475 ABA Members $1,185 $1,275 $1,355 $1,025 $1,100 $1,180 $500 $550 $575 Criminal Justice Section, Solo, Small Firm and General Practice Division, Section of Science & Technology Law and Young Lawyers Division Members Government Lawyers The ABA reserves the right to correct all typographical errors. Fees do not include travel or lodging. To register, visit www.ShopABA.org/2015wcc Presented by Criminal Justice Section Solo, Small Firm and General Practice Division Section of Science & Technology Law Young Lawyers Division Sponsored by Platinum: Gold : Bronze: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC BDO Consulting Flash Drives Sponsor: Cadwalader, Wickersham & Taft LLP Bag Sponsor: Guidepost Solutions LLC Earn up to 11.5 CLE Credits Including 2.75 hours of Ethics Credit Not an ABA Member? Join Now! www.ambar.org/join Faculty *Raymond Banoun Chair of the Institute Cadwalader, Wickersham & Taft LLP Washington, DC Michele L. Adelman Raja Chatterjee Michael G. Freedman United States District Judge Eastern District of Louisiana New Orleans, LA *Pamela R. Chepiga Hon. Paul L. Friedman Simona Agnolucci Hon. Denny Chin Foley Hoag LLP Boston, MA Global Risk Officer Tishman Speyer New York, NY Hon. Lance M. Africk Allen & Overy LLP New York, NY Keker & Van Nest, LLP San Francisco, CA United States Circuit Judge U.S. Court of Appeals for the Second Circuit New York, NY David Angeli Angeli Ungar Law Group Portland, OR *Michael A. Collora Collora LLP Boston, MA Antonia M. Apps Milbank, Tweed, Hadley & McCloy LLP New York, NY Hon. Gregg J. Costa United States Circuit Judge U.S. Court of Appeals for the Fifth Circuit New Orleans, LA Michael Attanasio Cooley LLP San Diego, CA Steven D’Aguanno Jodi L. Avergun Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, PC Los Angeles, CA United States District Judge District of Columbia Washington, DC Scott W. Friestad Assistant Director Division of Enforcement U.S. Securities & Exchange Commission Washington, DC Christopher L. Garcia Weil, Gotshal & Manges LLP New York, NY David Gerger Quinn Emanuel Urquhart & Sullivan LLP Houston, TX Cadwalader, Wickersham & Taft LLP Washington, DC Assistant United States Attorney District of New Jersey Camden, NJ Daniel M. Gitner Prof. Sara Sun Beale Karen L. Davila Hon. John Gleeson *Hon. Bernice B. Donald Gejaa Gobena Charles L. B. Lowndes Professor of Law Duke Law School Durham, NC Senior Associate General Counsel Wal-Mart Stores, Inc. Bentonville, AR Tiffany R. Benjamin United States Circuit Judge U.S. Court of Appeals for the Sixth Circuit Cincinnati, OH Counsel – Litigation and Legal Compliance Eli Lilly and Company Indianapolis, IN Maria R. Durant Thomas H. Bienert, Jr. Collora, LLP Boston, MA Bienert, Miller & Katzman, PLC San Clemente, CA Hon. Jenny A. Durkan Dana J. Boente United States Attorney Eastern District of Virginia Alexandria, VA Bradley J. Bondi Cadwalader, Wickersham & Taft LLP Washington, DC Christine Braamskamp K&L Gates London, England Daniel A. Braun Deputy Chief-Litigation Fraud Section Criminal Division U.S. Department of Justice Washington, DC *Lanny A. Breuer Covington & Burling LLP Washington, DC Kara Novaco Brockmeyer† Chief, FCPA Unit Division of Enforcement U.S. Securities & Exchange Commission Washington, DC Ellen C. Brotman Montgomery McCracken Walker & Rhoads LLP Philadelphia, PA Hon. Leslie R. Caldwell Assistant Attorney General Criminal Division U.S. Department of Justice Washington, DC * Planning Committee Lankler Siffert & Wohl LLP New York, NY United States District Judge Eastern District of New York Brooklyn, NY Chief, Health Care Fraud Unit Deputy Chief, Fraud Division Criminal Division U.S. Department of Justice Washington, DC Gordon A. Greenberg McDermott, Will & Emery LLP Los Angeles , CA United States Attorney Western District of Washington Seattle, WA Gary G. Grindler Charles E. Duross Barry Gross Patty A. Eakes *Thomas M. Guerin *Brian C. Elmer Lynne M. Halbrooks Morrison & Foerster LLP Washington, DC Calfo Harrigan Leyh & Eakes LLP Seattle, WA Crowell & Moring LLP Washington, DC David Fein Group General Counsel Standard Chartered Bank London, England