eConference

2017 Government Enforcement eConference

Contains material from Nov 2017

2017 Government Enforcement eConference
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The eConference provides a unique opportunity for in-house counsel and practitioners to listen to presentations from high-level current and former government officials from the SEC, DOJ, and other authorities with an enforcement mandate. It brings together a nationally recognized faculty to discuss key issues and strategies for protecting companies and executives in government investigations.

Includes: Audio Paper Slides


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1. Opening Keynote Presentation (Nov 2017)

Benjamin D. Singer

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(mp3)
27 mins
Session 1 —27 mins
Opening Keynote Presentation (Nov 2017)

Originally presented: Oct 2017 Government Enforcement Institute

Benjamin D. Singer, Deputy Chief, Fraud Section, U.S. Department of Justice - Washington, DC

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2. The Administration's Shifting Priorities: What's Hot, What's Not, and What You Need to Know (Nov 2017)

Jim Letten, Ronald J. Tenpas, Sarah Levine

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(mp3)
59 mins
Paper
(pdf)
26 pgs
Session 2 —59 mins
The Administration's Shifting Priorities: What's Hot, What's Not, and What You Need to Know (Nov 2017)

The transition to a new administration has predictably yielded priority shifts—some as expected, some not. Examine the changing enforcement landscape, focusing on those aspects affecting corporations from the Yates memo to health care and corporate immigration exposure.

Originally presented: Oct 2017 Government Enforcement Institute

Jim Letten, Partner, Butler Snow LLP - New Orleans, LA
Ronald J. Tenpas, Partner, Morgan, Lewis & Bockius LLP - Washington, DC
Sarah Levine, Jones Day - Washington, DC

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3. Internal Investigations: The Complexities and Challenges of Multi-National Business Operations (Nov 2017)

Paul E. Pelletier, Patrick J. Conlon, Hank Bond Walther, Kelly Thorman

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(mp3)
54 mins
Slides
(pdf)
2 pgs
Session 3 —54 mins
Internal Investigations: The Complexities and Challenges of Multi-National Business Operations (Nov 2017)

In the wake of the recent federal investigations of Volkswagen/Audi, Petrobras and GSK it is more than obvious that the ramifications of a criminal investigation by the Department of Justice are far reaching, consequential and unpredictable. Being prepared to conduct an internal investigation that mitigates and/or defuses the potential fallout from such an investigation is an essential element of every corporate internal investigation practice. Hear practical advice and lessons learned from both in-house and outside counsel who have handled a multitude of these multi-national internal investigations. 

Originally presented: Oct 2017 Government Enforcement Institute

Paul E. Pelletier, Partner, Pepper Hamilton LLP - Washington, DC
Patrick J. Conlon, Compliance Coordinator and Litigation Counsel, Exxon Mobil Corporation - Houston, TX
Hank Bond Walther, Partner, Jones Day - Washington, DC
Kelly Thorman, Senior Managing Counsel, Global Compliance, Parker Drilling - Houston, TX

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4. The General Counsel and the Independent Auditor: A Critical Relationship (Nov 2017)

Dale E. Barnes, Danny S. Ashby, Ira Raphaelson, Todd C. Ranta

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(mp3)
47 mins
(pdf)
17 pgs
(pdf)
11 pgs
Slides
(pdf)
4 pgs
Session 4 —47 mins
The General Counsel and the Independent Auditor: A Critical Relationship (Nov 2017)

Hear tips for legal departments in interacting with independent auditors during an investigation—when do you disclose information, how do you speak with "one voice" with an auditor, and more.

