During the past decade, the DOJ has increasingly relied on Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") to resolve allegations of corporate criminal misconduct. DPAs and NPAs occupy a middle ground between a guilty plea that results in a company's criminal conviction and a declination that leaves the matter to a civil or regulatory resolution. In 2010 and 2011 alone, the DOJ and the SEC have entered 69 such agreements with companies, extracting a staggering $7.6 billion in corporate payouts with 5 settlements at $500 million or more and 13 settlements topping $200 million.
Although these agreements can help a company stave off some of the worst consequences of a criminal indictment, they are not quick-fix solutions. In addition to a hefty financial penalty, DPAs and NPAs often require extensive compliance and cooperation obligations and can result in significant future costs and risks. Given that reality, a company facing a government investigation needs to craft a comprehensive strategy for achieving a settlement agreement on acceptable terms while educating its senior leadership on the potential long-term consequences of entering into a DPA or NPA.
In this webcast, practitioners with decades of experience with DPAs/NPAs, corporate monitorships, internal investigations, and compliance programs will discuss the life cycle of a DPA or NPA, including how to set the stage before settlement discussions with the government begin, how to successfully negotiate with the government for the best outcome, how to foster a cooperative relationship with a corporate monitor, and how to mitigate the potential collateral consequences of settlement agreements.
Deferred Prosecution Agreements (“DPAs”) and Non-Prosecution Agreements (“NPAs”) are a relatively recent but significant tool U.S. regulators are increasingly relying on to resolve allegations of corporate misconduct. In short, DPAs and NPAs are agreements by the government to forego enforcement action in exchange for the company’s agreement not to commit further violations of the law and to perform specific compliance and cooperation obligations. In 2011, U.S. regulators have already secured nearly $2 billion in fines and other penalties and are on pace to equal or exceed the number of investigations resolved using these agreements in prior years. In addition to the DOJ’s Fraud Section, which uses DPAs and NPAs as its primary means of resolving corporate FCPA investigations, various other entities including the SEC, DOJ’s Antitrust Division, and numerous U.S. Attorneys’ Offices are increasingly using DPAs and NPAs to settle corporate investigations.
But all settlements are not created equal. Accordingly, companies must actively manage the process to secure the best outcome possible under the facts and circumstances unique to each case. A company’s action (or lack thereof) can often determine whether it receives a DPA or NPA, whether the government requires a corporate monitor, and the amount of fines and penalties that must be paid. In this webcast, practitioners with decades of experience with DPAs/NPAs, corporate monitorships, internal investigations, and compliance programs will discuss the life cycle of an agreement, from start to finish.
The DPA party invitation letters have been sent.
On the eve of the fifth anniversary of the Bribery Act, our panelists will take a look back at the Bribery Act’s pre-school years and what the future looks like.
A lot of water has passed under the bridge since the Bribery Act was passed in the last days of the last Labour government in the UK. Two general elections later and another change of government, the political and legal landscape looks a lot different:
This webinar will cover:
--Deferred Prosecution Agreements: now or never?
--The Bribery Act: How long until a corporate prosecution?
--Failure to prevent fraud offence: Will this new law be passed?
--Penalties: Jail time and fines
Please join us. We look forward to catching up!
In this webinar, we will discuss:
• the joint effort between AT&T, Broadcom and ONF to support ON.Lab’s Central Office Re-architected as Datacenter (CORD) Project
• the specific use case of a SDN based leaf-spine fabric built with bare-metal OCP hardware (using Broadcom switching silicon) and open source switch software, built on top of Broadcom provided SDN reference software, Open Flow Data Plane Abstraction (OF-DPA).
The goal of the joint effort is to provide a pure SDN-based fabric implementing the following:
• standard L2 switching within racks,
• L3 forwarding across racks using MPLS labels between leaf and spine switches, with support for QinQ and IP multicast.
• The entire fabric will be controlled by an ONOS controller cluster. Broadcom’s OF-DPA 2.0 software will be used to program the OpenFlow rules in all the white box switches
Within the development of rapid screening methods to secure the global supply chain, the FDA’s Division of Pharmaceutical Analysis (DPA) has been building Raman spectral libraries for verification of pharmaceutical materials, in conjunction with handheld instruments in the field. Focusing on finished products, we evaluate the spectral library for method specificity, showing high specificity for drugs containing different active ingredients.Read more >
On July 1, 2012, the UK Bribery Act will mark its one-year anniversary. Since going effective one year ago, the UK Bribery Act has had broad and significant consequences for companies in the UK, the US and across the globe.
In this webcast, a panel of leading UK lawyers and professionals will discuss the UK Bribery Act after one year—what we now know, and what we can expect going forward.
This webcast is a “must attend” for general counsel, ethics officers and compliance counsel of any business affected by the UK Bribery Act. Don’t miss this opportunity to hear Vivian Robinson QC, former general counsel to the UK’s Serious Fraud Office now a partner in McGuireWoods London; Barry Vitou, partner in Pinsent Masons LLP’s London office; Richard Kovalevsky QC, 2 Bedford Row; and Julian Glass, Managing Director, FTI Consulting answer your questions and address key topics, including:
•The use of deferred prosecution agreements related to the UK Bribery Act;
•Today’s best practices on “adequate procedures” and what the next phase of training, monitoring, and due diligence should include;
•Clarification on issues such as gifts and hospitality, self-reporting, double-jeopardy, and extra-territoriality; and
•Insights on UK Bribery Act investigations and activity that have been completed and that may be underway