Margery B. Feinzig Wiggin and Dana LLP Stamford, CT Andrew S. Feldman Feldman Firm PLLC Fort Lauderdale, FL *James E. Felman Kynes, Markman & Felman, P.A. Tampa, FL *Alice S. Fisher Latham & Watkins Washington, DC Brandon Fox Deputy Chief Public Corruption and Civil Rights Assistant United States Attorney Central District of California Los Angeles, CA Faculty subject to change without notice. King & Spalding LLP Washington, DC Drinker Biddle & Reath LLP Philadelphia, PA Cadwalader, Wickersham & Taft LLP Washington, DC Principal Deputy Inspector General U.S. Department of Defense Alexandria, VA Deborah Harris Chief; Environmental Crimes Section Environment & Natural Resources Division U.S. Department of Justice Washington, DC Karen P. Hewitt Jones Day LLP San Diego, CA Kirkland L. Hicks Vice President, General Counsel & Secretary Towers Watson Arlington, VA Philip H. Hilder Hilder & Associates, PC Houston, TX Janet C. Hoeffel Associate Professor of Law Tulane University Law School New Orleans, LA † Inivited Faculty (Cont’d.) Laura G. Hoey Saverio Lembo Hon. Michael E. Horowitz Hon. Richard J. Leon Ropes & Gray LLP Chicago, IL Inspector General U.S. Department of Justice Washington, DC Stephen P. Hurley Hurley, Burrish & Stanton Madison, WI *A. Joseph Jay III Cadwalader, Wickersham & Taft LLP Washington, DC Bär & Karrer AG Geneva, Switzerland United States District Judge District of Columbia Washington, DC James B. Letten Grant Thornton LLP McLeen, VA *Janet I. Levine Sean M. Joyce Erin Foley Lewis Daniel S. Kahn Thompson Coburn LLP St. Louis, MO Sharon Cohen Levin Saskia A. Jordan PriceWaterhouseCoopers Forensic Services McLean, VA Jan Paul Miller *Jane W. Moscowitz McDermott Will & Emery LLP Miami, FL Haddon, Morgan and Foreman, PC Denver, CO Vice President, Assistant General Counsel Pfizer Inc. New York, NY Assistant Dean for Experiential Learning Tulane University Law School New Orleans, LA Chief, Asset Forfeiture Unit Assistant United States Attorney Southern District of New York New York, NY Marcos Daniel Jimenez *Stephanie J. Meltzer Crowell & Moring LLP Los Angeles, CA Director, Compliance & Ethics The Goodyear Tire & Rubber Company Akron, OH Moscowitz & Moscowitz PA Miami, FL Bryan C. Moser Gary P. Naftalis Kramer, Levin, Naftalis & Frankel LLP New York, NY Ronald J. Nessim Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC Los Angeles, CA Thomas P. O’Brien Paul Hastings LLP Los Angeles, CA Assistant Chief, Fraud Section Criminal Division U.S. Department of Justice Washington, DC *Gary S. Lincenberg Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC Los Angeles, CA Ryan D. O’Quinn Adam S. Kaufmann Jan Nielsen Little Cynthia E. Hujar Orr Gregory W. Kehoe William J. Lovett Doug Parker Kathryn Keneally Lawrence S. Lustberg Lewis Baach Pllc New York, NY Greenberg Traurig LLP Tampa, FL DLA Piper LLP (US) New York, NY James M. Koukios Senior Deputy Chief, Fraud Section Criminal Division U.S. Department of Justice Washington, DC Lisa M. Krigsten Dentons LLP Kansas City, MO Douglas M. Lankler Executive Vice President & General Counsel Pfizer Inc. New York, NY Ibtissam Lassoued Al Tamimi & Company Dubai, UAE John Lausch Kirkland & Ellis LLP Chicago, IL Michele Wein Layne Regional Director Los Angeles Regional Office U.S. Securities and Exchange Commission Los Angeles, CA Craig Y. Lee Assistant Chief National Criminal Enforcement Section Antitrust Division U.S. Department of Justice Washington, DC Keker & Van Nest LLP San Francisco, CA Collora LLP Boston, MA Gibbons PC Newark, NJ Rebecca Lutzko Assistant United States Attorney Northern District of Ohio Cleveland, OH Jennifer Lynch Electronic Frontier Foundation San Francisco, CA O’Quinn Stumphauzer PL Miami, FL Goldstein, Goldstein & Hilley LLP San Antonio, TX Office of Environmental Criminal Enforcement Environmental Protection Agency Washington, DC *Michael S. Pasano Carlton Fields LLP Miami, FL Steven R. Peikin Sullivan & Cromwell LLP New York, NY Noah B. Perlman Neil H. Macbride Davis, Polk & Wardwell LLP Washington, DC Managing Director, Global Head of Anti-Money Laundering Group Legal and Compliance Morgan Stanley New