Originally presented: Oct 2017 Government Enforcement Institute

Dale E. Barnes, Associate General Counsel, Deloitte - San Francisco, CA
Danny S. Ashby, Partner, Morgan, Lewis & Bockius LLP - Dallas, TX
Ira Raphaelson, Managing Member, Ira H Raphaelson PLLC - Washington, DC
Todd C. Ranta, Partner, PwC - Dallas, TX

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5. Financial Fraud Enforcement: Public Companies, the SEC and the DOJ (Nov 2017)

Jason S. Flemmons, Kit Addleman, Alan M. Buie, Michael F. Maloney

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(mp3)
60 mins
Paper
(pdf)
38 pgs
Slides
(pdf)
6 pgs
Session 5 —60 mins
Financial Fraud Enforcement: Public Companies, the SEC and the DOJ (Nov 2017)

An update on the SEC's and DOJ's recent enforcement efforts involving accounting fraud investigations and related litigation.

Originally presented: Oct 2017 Government Enforcement Institute

Jason S. Flemmons, Senior Managing Director, Ankura Consulting Group - Washington, DC
Kit Addleman, Partner, Haynes and Boone, LLP - Dallas, TX
Alan M. Buie, Assistant United States Attorney, United States Attorney's Office, Western District of Texas, Austin Division - Austin, TX
Michael F. Maloney, Chief Accountant, Division of Enforcement, U.S. Securities and Exchange Commission - Washington, DC

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6. False Claims Act: Key Considerations for the General Counsel (Nov 2017)

Robert Wagman, B. Scott McBride, Susan Strawn, Afsheen S. Davis

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(mp3)
59 mins
Paper
(pdf)
27 pgs
Slides
(pdf)
5 pgs
Session 6 —59 mins
False Claims Act: Key Considerations for the General Counsel (Nov 2017)

The Justice Department describes the False Claims Act as “the government’s primary civil remedy to redress false claims for government funds and property under government programs and contracts” and recent changes in legislation, case law and government’s enforcement priorities all point towards increased prosecution utilizing the False Claims Act. Understanding the heightened risks is imperative to keeping an organization out of harm’s way or mitigating the damage when facing potential liability under the False Claims Act.

Originally presented: Oct 2017 Government Enforcement Institute

Robert Wagman, Partner, Bracewell - Washington, DC
B. Scott McBride, Partner, Baker & Hostetler LLP - Houston, TX
Susan Strawn, United States Attorney's Office, Western District of Texas - San Antonio, TX
Afsheen S. Davis, Director, Legal Department and Deputy General Counsel, Texas Children's Hospital - Houston, TX

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7. Reading Tea Leaves: Data Analytics and What Your Company's Numbers Are Telling the Government (Nov 2017)

David R. Woodcock, Scott W. Bauguess

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(mp3)
43 mins
Paper
(pdf)
6 pgs
Paper
(pdf)
6 pgs
(pdf)
22 pgs
Session 7 —43 mins
Reading Tea Leaves: Data Analytics and What Your Company's Numbers Are Telling the Government (Nov 2017)

Originally presented: Oct 2017 Government Enforcement Institute

David R. Woodcock, Partner, Jones Day - Dallas, TX
Scott W. Bauguess, Deputy Chief Economist, U.S. Securities and Exchange Commission and Deputy Director, Division of Economic and Risk Analysis, U.S. Securities and Exchange Commission - Washington, DC

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8. Handling Environmental Actions: The General Counsel's Perspective (Nov 2017)

Ronald J. Tenpas, Richard Byrne, Roger Martella

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(mp3)
54 mins
Paper
(pdf)
15 pgs
Session 8 —54 mins
Handling Environmental Actions: The General Counsel's Perspective (Nov 2017)

Environmental laws and regulations range from the deeply technical to more prosaic record-keeping requirements. Many companies have substantial teams of environmental compliance specialists that combine deep legal and technical understanding without being lawyers. Hear where the General Counsel and outside counsel fit into this compliance and enforcement world.  

Originally presented: Oct 2017 Government Enforcement Institute

Ronald J. Tenpas, Partner, Morgan, Lewis & Bockius LLP - Washington, DC
Richard Byrne, ExxonMobil Pipeline Company - Houston, TX
Roger Martella, General Counsel, GE - Boston, MA

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9. Healthcare Enforcement Issues: Civil and Criminal Developments (Nov 2017)

Jeffrey J. Ansley, Audrey T. Andrews, Deborah Gordon, Brandon Nelson McCarthy

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(mp3)
60 mins
Session 9 —60 mins
Healthcare Enforcement Issues: Civil and Criminal Developments (Nov 2017)

An overview of current government healthcare enforcement priorities, including criminal prosecutions for healthcare fraud and the federal anti-kickback statute, as well as trends in civil False Claims Act cases.

