Deterring Corporate Misconduct Through Negotiated Settlements: The Promise and Perils of Corporate Policing Friday, April 5, 2019 New York University School of Law Lester Pollack Colloquium Room 245 Sullivan Street 9th Floor Faculty Director Executive Director Assistant Director Jennifer H. Arlen Allison Caffarone Michelle Austin Deterring Corporate Misconduct Through Negotiated Settlements: The Promise and Perils of Corporate Policing Friday, April 5, 2019 Conference Objective The objective of the conference is to bring together aca- in whole or in part. Specifically, neither the identity of the demics, enforcement officials from the U.S. and overseas, person who makes a comment nor his or her affiliation officials from the OECD and World Bank, general counsels, (including whether he or she is a government or private- compliance officers, and white collar defense lawyers for sector employee) may be revealed. an off-the-record discussion of how enforcement authori- PCCE does not videotape or otherwise record an event (or ties can most effectively use negotiated corporate criminal any segment of an event) done under this rule, unless oth- resolutions to deter corporate misconduct. The conference erwise noted in the program. will begin with a discussion of the challenge of ensuring appropriate individual accountability for misconduct. The To promote future communication among participants, conference will then evaluate the appropriate scope of cor- PCCE provides a list of conference participants to those porate cooperation and its interaction with the attorney- who attend the conference. PCCE also publishes conference client privilege. It will then consider what impact corporate and roundtable programs, including a list of speakers, on its self-reporting and cooperation should have on the form and website. In addition, PCCE takes photographs of speakers magnitude of corporate liability. The last panel will discuss and attendees, who are included on the PCCE website and the challenges of coordination between multiple enforcers in our brochure. Your attendance at PCCE events constitutes in the U.S. and overseas. permission for us to use your photograph and identifying PCCE Conference Rules information for such purposes. To encourage frank, open analysis of policy issues and the Continuing Legal Education sharing of information, our conferences and roundtables This event has been approved for up to 7 New York State CLE are governed by the following rule: credits in the Areas of Professional Practice category for those Participants are free to use the information received, but who attend the entire event. It is appropriate for newly admit- all content received at this PCCE event is not for attribution, ted attorneys as well as experienced attorneys. IV Conference Agenda 8:40–9:00 A.M. Registration 9:00–9:10 A.M. Opening Remarks 9:10–10:20 A.M. Ensuring Appropriate Individual Accountability Through Individual Enforcement and Corporate Remediation Moderator: Pablo Quiñones, Founder, Quiñones Law, and Senior Fellow, PCCE, NYU School of Law Panelists: Lawrence Gerschwer, Partner, Fried, Frank, Harris, Shriver & Jacobson Brad Karp, Chairman, Paul, Weiss, Rifkind, Wharton & Garrison Sandra Leung, Executive Vice President and General Counsel, Bristol-Myers Squibb Company Matthew Miner, Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice Eugene Soltes, Jakurski Family Associate Professor of Business Administration, Harvard Business School 10:20–10:40 A.M. Coffee/Tea Break 10:40–11:50 A.M. Full Corporate Cooperation and Appropriate Protection of the Attorney-Client Privilege Moderator: Geoffrey Miller, Stuyvesant P. Comfort Professor of Law and Senior Academic Fellow, PCCE, NYU School of Law Panelists: Laura Grossfield Birger, Chief, Criminal Division, U.S. Attorney’s Office, Southern District of New York Leslie Caldwell, Partner, Latham & Watkins and Former Assistant Attorney General, Criminal Division, U.S. Department of Justice James Meadows, Head of Litigation, Investigations and Enforcement, Barclays Julie O’Sullivan, Professor and Associate Dean for Professional Development and External Affairs, Georgetown University Law Center Steven Peikin, Co-Director, Division of Enforcement, U.S. Securities and Exchange Commission 12:00–12:30 P.M. Keynote Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions 1 12:40–1:50 P.M. Networking Lunch Lipton Hall, 110 West 3rd Street (Lower Level) 2:00–3:10 P.M. Corporate Enforcement Policy: Is It Achieving Optimal Deterrence? Moderator: Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Faculty Director, PCCE, NYU School of Law Panelists: Stephen Cutler, Partner, Simpson Thacher & Bartlett Pascale Dubois LL.M. ’87, Vice President, Integrity, The World