York, NY John M. Majoras Dianne Ralston Jones Day LLP Columbus, OH *Vincent J. Marella Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC Los Angeles, CA Nina Marino Kaplan Marino LLP Los Angeles, CA Executive Vice President, General Counsel, and Current Secretary Weatherford International PLC Houston, TX Mythili Raman Covington & Burling LLP Washington, DC Jaikumar Ramaswamy Chief, Asset Forfeiture & Money Laundering Section Criminal Division Vice President, General Counsel and U.S. Department of Justice Secretary Washington, DC The New York Public Library New York, NY Monty Raphael, QC Peters & Peters LLP Brian F. McEvoy London, England Chilivis, Cochran, Larkins & Bever LLP Ira H. Raphaelson Atlanta, GA Executive Vice President and Global General Counsel Caroline Judge Mehta Las Vegas Sands Corporation Zuckerman Spaeder LLP South Las Vegas, NV Washington, DC Michele Coleman Mayes Faculty subject to change without notice. * Planning Committee Dr. Arin N. Reeves President Nextions LLC Chicago, IL Charles P. Rettig Hochman, Salkin, Rettig, Toscher & Perez PC Beverly Hills, CA Michele A. Roberts Skadden, Arps, Slate, Meagher & Flom LLP Washington, DC Seth Rodner Managing Director and Chief Operating & Legal Officer Demarche Labs Scottsdale, AZ Ben Rose Hickman & Rose London, United Kingdom Hon. John Roth *Mark P. Schnapp F. Joseph Warin Zaldwaynaka (Z) Scott Donald W. Washington Jack W. Selden Leon W. Weidman Greenberg Traurig LLP Miami, FL Kaye Scholer LLP Chicago, IL Bradley, Arant Boult Cummings LLP Birmingham, AL Mara V. J. Senn Arnold & Porter LLP Washington, DC *William N. Shepherd Holland & Knight LLP West Palm Beach, FL Hon. Amy J. St. Eve United States District Judge Northern District of Illinois Chicago, IL Chief, Securities & Commodities Fraud Task Force Assistant United States Attorney Southern District of New York New York, NY David C. Scheper Scheper Kim & Harris LLP Los Angeles, CA Amsterdam, The Netherlands Dr. Johannes C. Scholtes Chairman and Chief Strategy Officer XyLAB Technologies B.V. Partner Zuckerman Spaeder LLP Tampa, FL Joe D. Whitley Baker, Donelson, Bearman, Caldwell & Berkowitz PC Atlanta, GA Kim Wiatrak David K. Willingham Patrick J. Stokes Leo J. Wise Stroz Friedberg LLP Washington, DC Anjan Sahni Morris Weinberg, Jr. John Reed Stark Kathryn H. Ruemmler Wallace and Beverley Woodbury University, Professor of Law Co-director of the Litigation and Dispute Resolution Program Washington, DC Assistant United States Attorney Chief, Civil Division Central District of California Los Angeles, CA National Diversity & Inclusion PriceWaterhouseCoopers Forensic Services San Francisco, CA Randall A. Smith Prof. Stephen A. Saltzburg Jones Walker LLP Lafayette, LA Smith Fawer LLC New Orleans, LA Inspector General U.S. Department of Homeland Security Washington, DC Latham & Watkins LLP Washington, DC Gibson Dunn LLP Washington, DC Deputy Chief, Fraud Section Criminal Division U.S. Department of Justice Washington, DC Patrice Harris Sullivan Caldwell, Leslie & Proctor PC Los Angeles, CA Assistant United States Attorney District of Maryland Baltimore, MD Julie Myers Wood Assistant United States Attorney Eastern District of Louisiana New Orleans, LA President - Compliance, Federal Practice and Software Solutions Guidepost Solutions LLC New York, NY *Kristofer Swanson Prof. Jonathan J. Wroblewski PricewaterhouseCoopers LLP Chicago, IL Robert W. Tarun Baker & McKenziex LLP San Francisco, CA Hon. Anne M. Tompkins United States Attorney Western District of North Carolina Charlotte, NC Dale Chakarian Turza Cadwalader, Wickersham & Taft LLP Washington, DC Amy Walsh Morvillo LLP New York, NY DOJ Ex Officio Sentencing Commissioner and Observer to the Task Force Harvard Law School Cambridge, MA Debra Wong Yang Gibson Dunn LLP Los Angeles, CA Sheldon T. Zenner Katten Muchin Rosenman LLP Chicago, IL David M. Zinn Williams & Connolly LLP Washington, DC Agenda Agenda subject to change without notice. Wednesday, March 4, 2015 7:00 a.m. Registration 9:30 a.m. Significant Legal Developments in the Regions Panelists will discuss new developments, trends, strategies and arguments in