eConference

2016 Government Enforcement eConference

Contains material from Oct 2016

2016 Government Enforcement eConference
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This was extremely well done. I wish I had attended the earlier conferences. This really rounds out my HR pracrtice. thank you.

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The University of Texas School of Law’s 3rd Annual Government Enforcement eConference brings together a nationally recognized faculty for a discussion on key issues and strategies for protecting companies and executives in government investigations. Hear the latest enforcement trends, risk areas and judicial and legislative developments, as well as indispensable insight and practical advice in handling a government investigation.  Just a few of this year's program highlights include:
  • In-House Counsel’s Effective Management of Investigations, provides key considerations for conducting and managing internal investigations and collaborating with external counsel and includes representatives from NIKE, Inc.Chesapeake Energy Corporation, and (formerly) BP.
  • SEC Priorities: The Year Past, The Year Ahead featuring Scott Friestad, Associate Director of the SEC’s Division of Enforcement, and Shamoil T. Shipchandler, Director of the SEC’s Fort Worth Regional Office.
  • Punishing Corporations Isn’t Enough: The Government’s Push to Prosecute Individualsmoderated by Jim Letten, Senior Counsel with Butler Snow LLP, and former U.S. Attorney, looks at the implications of the Yates Memo and increased efforts to prosecute individuals in corporate fraud cases.
  • Surviving Internal Investigation and Prosecution with former GC of a major technology firm, Kent Roberts, discusses the dynamics of an internal investigation including Roberts’ own experience being indicted by the SEC during the options backdating scandal.
  • Cybersecurity for Business Infrastructure with information security and cyber risk leads from Chevron and Calpine Corporation.
  • When Bad Things Happen to Good Companies: Managing Catastrophic Environmental Risks, features EPA Regional Counsel, James O’Rourke Payne, and LyondellBasell Lead Counsel, Steve Cook, and discusses essential preparations and post-incident strategies for managing an environmental crisis.
  • Whistleblowers: The Challenges for In-House Counsel provides key strategies and considerations for successfully navigating the challenges posed to companies by whistleblowers.
  • Corporate Families, Board Committees and the Ethical Issues They Present with Randall M. Ebner, Assistant General Counsel with Exxon Mobil Corporations, and John K. Villa of Williams & Connolly LLP uses a hypothetical scenario to highlight the ethical problems and professional conflicts for corporate lawyers who advise companies and boards.

Includes: Audio Paper Slides


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1. Opening Keynote (Oct 2016)

Shamoil T. Shipchandler

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(mp3)
32 mins
Session 1 —32 mins
Opening Keynote (Oct 2016)

Originally presented: Sep 2016 Government Enforcement Institute

Shamoil T. Shipchandler, Regional Director, U.S. Securities and Exchange Commission - Fort Worth, TX

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2. In-House Counsel’s Effective Management of Investigations (Oct 2016)

Bridget Moore, Patrick Craine, Ritu Gupta, Casey P. Kaplan, James J. Neath

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(mp3)
57 mins
(pdf)
11 pgs
Session 2 —57 mins
In-House Counsel’s Effective Management of Investigations (Oct 2016)

Hear key considerations for conducting and managing internal investigations and collaborating with external counsel in responding to government inquiries, including achieving cost effectiveness and significant ethical considerations.

Originally presented: Sep 2016 Government Enforcement Institute

Bridget Moore, Partner, Baker Botts - Washington, DC
Patrick Craine, Deputy General Counsel, Chief Risk and Compliance Officer, Chesapeake Energy Corporation - Oklahoma City, OK
Ritu Gupta, Executive Director-Senior Legal Counsel Litigation, AT&T Services, Inc. - Bellaire, TX
Casey P. Kaplan, Assistant General Counsel - Litigation and Investigations, NIKE, Inc. - Portland, OR
James J. Neath, Associate General Counsel - Global Litigation & Environmental (Retired), BP - Houston, TX

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3. SEC Priorities: The Year Past, The Year Ahead (Oct 2016)

Thomas J. Krysa, Kit Addleman, Scott W. Friestad, Shamoil T. Shipchandler

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(mp3)
44 mins
(pdf)
80 pgs
(pdf)
15 pgs
Session 3 —44 mins
SEC Priorities: The Year Past, The Year Ahead (Oct 2016)

A survey of recent SEC enforcement priorities and insights into the perils that may lie ahead.