Bank Group Robert Khuzami, Deputy U.S. Attorney, Southern District of New York, and Former Director, Division of Enforcement, U.S. Securities and Exchange Commission Edward O’Callaghan ’94, Principal Associate Deputy Attorney General, Office of the Deputy Attorney General, U.S. Department of Justice Lisa Osofsky, Director, Serious Fraud Office, United Kingdom 3:10–3:30 P.M. Coffee/Tea Break 3:30–4:40 P.M. Coordination Across Enforcers: Investigations, Cooperation, and Sanctions Moderator: Allison Caffarone ’03, Executive Director, PCCE, NYU School of Law Panelists: George Canellos, Partner and Global Head of the Litigation & Arbitration Group, Milbank, Tweed, Hadley & McCloy Emmanuel Farhat, Senior International Affairs Officer, French Anticorruption Agency, France Alun Milford, Partner, Kingsley Napley, United Kingdom Sandra Moser, Partner, Quinn Emanuel Urquhart & Sullivan Mark Pieth, Professor of Criminal Law and Criminology, University of Basel, Switzerland 4:45–5:30 P.M. Keynote Joseph Hunt, Assistant Attorney General, Civil Division, U.S. Department of Justice 5:30–6:30 P.M. Reception 2 Conference Keynote Speakers Joseph H. Hunt Drago Kos Assistant Attorney General, Chair, OECD Working Group Civil Division, U.S. Depart- on Bribery in International ment of Justice Business Transactions Joseph (Jody) H. Hunt was Drago Kos is currently the Chair confirmed on August 28, of the OECD Working Group on 2018, as Assistant Attorney Bribery in International Busi- General for the Civil Division, ness Transactions, Co-Chair of U.S. Department of Justice the MENA – OECD Business (DOJ). Prior to his appoint- Integrity Network, member of ment, Hunt served in the DOJ for nearly 20 years, includ- the Defence Corruption Monitoring Committee, and on the ing as Director of the Federal Programs Branch in the Civil International Anti-Corruption Advisory Board in Ukraine. Division, where he supervised the government’s litigation Between 2011 and 2015, he was International Commissioner efforts on significant, high-profile, and complex matters in and Chair of the Joint Independent Anti-Corruption Monitor- federal district courts across the country. He also served ing and Evaluation Committee in Afghanistan. Between 2003 as Chief of Staff to Attorney General Sessions prior to his and 2011, he was the Chairman of the Council of Europe’s nomination to lead the DOJ’s Civil Division. Group of States against Corruption (GRECO). The Civil Division is the DOJ’s largest litigating Between 2004 and 2010, he was the first Chairman of the component, with approximately 1,400 employees, including Commission for the Prevention of Corruption in Slovenia. more than 1,000 attorneys. The Civil Division represents Prior to that, he was a Deputy Director of the Slovenian the United States, its departments and agencies, cabinet Criminal Investigation Directorate and the Head of the officers, and executive branch entities in virtually all civil Organised Crime Section of the Slovenian Police. (and certain criminal) litigation matters. The Civil Division’s Since October 2010, he has been a Managing Partner in practice includes both defensive and affirmative litigation R.U.R., LLC, a consultancy company, registered in Slovenia efforts seeking to protect constitutional, statutory, financial, (active in the areas of corporate integrity, prevention of and programmatic interests of the United States. corruption, forensic auditing, due diligence, anti-money Hunt is a 1989 graduate of Columbia Law School. Before laundering, and asset tracing and recovery). joining the DOJ in 1999, he worked as a lawyer in private In 2014, he led the Slovenian Chamber of Commerce’s practice and clerked for the Honorable James H. Hancock Working Group, producing the first Guidelines on Slovenian of the Northern District of Alabama. Corporate Integrity. 3 Crimes. Following her time at the U.S. Attorney’s Office, Birger Moderators and Panelists was a Partner at Cooley LLP, where she focused on white Jennifer H. Arlen collar defense and complex civil litigation. In January 2019, Norma Z. Paige Professor of Law Birger returned to the SDNY, where she currently serves as Faculty Director, Program on Corporate Chief of the Criminal Division. Compliance and Enforcement Allison Caffarone New York University School of Law Executive Director, Program on Corporate Jennifer Arlen ’86 is one of the nation’s leading scholars Compliance and Enforcement on corporate criminal and civil liability and enforcement New York University School of Law policy. She is President of the American Law and Econom- Allison Caffarone ’03 is the Executive ics Association and Co-Founder and former President of Director of the Program on Corporate Compliance and the Society for Empirical