each of the regions. Regional Breakouts Northeast Region Michele L. Adelman, Jodi L. Avergun, Margery B. Feinzig, Lawrence S. Lustberg, Moderator: Amy Walsh South Region Marc D. Jimenez, Brian F. McEvoy, Hon. Anne M. Tompkins, Donald W. Washington Moderator: Jack W. Selden Central and Midwest Regions Stephen P. Hurley, Lisa M. Krigsten, Jan Paul Miller Moderator: Sheldon T. Zenner Western Region David Angeli, Michael Attanasio, Saskia A. Jordan Moderator: Thomas H. Bienert, Jr. 11:00 a.m. Break Out Panels A. Practical Trial Tips from the Frontlines Panelists will provide practical advice for use in trial preparation and during the trial itself, including the use of motions practice, the voir dire, and handling direct and cross examination. Simona Agnolucci, Patty A. Eakes, Rebecca Lutzko, Caroline Judge Mehta, Ryan D. O’Quinn Moderator: Michael G. Freedman B. P ractical Issues in White Collar Criminal Cases (Presented jointly with Tulane Law School) The panel will discuss practical issues that arise in the prosecution and defense of federal criminal white collar cases, including the process from investigation to charging to plea or trial and ultimately sentencing, as well as the ways in which a desire to win can adversely affect the process on both sides. Hon. Lance M. Africk, James B. Letten, Randall A. Smith, Patrice Harris Sullivan Moderator: Michael S. Pasano 12:15 p.m. Lunch on Your Own 2:00 p.m. Welcoming Remarks Raymond Banoun, Chair of the Institute James E. Felman, Co-Chair, ABA Criminal Justice Section 2:15 p.m. Sentencing in White Collar Cases The panel will consider a number of changes to the Guidelines, and in particular to 2B1.1, that were recommended by the ABS CJS Task Force on the Reform of Federal Sentencing for Economic Crimes and that will be considered by the US Sentencing Commission. Prof. Sara Sun Beale, James E. Felman, Hon. John Gleeson, Prof. Jonathan J. Wroblewski Moderator: Prof. Stephen A. Saltzburg Agenda (Cont’d.) 3:45 p.m. Break Out Panels A. Healthcare Fraud and Abuse Panelists will analyze recent trends in government investigations and prosecutions in this area, and consider theories for financial recoveries, elements of an effective compliance program, as well as recent developments involving the False Claims Act, the AntiKickback Act and the Stark Law. Karen L. Davila, Andrew S. Feldman, Gejaa Gobena, Laura G. Hoey, Bryan C. Moser Moderator: Maria R. Durant B. Environmental Enforcement Panelists will discuss recent developments in the law as well as ongoing significant investigations, the continuing focus on the Clean Air Act, and other related statutes. Deborah Harris, John Lausch, Doug Parker Moderator: Philip H. Hilder C. Leveraging Gender Bias to Win Your Case Gender bias is a fact. There is provocative research indicating that gender bias plays a significant role in defending both corporate and individual clients. This panel of globally recognized practitioners will discuss cutting-edge legal strategies and tactics that may be utilized by women to successfully defend their clients, particularly in white collar matters. Janet C. Hoeffel, Michelle Coleman Mayes, Dr. Arin N. Reeves, Zaldwaynaka (Z) Scott, Kim Wiatrak Moderator: Christine Braamskamp 5:00 p.m. Conclusion of the First Day 5:00 p.m. Women in White Collar Cocktail Reception Sponsored by PricewaterhouseCoopers 6:00 p.m. Young Lawyers Reception Eth i Cre cs dit Thursday, March 5, 2015 7:00 a.m. Registration Continues 8:45 a.m. Introductory Remarks Raymond Banoun, Chair of the Institute 9:00 a.m. Reflections on the Stanford Case Hon. Gregg J. Costa, United States Circuit Judge, United States Court of Appeals for the Fifth Circuit 9:15 a.m. Lessons Learned from Recent Major Trials Panelists will discuss some of the critical issues and strategies confronted during the investigation, post indictment, and trial in two of the higher visibility cases during the past year, including the Thompson (obstruction of FBI investigation), Rengan Rajaratnam (insider trading), and Scarfo (acquittal of attorney defendants) matters. Steven D’Aguanno, Brandon Fox, Daniel M. Gitner, Barry Gross, Thomas P. O’Brien Moderator: Ronald J. Nessim 11:00 a.m. Coffee Break Agenda subject to change without notice. 