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Registration Opens For The FCPA Institute – Washington, D.C.

Tuesday, May 19th, 2015

FCPA InstituteSince its launch in July 2014, the FCPA Institute has elevated the substantive and practical skills of lawyers, accountants, compliance professionals and business executives from around the world.

After successful events in Milwaukee (July 2014), Miami (January 2015), and Houston (May 2015), the FCPA Institute is next coming to Washington, D.C. on August 13-14th. (Click here for further details and to register).

The FCPA Institute is different from other FCPA conferences as information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience.  Moreover, the FCPA Institute promotes active learning by participants through issue-spotting video exercises, skills exercises, small-group discussions, and the sharing of real-world practices and experiences.

To best facilitate the unique learning experience that the FCPA Institute represents, attendance at each FCPA Institute is capped at 30 participants.

At the end of the FCPA Institute, participants can elect to have their knowledge assessed and can earn a certificate of completion upon passing a written assessment tool.  In this way, successful completion of the FCPA Institute represents a value-added credential for professional development. In addition, attorneys who complete the FCPA Institute may be eligible to receive Continuing Legal Education (“CLE”) credits.

Set forth below is a sampling of what FCPA Institute “graduates” have said about their experience.

  • “Unlike other FCPA conferences where one leaves with a spinning head and unanswered questions, I left the FCPA Institute with a firm understanding of the nuts and bolts of the FCPA, the ability to spot issues, and knowledge of where resources can be found that offer guidance in resolving an issue.  The limited class size of the FCPA Institute ensured that all questions were answered and the interactive discussion among other compliance professionals was fantastic.” (Rob Foster, In-House Counsel, Oil and Gas Company)
  • “The FCPA Institute is very different than other FCPA conferences I have attended.  It was interactive, engaging, thought-provoking and at the completion of the Institute I left feeling like I had really learned something new and useful for my job.  The FCPA Institute is a must-attend for all compliance folks (in-house or external).” (Robert Wieck, CPA, CIA, CFE – Forensic Audit Senior Manager, Oracle Corporation)
  • The FCPA Institute is a top-flight conference that offers an insightful, comprehensive review of the FCPA enforcement landscape.  Professor Koehler’s focus on developing practical skills in an intimate setting really sets it apart from other FCPA conferences.  One of the best features of the FCPA Institute is its diversity of participants and the ability to learn alongside in-house counsel, company executives and finance professionals. (Blair Albom, Associate, Debevoise & Plimpton)
  • “The FCPA Institute was a professionally enriching experience and substantially increased my understanding of the FCPA and its enforcement. Professor Koehler’s extensive insight and practical experience lends a unique view to analyzing enforcement actions and learning compliance best practices. I highly recommend the FCPA Institute to practitioners from all career stages.” (Sherbir Panag, MZM Legal, Mumbia, India)
  • “The FCPA Institute provided an in-depth look into the various forces that have shaped, and that are shaping, FCPA enforcement.  The diverse group of participants provided unique insight into how, at a practical level, various professionals evaluate risk and deal with FCPA issues on a day-to-day basis.  The small group setting, the interactive nature of the event, and the skills assessment test all set the FCPA Institute apart from other FCPA conferences or panel-based events.” (John Turlais, Senior Counsel, Foley & Lardner)

Elevate Your FCPA Knowledge And Practical Skills At The FCPA Institute – Houston

Saturday, April 18th, 2015

FCPA InstituteLearning a new topic or elevating your knowledge and practical skills in a topic is not just for formal students in formal educational settings. Professionals in the workplace can benefit from back to “school” moments as well.  For professionals in the FCPA space – or wishing to join the FCPA space – the FCPA Institute serves this objective.

You can elevate your Foreign Corrupt Practices Act knowledge and practical skills in Houston, Texas at the FCPA Institute on May 4th – 5th.  The FCPA Institute – Houston also provides participants the opportunity to earn CLE credit as well as a value-added professional credential.

The FCPA Institute is different than a typical FCPA conference.  At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience.

Moreover, the FCPA Institute promotes active learning by participants through issue-spotting video exercises, skills exercises, small-group discussions and the sharing of real-world practices and experiences. To best facilitate the unique learning experience that the FCPA Institute represents, attendance at each FCPA Institute is capped at 30 participants.

