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DOJ/SEC Enforcement 2018 Update

Current Developments, New Priorities & Plans

Now in the Spotlight

Thursday, May 10, 2018

8:30 a.m. – 11:00 a.m.

Millennium Hotel

1313 Nicollet Mall



Registration & Breakfast: 8:00 a.m. – 8:30 a.m.; Program: 8:30 a.m. – 11:00 a.m.


  1. SEC, DOJ Recent Developments

  2. Internal and Government Investigations: AML, FCPA, Cyber and other issues

    1. How the Government uses data analytics in making, bringing and prosecuting cases

    2. Cooperation with government authorities in cross-border and multiple jurisdiction matters

    3. Data privacy and protection of client data; impact of GDPR (effective after May 25); E.U. cooperation with U.S. companies; penalties and enforcement

    4. Convergence of FCPA, AML, Cyber and other actions

    5. Waiver of privilege

  3. Corporate and Personal Liability; Self-reporting; growing focus on individuals; impact individual prosecutions have on corporate prosecutions

  4. Whistleblower Program

    1. Record awards (Bank of America, $83 Million), refining your corporate program

    2. Retaliation cases after Digital Realty and new safe harbor

  5. Enforcement Tools: Monitors, CIAs, DPAs, and NPAs; penalties, sanctions, fines, disgorgements and  declinations

  6. M&A and disclosure issues

    1. Integrity due diligence

    2. Sales and business practices

    3. Control issues

    4. M&A in federal court

    5. Financial reporting by issuers

  7. Increased enforcement by countries outside the U.S.

    1. U.K., Europe, Asia focus on corporate accountability, FCPA

    2. Multi-lateral organizations

  8. SEC/ DOJ Cyber Enforcement, Litigation, Examinations and Standards

    1. Focus of the new Cyber Unit

  • Initial Coin Offerings (ICOs), payment and security concerns

          2. Third party and supply chain issues

          3. Disclosures re: hacking, breaches, malware attacks

  9. Update on compliance programs in the era of heightened risk

          1.  Keeping the Board apprised of investigations and regulatory enforcement actions

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