11:15 a.m. Break Out Panels A. The Foreign Corrupt Practices Act – Recent Developments and New Trends The panel will discuss bribery enforcement actions during the past year in the United States and beyond, DOJ and SEC priorities, and “crystal ball” trends, whistleblower rewards, best practices, and “state of the art” corporate compliance programs. Tiffany R. Benjamin, Kara Novaco Brockmeyer, Karen P. Hewitt, Patrick J. Stokes Moderator: Robert W. Tarun B. Internal Investigation of Cross Border Activity - The Challenges and the Strategy Panelists will analyze strategies for representing individual and corporate clients in cross border internal investigations, including how to handle foreign employee interviews, foreign documents, and voluntary disclosure decisions. Raja Chatterjee, Gary G. Grindler, Gregory W. Kehoe, James M. Koukios, Mara V. J. Senn Moderator: Morris Weinberg, Jr. C. Anti-Money Laundering and Asset Forfeiture The panel will focus on recent developments in the money laundering and asset forfeiture areas, and consider various ways to trace, and hurdles (and ways to overcome them) in tracing, assets and collecting evidence in, and out of, the United States, as well as potential defense strategies to limit the effect of money laundering charges. Ibtissam Lassoued, Sharon Cohen Levin, Noah B. Perlman, Jaikumar Ramaswamy, Monty Raphael QC Moderator: Gordon A. Greenberg D. Tax Enforcement – Domestic and Offshore The panel will discuss the IRS and DOJ focus on ever-expanding enforcement against U.S. taxpayers with foreign bank accounts, banks, bankers, and professionals who assisted these taxpayers, as well as on continued actions against fraudulent return preparers, scheme promoters, businesses and individual taxpayers. Hon. Dana J. Boente, Saverio Lembo, William J. Lovett, Charles P. Rettig Moderator: Kathryn Keneally E. Movies, Coke, and Antitrust Like movies and soft drinks, antitrust prosecution is a successful American export. In recent years, the DOJ has charged foreign persons with antitrust violations for foreign conduct in U.S. courts, many of whom have ended up, whether by agreement or extradition, in the BOP. Other countries, however, are reciprocating and prosecuting the same conduct, raising the likelihood that U.S. citizens may soon be facing foreign jails, and U.S. companies paying fines in multiple countries for the same conduct. This panel will explore the globalization of antitrust enforcement. Craig Y. Lee, John M. Majoras, Dianne Ralston, William N. Shepherd Moderator: David Gerger 12:30 p.m. Luncheon Lawrence Barcella, Jr. Memorial Address Keynote Speaker: Hon. Denny Chin, United Circuit Court Judge, United States Court of Appeals for the Second Circuit Agenda (Cont’d.) 2:15 p.m. Break Out Panels A. Negotiating Settlements, Compliance Presentations in Corruption Cases The panel will discuss strategies for negotiating settlements in corruption cases and share their perspectives on how counsel can present their client’s case in the most favorable light possible. Drawing on their experiences on both sides of the negotiating table, panelists will address how successfully communicating compliance efforts can influence the outcome of the government’s investigation. Charles E. Duross, Daniel S. Kahn, Stephanie J. Meltzer, Mythili Raman Moderator: F. Joseph Warin B. Securities Enforcement: 2015 and Beyond This panel will discuss trends in securities enforcement in 2015 and beyond, as they relate to enforcement efforts against financial institutions and asset managers, initiatives such as the SEC’s Financial Reporting and Audit Task Force, corporate settlements, gatekeeper liability, whistleblowers, and increasing role of state AGs and regulators. David Fein, Michele Wein Layne, Gary P. Naftalis, Anjan Sahni Moderator: Christopher L. Garcia Eth ics C. Ethics – The Business of White Collar Defense Work: Ethical, Credi t Practical and Legal Considerations in Getting Paid Forfeitures and seizures of attorney’s fees, and limitations on indemnification by