Document
IBA 6th Annual Conference: The Awakening Giant of Anti-Corruption Enforcement
Paris, France
Homer E. Moyer, Jr. will serve as Conference Chair and Moderator of the panel "Cross-border internal investigations."
- The decision to investigate - who decides? How quickly?
- Government-requested investigations
- Structuring investigations: preserving documents; maintaining privilege; inside vs outside investigators
- Role of the audit committee or supervisory board
- Determining the scope of the issue - isolated or systemic?
- EU privacy laws and other constraints on investigation
- Remediation; compliance enhancements; discipline
- Accountants - forensic work, auditors
- How much investigation is enough?
- Voluntary disclosure
Kathryn Atkinson will speak on the panel "Reducing the risks of liability for the acts of third parties."
- Vicarious liability for third parties: comparison of conventions
- Effective due diligence and vetting
- Limits of due diligence
- Red flags: compensation terms, resistance to anti-corruption provisions, imprecise work plans or invoices
- Safeguards: contract provisions, reps and warranties, training, joint performance
- Monitoring the performance, qualifications of agents of re-certifications and updated due diligence
- Auditing agents
- Responding to new red flags, possible issues, and violations