Originally presented: Sep 2016 Government Enforcement Institute

Thomas J. Krysa, Shareholder, Brownstein Hyatt Farber Schreck, LLP - Denver, CO
Kit Addleman, Partner, Haynes and Boone, LLP - Dallas, TX
Scott W. Friestad, Associate Director, Division of Enforcement, U.S. Securities and Exchange Commission - Washington, DC
Shamoil T. Shipchandler, Regional Director, U.S. Securities and Exchange Commission - Fort Worth, TX

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4. The Audit Committee and Government Enforcement: Where the Buck Stops (Oct 2016)

Jason S. Flemmons, Barbara Duganier, N. Scott Fletcher, David L. Peavler

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(mp3)
58 mins
(pdf)
8 pgs
Session 4 —58 mins
The Audit Committee and Government Enforcement: Where the Buck Stops (Oct 2016)

An examination of the increasing role that the audit committee plays in overseeing internal and external investigations; the government's perception of that role; what audit committees expect from the company’s counsel, external counsel and auditors; and best practices for navigating the many constituencies involved—auditors, regulators, investors and management.

Originally presented: Sep 2016 Government Enforcement Institute

Jason S. Flemmons, Senior Managing Director, Ankura Consulting Group - Washington, DC
Barbara Duganier, Corporate Director, Buckeye Partners, L.P. and MRC Global - Houston, TX
N. Scott Fletcher, Partner, Jones Day - Houston, TX
David L. Peavler, Associate Regional Director, U.S. Securities and Exchange Commission - Fort Worth, TX

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5. Cybersecurity for Business Infrastructure (Oct 2016)

Mark L. Krotoski, Todd A. MacGregor, Allan Manuel, Annessa McKenzie

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(mp3)
56 mins
(pdf)
16 pgs
(pdf)
13 pgs
Session 5 —56 mins
Cybersecurity for Business Infrastructure (Oct 2016)

With the high level of attention on consumer-side data breaches, who is watching the infrastructure? Utilities, pipeline and the “internet of things” remain vulnerable to cyber-attacks. Learn how you can protect your company’s infrastructure and the likely regulatory repercussions in the event of an attack.

Originally presented: Sep 2016 Government Enforcement Institute

Mark L. Krotoski, Partner, Morgan, Lewis & Bockius LLP - Palo Alto, CA
Todd A. MacGregor, Lead, Threat Intelligence, Chevron Information Technology Corporation - Houston, TX
Allan Manuel, Deputy CIO for Enterprise Policy, Portfolio Management & Governance, U.S. Department of Energy - Washington, DC
Annessa McKenzie, Director, Enterprise Information Security and Cyber Risk, Calpine Corporation - Houston, TX

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6. Punishing Corporations Isn’t Enough: The Government’s Push to Prosecute Individuals (Oct 2016)

Jim Letten, Jeffrey J. Ansley, Charles E. Duross, Paul E. Pelletier

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(mp3)
45 mins
(pdf)
14 pgs
(pdf)
9 pgs
Session 6 —45 mins
Punishing Corporations Isn’t Enough: The Government’s Push to Prosecute Individuals (Oct 2016)

A look at the implications of the Yates Memo, and the reinvigorated efforts of government agencies focusing their enforcement efforts on prosecuting individuals in corporate fraud cases.

Originally presented: Sep 2016 Government Enforcement Institute

Jim Letten, Senior Counsel, Butler Snow LLP - New Orleans, LA
Jeffrey J. Ansley, Partner, Bell Nunnally & Martin LLP - Dallas, TX
Charles E. Duross, Partner, Morrison & Foerster LLP - Washington, DC
Paul E. Pelletier, Partner, Pepper Hamilton LLP - Washington, DC

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7. Whistleblowers: The Challenges for In-House Counsel (Oct 2016)

Kevin Edmundson, Chip Jones, Jane Norberg, Jordan A. Thomas

1.00 0.25 0.00
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(mp3)
53 mins
(pdf)
101 pgs
(pdf)
15 pgs
(pdf)
30 pgs
Session 7 —53 mins
Whistleblowers: The Challenges for In-House Counsel (Oct 2016)

An exploration of the myriad challenges posed for companies by whistleblowers, as well as viable strategies for successfully negotiating the difficult obstacles presented.