D&O insurers and companies, all wreak havoc on the business of defending individuals and obtaining payment of legal fees. Panelists will discuss how to navigate through the obstacles. Pamela R. Chepiga, Ira H. Raphaelson, Ben Rose, Mark P. Schnapp Moderator: Gary S. Lincenberg D. Responding to Subpoenas The globalization of information, and the increasing reality of concurrent regulatory investigations and actions, legislative inquiries and private civil actions in even routine white collar matters, present myriad issues when confronted with subpoena and determining how to respond to them. These issues, including privacy, privilege and conflicting cross-jurisdictional laws and regulations, will be the focus of this panel. Hon. Bernice B. Donald, Jan Nielsen Little, Seth Rodner, Leon W. Weidman, David K. Willingham Moderator: Janet I. Levine E. Betting the Company: Preventing and Responding to Cyber Breaches? Government agencies and C suites alike are focused in laser beam fashion on protecting classified, sensitive and proprietary data on their networks. However if and when a cyber breach occurs, multiple disclosure obligations arise under federal and state law. Such an event may also trigger disclosure requirements to shareholders and the SEC, banking regulators, state attorney generals, and customers, as well as alerting the FBI. Panelists will explore the roles for in-house and outside counsel in preventing and responding to cyber breaches. Hon. Jenny A. Durkan, Sean M. Joyce, Kathryn H. Ruemmler, John Reed Stark Moderator: Neil H. MacBride 3:30 p.m. Coffee Break Agenda subject to change without notice. 3:45 p.m. Break Out Panels A. Ethics in the Digital Age Eth i Cre cs dit Panelists will discuss the various ethical considerations and obligations in dealing with digital data, including the way in which government and defense attorneys may access it and use it while complying with ethics rules. Ellen C. Brotman, Jennifer Lynch, Cynthia E. Orr, Dr. Johannes C. Scholtes Moderator: Jane W. Moscowitz B. Hot Topics and Emerging Trends in Insider Trading Law This panel will review emerging trends and developments in the law of insider trading, including recent prosecutions, investigations, and regulatory enforcement actions, court decisions, and priorities of the DOJ and SEC, and consider strategies for defending such cases Antonia M. Apps, Scott W. Friestad, Kirkland L. Hicks, Hon. Amy J. St. Eve Moderator: Bradley J. Bondi C. International Double Jeopardy - The Perils of Cross Border Government Investigations Speakers will analyze strategies for responding to parallel, cross border investigations by multiple enforcement authorities, including how to address the challenges of competing jurisdictions and conflicting laws and how to limit exposure in multiple jurisdictions for the same conduct. Daniel A. Braun, Hon. Richard J. Leon, Erin Foley Lewis, Steven R. Peikin, Debra Wong Yang Moderator: David M. Zinn D. Sanctions and Export Control Panelists will discuss the current state of the law and regulations in the areas of economic sanctions and export control, including global enforcement trends and the issues emerging from the implementation of the recent Russia and Ukraine sanctions, and propose strategies for dealing with these developments and the agencies that enforce these laws and regulations. Adam S. Kaufmann, Dale Chakarian Turza, Joe D. Whitley Moderator: Julie Myers Wood E. Dealing with Inspectors General & FBI Inspectors General today investigate internal and external agency fraud, using their own lawyers and federal agents, and can refer matters to DOJ or U.S. Attorney for criminal or civil action, while subject to oversight by Congress. This panel of IGs and a representative AUSA will discuss the jurisdiction, procedures and referral policies of IGs, and the role of defense counsel and the legislature in this process. Lynne M. Halbrooks, Hon. Michael E. Horowitz, Hon. John Roth, Leo J. Wise Moderator: Michael A. Collora 5:00 p.m. Adjourn 5:00 p.m. White Collar Crime Committee Meeting 6:30 p.m. Cocktail Reception Sponsored by: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • BDO