In short, the FCPA Institute elevates the FCPA learning experience for a diverse group of professionals and is offered as a refreshing and cost-effective alternative to a typical FCPA conference. The goal of the FCPA Institute is simple: to develop and enhance fundamental skills relevant to the FCPA, FCPA enforcement, and FCPA compliance best practices in a stimulating and professional environment with a focus on learning.

The FCPA Institute presents the FCPA not merely as a legal issue, but also as a business, finance, accounting, and auditing issue. The FCPA Institute is thus ideal for a diverse group of professionals such as in-house and outside counsel; compliance professionals; finance, accounting, and auditing professionals; and others seeking sophisticated knowledge and enhanced skills relevant to the FCPA.

Click here to see what these diverse professionals are saying about the FCPA Institute.

FCPA Institute participants not only gain knowledge, practical skills and peer insight, but can also elect to have their knowledge assessed and can earn a certificate of completion upon passing a written assessment tool. In this way, successful completion of the FCPA Institute represents a value-added credential for professional development.  In addition, attorneys who complete the FCPA Institute are also eligible to receive Continuing Legal Education (“CLE”) credits.

Join other firm lawyers, in-house counsel, accounting and auditing professionals and others who have already registered for the FCPA Institute – Houston.

You can register for the FCPA Institute – Houston by clicking here.

Duke’s Season Of Failures

Wednesday, April 8th, 2015

DukeEarlier this week, Duke won the national championship basketball game to cap off a successful season.  By one measure, Duke was thus the most successful team in college basketball this year.

However, it is undisputed that Duke failed many times this year.

For starters, Duke ended the season 35-4 which means that Duke lost 10% of its games.  Duke failed to win the regular season ACC conference championship and also failed to win the ACC tournament conference championship.  The second week of January was a complete failure for Duke as they lost to both unranked North Carolina State and unranked Miami.

Duke’s season statistics also evidence less than perfection in several fundamental categories.  For the year, Duke’s defense ranked 110th in points per game allowed; 53rd in rebounds per game; 134th in blocks per game; and 68th in steals per game.  In short, there were countless teams that performed better than Duke in the above categories.

More generally Duke’s season witnessed several missed easy shots, numerous dumb fouls, and countless unforced turnovers.

So pronounced were Duke’s failures this past season that in January the team dismissed a key player because he ”repeatedly struggled to meet the necessary obligations” expected of players in the program.

Despite Duke’s many failures this past season, the beauty of sports is that success is viewed holistically and not through a narrow segment of time, a discrete statistical category, the specifics of a certain possession, or the actions of just one player.

Yet the point of this post is to contemplate what would have happened to Duke this season if it was a business organization subject to various criminal or civil laws such as the Foreign Corrupt Practices Act.

The short answer is that Duke would have been prosecuted and criticized (by the DOJ and numerous FCPA commentators) for its complete lack of internal controls.  The enforcement theories / comments would have been along the following lines.  That Duke lost 10% of its games is evidence of ineffective internal controls; team that losses twice in one week to unranked teams does not have effective internal controls;  given the key player’s dismissal, Duke surely failed to detect and prevent improper conduct.

After all, FCPA enforcement actions are often based on the enforcement agencies wearing  rose-colored glasses and viewing a multinational business organization with thousands of employees through the prism of just a 1% fail rate, through the prism of just one business transaction, or through the prism of just an incredibly small group of employees.

An interesting clause in most corporate FCPA enforcement actions is that the company conducted a thorough review of its business operations in a number of jurisdictions other than the locus of the alleged FCPA violation.  Yet, in most cases no other improper conduct is alleged in the enforcement action.  This alone is suggestive of effective internal controls regardless of the discrete conduct alleged in the enforcement action.

The holistic view of internal controls is consistent with legal authority, legislative history and enforcement agency guidance.

The FCPA’s internal control provisions are specifically qualified through concepts of reasonableness.

Legislative history instructs that the internal controls provisions standard does not equate to an “unrealistic degree of exactitude or precision.”

The only judicial decision to substantively address the internal controls provisions states:

“It does not appear that either the SEC or Congress, which adopted the SEC’s recommendations, intended that the statute should require that each affected issuer install a fail-safe accounting control system at all costs.”

And even the SEC has stated in internal controls guidance as follows.

“Inherent in this concept [of reasonableness] is a toleration of deviations from the absolute.”

“The test of a company’s internal control system is not whether occasional failings can occur. Those will happen in the most ideally managed company.”

Sports analogies are often useful in other contexts.

