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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