Consulting • Bird, LLP, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC • Carlton Fields LLP • Crowell & Moring LLP • GreenbergTraurig LLP • King & Spalding LLP • Latham & Watkins LLP Agenda (Cont’d.) Friday, March 6, 2015 Eth i Cre cs dit 9:00 a.m. Remarks 9:15 a.m. Ethics – Waivers of Privilege and Work Product Protection The panel will address the consequences of voluntary disclosures, cooperation with law enforcement, and settlements through deferred prosecution agreements, on protecting the attorney client privilege and attorney work product, and consider approaches to avoiding being faced with a waiver of these protections. Raymond Banoun, Hon. Leslie R. Caldwell, Hon. Paul L. Friedman, Douglas M. Lankler, Michele A. Roberts Moderator: Lanny A. Breuer 11:00 a.m. Conference Concludes Also from the ABA: ABA Members: $575 Non-ABA Members: $795 ! Register CE1503WCC Step 1: Registration Rates Early Bird Rate Standard Rate Effective Feb. 4, 2015 General Public $1,225 $1,380 $1,475 ABA Members $1,185 $1,275 $1,355 $1,025 $1,100 $1,180 $500 $550 $575 Criminal Justice Section, Solo, Small Firm and General Practice Division, Section of Science & Technology Law, and Young Lawyers Division Members Government Lawyers Advance Rate Effective Jan. 7, 2015 qI qualify for a $50/person group discount. Enter your $50 discount on line 6B. To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Not applicable to government rates. Step 2: Please check one workshop for each day and time slot. Wednesday § March 4, 2015 § Break Out Panels § 3:45 p.m. q A.Healthcare Fraud and Abuse q B.Environmental Enforcement q C.Leveraging Gender Bias to Win Your Case Thursday § March 5, 2015 § Break Out Panels § 11:15 a.m. q A. The Foreign Corrupt Practices Act – Recent Developments and New Trends q B. Internal Investigation of Cross Border Activity – The Challenges and the Strategy q C. Anti-Money Laundering and Asset Forfeiture q D. Tax Enforcement – Domestic and Offshore q E. Movies, Coke, and Antitrust Thursday § March 5, 2015 § Luncheon § 12:30 p.m. q Ticketed event. (This luncheon is an additional $55. All registrants welcome. Space is limited.) Thursday § March 5, 2015 § Break Out Panels § 2:15 p.m. q A. Negotiating Settlements, Compliance Presentations in Corruption Cases q B. Securities Enforcement: 2015 and Beyond q C. Ethics—The Business of White Collar Defense Work: Ethical, Practical and Legal Considerations in Getting Paid q D. Responding to Subpoenas q E. Betting the Company: Preventing and Responding to Cyber Breaches? Thursday § March 5, 2015 § Break Out Panels § 3:45 p.m. q A.Ethics in the Digital Age q B.Hot Topics and Emerging Trends in Insider Trading Law q C.International Double Jeopardy – The Perils of Cross Border Government Investigations q D.Sanctions and Export Control q E.Dealing with Inspectors’ General & FBI Step 3: Section Membership qCriminal Justice Section – $60 q Solo, Small Firm and General Practice Division - $45 q Section of Science & Technology Law- $50 qYoung Lawyers Division – Enroll me in the Young Lawyers Division. Membership in the Young Lawyers Division is free and automatic for all ABA members under 36 years old or admitted to practice for less than 5 years Step 4: Course Materials * Electronic course materials will be provided via download at least 48 hours prior to the start of the Institute. Printed course materials are available on-site for an additional $50 fee. qPlease provide printed course materials on-site for $50. Enter your $50 fee on line 6E. * If you cannot attend, but would like to order the Course Materials, please visit us at www.ShopABA.org/2015wcc or call (800) 285-2221 for pricing and availability. Course materials will be shipped after the event. Register (Cont’d.) CE1503WCC Step 5: Your Information Name Law Firm/Organization Address Suite/Apt. City State Zip Code Telephone Email ABA Member ID The ABA and many of its entities provide content through email. We do not share email addresses with anyone outside the ABA. Step 6: Your Total Due Amount Registration Rate (from Step 1) 6A $ _________________ Three or More People Registering (from Step 1) ($50/person discount. Applicants must register together to receive discount. Not applicable to government rates.) 