The sports analogy in this post demonstrates just how wayward FCPA enforcement has become in many instances.

Who’s Attending The FCPA Institute – Houston

Tuesday, April 7th, 2015

FCPA InstituteIf you want to attend an FCPA conference to “see and be seen” in a ballroom full of people, then the FCPA Institute might not be for you.

If you want to hear FCPA enforcement attorneys read from prepared remarks and respond to scripted questions from a friendly moderator, then the FCPA Institute might not be for you.

If you want to read the biographies of 50+ speakers who will deliver FCPA content in a disjointed fashion, then the FCPA Institute might not be for you.

However, if you want to learn about the FCPA and elevate your FCPA knowledge and practical skills in a professional setting focused on learning where content is delivered in an integrated and cohesive manner, then the FCPA Institute is for you.

If you want to participate in active learning through issue-spotting video exercises, skills exercises, small-group discussions and the sharing of real-world practices and experiences, then the FCPA Institute is for you.

The next FCPA Institute is scheduled for May 4th – 5th in Houston.  Registrants thus far include, among others:  compliance counsel at a leading healthcare company; senior attorneys with oil and gas companies; and in-house counsel with a leading Fortune 500 company.

The FCPA Institute presents the FCPA not merely as a legal issue, but also as a business, finance, accounting, and auditing issue. The FCPA Institute is thus ideal for a diverse group of professionals seeking sophisticated knowledge and enhanced skills relevant to the FCPA.  Moreover, the FCPA Institute – Houston provides participants the opportunity to earn CLE credit as well as a value-added professional credential through a graded written assessment tool.

On the FCPA Compliance and Ethics Blog, Tom Fox recently stated:

“[If the FCPA Professor puts on his FCPA Institute you should attend. Not only will you garner a better understanding of the theoretical underpinnings of the law and the plain words of its text; you will also be able to articulate many of the issues which befall companies caught up in a FCPA investigation to your senior management in a way that will help them understand the need for a robust compliance program.”

Click here to see what other FCPA Institute “graduates” have said about their FCPA Institute experience.

Click here to register for the FCPA Institute – Houston.

Elevate Your FCPA Knowledge And Practical Skills At The FCPA Institute – Houston

Saturday, March 21st, 2015

FCPA InstituteLearning a new topic or elevating your knowledge and practical skills in a topic is not just for formal students in formal educational settings. Professionals in the workplace can benefit from back to “school” moments as well.  For professionals in the FCPA space – or wishing to join the FCPA space – the FCPA Institute serves this objective.

You can elevate your Foreign Corrupt Practices Act knowledge and practical skills in Houston, Texas at the FCPA Institute on May 4th – 5th.  The FCPA Institute – Houston also provides participants the opportunity to earn CLE credit as well as a value-added professional credential.

The FCPA Institute is different than a typical FCPA conference.  At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience.

Moreover, the FCPA Institute promotes active learning by participants through issue-spotting video exercises, skills exercises, small-group discussions and the sharing of real-world practices and experiences. To best facilitate the unique learning experience that the FCPA Institute represents, attendance at each FCPA Institute is capped at 30 participants.

In short, the FCPA Institute elevates the FCPA learning experience for a diverse group of professionals and is offered as a refreshing and cost-effective alternative to a typical FCPA conference. The goal of the FCPA Institute is simple: to develop and enhance fundamental skills relevant to the FCPA, FCPA enforcement, and FCPA compliance best practices in a stimulating and professional environment with a focus on learning.

The FCPA Institute presents the FCPA not merely as a legal issue, but also as a business, finance, accounting, and auditing issue. The FCPA Institute is thus ideal for a diverse group of professionals such as in-house and outside counsel; compliance professionals; finance, accounting, and auditing professionals; and others seeking sophisticated knowledge and enhanced skills relevant to the FCPA.

Click here to see what these diverse professionals are saying about the FCPA Institute.

FCPA Institute participants not only gain knowledge, practical skills and peer insight, but can also elect to have their knowledge assessed and can earn a certificate of completion upon passing a written assessment tool. In this way, successful completion of the FCPA Institute represents a value-added credential for professional development.  In addition, attorneys who complete the FCPA Institute are also eligible to receive Continuing Legal Education (“CLE”) credits.

Join other firm lawyers, in-house counsel, accounting and auditing professionals and others who have already “graduated” from the FCPA Institute.

You can register for the FCPA Institute – Houston by clicking here.