Originally presented: Oct 2017 Government Enforcement Institute

Jeffrey J. Ansley, Partner, Bell Nunnally & Martin LLP - Dallas, TX
Audrey T. Andrews, Senior Vice President and General Counsel, Tenet Healthcare Corporation - Dallas, TX
Deborah Gordon, Chief Legal Officer, Memorial Hermann Health System - Houston, TX
Brandon Nelson McCarthy, Partner, Bracewell - Dallas, TX

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10. FCPA: Perspectives from the Top (Nov 2017)

Charles E. Duross, Kara Novaco Brockmeyer, Jason Rose

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(mp3)
58 mins
Session 10 —58 mins
FCPA: Perspectives from the Top (Nov 2017)

Hear insights into recent FCPA enforcement trends and major developments in FCPA enforcement in 2017, as well as the basics of the FCPA, and key takeaways from specific FCPA cases resolved in the last few years.

Originally presented: Oct 2017 Government Enforcement Institute

Charles E. Duross, Partner, Morrison & Foerster LLP - Washington, DC
Kara Novaco Brockmeyer, Partner, Debevoise & Plimpton - Washington, DC
Jason Rose, Enforcement Attorney, U.S. Securities and Exchange Commission - Fort Worth, TX

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11. Cybersecurity: Important Lessons in Breach Response (Nov 2017)

Sean B. Hoar, Allen Burzen, Shamoil T. Shipchandler, J. Andrew Valentine

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(mp3)
59 mins
Paper
(pdf)
5 pgs
Paper
(pdf)
6 pgs
(pdf)
23 pgs
Session 11 —59 mins
Cybersecurity: Important Lessons in Breach Response (Nov 2017)

Data breach trends in 2017 show an increased sophistication of malware, increased targeting of corporate human resources information (W-2 and other personnel information), unique combinations of social engineering and technical subterfuge to acquire sensitive data for criminal monetization, and malicious damage caused by encryption attacks. It is increasingly difficult for businesses to protect their digital environment, and it is more important than ever before to plan for the inevitable. Hear some lessons learned from years of experience in this area, with an emphasis on proactive approaches to data security, including thorough preparation and a rapid response.

Originally presented: Oct 2017 Government Enforcement Institute

Sean B. Hoar, CISSP, GISP, CIPP/US, Partner and Chair, Data Privacy & Cyber Security Practice, Lewis Brisbois - Portland, OR
Allen Burzen, Referral Partner Manager, AllClear ID - Austin, TX
Shamoil T. Shipchandler, Regional Director, Fort Worth Regional Office, U.S. Securities and Exchange Commission - Fort Worth, TX
J. Andrew Valentine, Associate Managing Director, Cybersecurity and Investigations, Kroll - Dallas, TX

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12. The General Counsel and the Compliance Function: A Marriage Made In... (Nov 2017)

Patrick K. Craine, Brent Benoit, Clay B. Scheitzach

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(mp3)
55 mins
Session 12 —55 mins
The General Counsel and the Compliance Function: A Marriage Made In... (Nov 2017)

A discussion of how legal, risk, compliance, internal audit, and external audit functions interact in different enterprises, with a focus on governance, ethical, and privilege issues that are mitigated or created by various structures.

Originally presented: Oct 2017 Government Enforcement Institute

Patrick K. Craine, Deputy General Counsel, Chief Risk and Compliance Officer, Chesapeake Energy Corporation - Oklahoma City, OK
Brent Benoit, Chief Compliance Officer, National Oilwell Varco - Houston, TX
Clay B. Scheitzach, Associate General Counsel and Chief Compliance Officer, Conduent - Dallas, TX