6B $ _________________ – ABA Criminal Justice Section Enrollment - $45 (from Step 3) 6C + $ _________________ ABA Solo, Small Firm and General Practice Division Enrollment - $45 (from Step 3) 6D + $ _________________ ABA Section of Science & Technology Law Enrollment - $50 (from Step 3)6E + $ _________________ Printed Course Materials - $50 (from Step 4) 6F + $ _________________ White Collar Crime Committee Luncheon - $55 (from Step 2) (ticketed event) 6G + $ _________________ Total $ _________________ Step 7: Payment Information q ABA Credit Card from Bank of America q Check Payable to American Bar Association q q Visa®/MasterCard American Express Name as it appears on Card Account Number Expiration Date Signature ! Step 8: 4 Easy Ways to Register Visit http: www.ShopABA.org/2015wcc Call (800) 285-2221 Fax this form to (312) 988-5850 Complete and mail this form: The American Bar Association Financial Services Dept. CE1503WCC P.O. Box 109078 Chicago, IL 60654-7598 CE1503WCC MCLE The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12.75 CLE credit hours in 60-minute states, including 4.25 ethics credit and 15.30 credit hours, including 5.10 ethics credits in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visit www.ShopABA.org/2015wcc. NASBA The American Bar Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org. Scholarships For more information on scholarships, visit www.americanbar.org/groups/cle/scholarship. Attire Business casual attire is appropriate for all activities. Cancellations Cancellations received five business days or more before the program will receive a full refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA at (800) 285-2221 or fax your request to (312) 988-5850. Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the program course materials after program completion. Services for Persons with Disabilities If special arrangements are required, please contact Melissa Calahan at (312) 988-6181 or [email protected]. Reasonable advance notice is requested. In-Person Registration If you plan to register in person, please call the ABA at least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Cash payments will not be accepted. Program Confirmation Written confirmation of your registration will be sent to you upon receipt. If you do not receive the confirmation notice prior to the program, please call the ABA at (800) 285-2221 at least 24 hours in advance to confirm that your registration was received and that the program is being held as scheduled. Hotel Information Sheraton New Orleans Hotel 500 Canal Street New Orleans, LA 70130 (504) 525-2500 or (888) 627-7033 Single/Double: $229 Hotel Deadline: February 9, 2015. All room rates are subject to city occupancy and sales tax. Mention the ABA’s 29th Annual National Institute on White Collar Crime to receive the special discounted rate. Airline Information Airline discount codes are available for ABA meetings as follows: • American Airlines: Call (800) 433-1790 - Discount Code: A5414SS. Discount NOT available at www.aa.com •U nited Airlines: Call (800) 426-1122; Agreement Code: 461920, Z Code: ZR45. Discount available at www.united.com - Online Discount Code: ZR45461920 • Virgin America Airlines: Go to www.virginamerica.com - Discount Code: VXABA312 More details at www.americanbar.org/travel. Standing Committee on Continuing Legal Education Under the guidance of the Standing Committee on Continuing Legal Education, the Center for Professional Development administers and produces National Institutes, webinars, and other technology-based products and written course materials to assist lawyers’ professional development efforts. Like Us www.facebook.com/americanbarassociation AMERICAN BAR ASSOCIATION 321 N CLARK STREET CHICAGO, ILLINOIS 60654 Follow Us www.twitter.com/abaesq Course Curriculum, Faculty Roster, Early Bird Savings and more! Look inside for The 29th Annual National Institute on White Collar Crime American Bar Association PAID Presort Non-Profit U.S. Postage