Originally presented: Sep 2016 Government Enforcement Institute

Kevin Edmundson, Edmundson PLLC - Spicewood, TX
Chip Jones, Shareholder, Littler Mendelson P.C. - Dallas, TX
Jane Norberg, Acting Chief, Office of the Whistleblower, U.S. Securities and Exchange Commission - Washington, DC
Jordan A. Thomas, Chair - Whistleblower Representation Practice, Labaton Sucharow LLP - New York, NY

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8. Surviving Internal Investigations and Prosecution:  A General Counsel’s Personal Experience (Oct 2016)

Peter J. Henning, Kent Hart Roberts

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(mp3)
45 mins
(pdf)
35 pgs
(pdf)
8 pgs
Session 8 —45 mins
Surviving Internal Investigations and Prosecution:  A General Counsel’s Personal Experience (Oct 2016)

Peter Henning and Kent Roberts, the former General Counsel of a major technology firm, will discuss the dynamics of an internal investigation and the risks that lawyers and compliance officers can face in responding to a government inquiry, including Roberts’ experience being indicted and then sued by the SEC during the options backdating scandal.

Originally presented: Sep 2016 Government Enforcement Institute

Peter J. Henning, Professor of Law, Wayne State University Law School - Detroit, MI
Kent Hart Roberts, Attorney at Law - Dallas, TX

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9. Protecting Intellectual Property: Will Criminal Authorities Help? (Oct 2016)

Alan M. Buie, Bruce P. Keller, Brandon N. McCarthy, Paul Yanowitch

1.00 0.00 0.00
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(mp3)
56 mins
(pdf)
92 pgs
Session 9 —56 mins
Protecting Intellectual Property: Will Criminal Authorities Help? (Oct 2016)

A review of the relevant law and the workings of intellectual property investigations and prosecutions, as well as key steps that companies can take to increase the likelihood that criminal authorities will take action.

Originally presented: Sep 2016 Government Enforcement Institute

Alan M. Buie, Assistant U.S. Attorney, United States Attorney's Office, Western District of Texas, Austin Division - Austin, TX
Bruce P. Keller, Assistant U.S. Attorney, United States Attorney's Office, District of New Jersey - Newark, NJ
Brandon N. McCarthy, Partner, K&L Gates LLP - Dallas, TX
Paul Yanowitch, Assistant U.S. Attorney, United States Attorney's Office, Northern District of Texas, Dallas Division - Dallas, TX

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10. When Bad Things Happen to Good Companies: Managing Catastrophic Environmental Risks (Oct 2016)

James J. Dragna, Steven Cook, Suzanne Beaudette Murray, James O’ Rourke Payne Jr.

1.00 0.00 0.00
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(mp3)
63 mins
(pdf)
4 pgs
(pdf)
11 pgs
Slides
(pdf)
5 pgs
Session 10 —63 mins
When Bad Things Happen to Good Companies: Managing Catastrophic Environmental Risks (Oct 2016)

This panel discusses essential preparations for an environmental crisis and offers insights into post crisis issues like communications, multi post-incident investigations, emergency legislation and regulatory action, and the adverse attention that a crisis brings, all while keeping a company afloat.  

Originally presented: Sep 2016 Government Enforcement Institute

James J. Dragna, Partner, Morgan Lewis & Bockius LLP - Los Angeles, CA
Steven Cook, Lead Counsel Global HSE, LyondellBasell - Houston, TX
Suzanne Beaudette Murray, Partner, Haynes and Boone, LLP - Dallas, TX
James O’ Rourke Payne Jr., Regional Counsel, Environmental Protection Agency Region 6 - Dallas, TX

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11. Corporate Families, Board Committees and the Ethical Issues They Present (Oct 2016)

Randall M. Ebner, Rebecca A. Gregory, John K. Villa

1.00 1.00 0.00
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(mp3)
59 mins
(pdf)
12 pgs
Session 11 —59 mins
Corporate Families, Board Committees and the Ethical Issues They Present (Oct 2016)

Government investigations and shareholder claims and complaints can place huge stresses on the modern corporation, often forcing it to investigate itself and causing internal personal and professional conflicts in its senior management and board. These pressures create difficult ethical problems for corporate lawyers who advise companies, boards and board committees. Using a hypothetical scenario, this panel provides practitioners with guidance for some of these problems. 

Originally presented: Sep 2016 Government Enforcement Institute

Randall M. Ebner, Assistant General Counsel-Compliance and Corporate, Exxon Mobil Corporation - Irving, TX
Rebecca A. Gregory, Adjunct Faculty, SMU Dedman School of Law - Dallas, TX
John K. Villa, Partner, Williams & Connolly LLP - Washington, DC