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EU anti-corruption laws have for many years been regarded as less stringent than the US FCPA. This dichotomy has led observers to conclude that European multinationals operate[d] under different, less burdensome rules than their US counterparts.
Times are, however, changing. EU law enforcement authorities and lawmakers have recently taken more vigorous actions to implement their national anti-corruption laws and their obligations under the OECD Anti-Corruption Treaty. EU legislatures have enacted a spate of legislative changes over the past decade, with further reform likely. At the same time EU regulators have become more pro-active and aggressive as evidenced by a number of ongoing investigations, including the recent massive settlement involving Siemens. Moreover, as the Siemens case also demonstrates, EU enforcement authorities are coordinating their activities more frequently with the US Department of Justice.
The question remains, however, whether Europe's standards are consistent with those followed by the US and, if not, how they differ. Many companies with operations in the US and the EU are, moreover, subject to both regimes and must consider carefully how to comply with both. This course, featuring anti-corruption lawyers from both sides of the Atlantic, will present an overview of the US FCPA and the corresponding EU anti-corruption laws. It will then examine the interplay between US and EU enforcement efforts, as well as discuss the emerging trend of multi-jurisdictional investigations. The course is geared for both lawyers and compliance personnel at EU corporations, as well as US multinationals operating in the EU.
**Please stay tuned for upcoming registration information on this program. Call 888-494-3696 and a Federal Publications Seminar representative will address your questions.
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Dates and Locations
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Accreditation
This Program is eligible for:
To be determined (60 minute)
To be determined (50 minute)
This Program is eligible for:
To be determined (CPE) hours of credit
Program Level: To be determined
Program Prerequisite: To be determined
Advance Preparation: To be determined
Method: To be determined
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1. The basics of EU anti-corruption laws
a. OECD convention framework
b. German law
c. Other EU member laws
2. The basics of the FCPA
a. The basics of the statute including elements such as intent, exceptions, recordkeeping vs. bribery provisions, etc.
b. Jurisdictional reach of the statute
i. US companies operating in Europe
ii. European companies listed on US exchanges
iii. European companies with US manufacturing operations
c. The statute as applied to various scenarios
3. Recent EU enforcement actions / strategies for dealing with enforcement authorities
a. Siemens
b. Others actions and corresponding strategies
4. Recent US enforcement actions impacting the EU
a. Siemens
b. Others actions
5. Compliance strategies under both US and EU law
a. Elements of best practices compliance program
b. Industry variations
Patrick M. Norton is a member of the International Department in the Washington office of Steptoe & Johnson LLP. He has extensive experience in international commercial arbitration, anti-corruption investigations, litigation, trade disputes, and regulatory matters. Mr. Norton has been lead counsel in over 100 international arbitrations, anti-corruption investigations, lawsuits, and trade disputes involving Asia, Europe, and the Middle East, and has served as an arbitrator in international disputes under AAA, ICC, and UNCITRAL rules.
Prior to joining Steptoe, Mr. Norton practiced law for more than 20 years with other leading law firms, including more than six years in China. Mr. Norton also served in the US State Department as Assistant Legal Adviser for East Asia and later for the Near East and South Asia. He represented the United States in numerous international negotiations and litigation. For these services, Mr. Norton received awards from two Presidents. He is the author of numerous articles on various topics in public and private international law.
Tom Sprange is a Solicitor Advocate in the London office of Steptoe & Johnson. He is a member of the firm's International Dispute Resolution group. Tom's arbitration and commercial litigation practice centers on large scale litigation and arbitration, with particular emphasis on multi-jurisdictional disputes. He has been involved in arbitration proceedings in the leading arbitration institutes including ICC, AAA, SCC, LCIA and ICSID. His arbitration and litigation experience relates to a variety of legal areas, such as telecommunications, engineering, energy and natural resources, corporate fraud and product liability. He is particularly experienced in fraud claims, Worldwide Freezing Orders and asset tracing.
Accreditation
To be determined
This Program is eligible for:
To be determined (60 minute)
To be determined (50 minute)
This Program is eligible for:
To be determined (CPE) hours of credit
Program Level: To be determined
Program Prerequisite: To be determined
Advance Preparation: To be determined
Method: To be determined
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Register Now for:
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By Phone
Call (888) 494-3696
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