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The 29th Annual National
Institute on White Collar Crime
Sheraton New Orleans
New Orleans, LA
March 4-6, 2015
Visit www.ShopABA.org/2015wcc to register.
The 29th Annual National
Institute on White Collar Crime
Description of Proceedings
The 2015 White Collar Crime National Institute will take place from March 4 to 6, 2015, for the twentyninth consecutive year, with a return to New Orleans after a twenty year hiatus. Last year, once again,
attendance exceeded 1,100 at this annual gathering of the national white collar bar. The Institute
proudly continues to present outstanding panelists who deal with some of the most significant
issues of our time. This year we will continue to have the popular regional panels, the women’s panel
which will tackle the legal issues associated with gender bias, and an additional plenary session on
sentencing in the federal courts. We are delighted that we will have a record 10 federal trial and
appellate judges on panels, including United States Circuit Judge Denny Chin as keynote speaker, and
United States Circuit Judge Gregg J. Costa as a special guest speaker on Thursday morning, March 5.
Over the past twenty-eight years, the Institute has been attended by leading federal and state judges and
prosecutors, law enforcement officials, defense attorneys, corporate in-house counsel and members of
the academic community. The faculty regularly includes some of the top members of the white collar bar
in the United States and abroad. Among the audience are nationally-renowned lawyers, as well as many
who are beginning to concentrate in the white collar area. Attendees have consistently given the Institute
high ratings for the exceptional quality of its publication, the panelists’ presentations, the valuable updates
on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew
acquaintances and exchange ideas. This year, we will present a panel for newer, and future, practitioners
on the morning of March 4, co-sponsored with Tulane University Law School.
One of the keynote plenary panels will, once again, focus on the most significant white collar criminal
trials of the past year, while a second one will deal with waivers of the attorney client privilege and
work product protection in light of the increasing corporate voluntary disclosures and cooperation
with law enforcement agencies and the obligations created by deferred prosecution agreements.
We will also have three panels that will qualify for ethics CLE credit. The Institute will have excellent
representation from the corporate sector, including senior members of the management, legal and
compliance groups of Bank of America, Eli Lilly, The Goodyear Tire & Rubber Company, Morgan
Stanley, the New York Public Library, Pfizer, Inc., Standard Chartered Bank, Tishman Speyer, Towers
Watson, Wal-Mart, Weatherford, Wells Fargo, XyLAB Technologies, and the Electronic Frontier
Foundation. The Institute will also include senior members of the Department of Justice, including
Criminal Division Assistant Attorney General Leslie Caldwell, and distinguished members of academia.
PROGRAM FOCUS
SUBSTANTIVE TOPICS
•Ethics – waivers of attorney client privilege
and work product protection in the age of
voluntary disclosures, cooperation and DPAs
•Sentencing in white collar cases
•Ethics – representing individuals and
obtaining indemnification
•Securities enforcement – insider trading
•Recent developments and new trends in
FCPA enforcement
•Ethics in the digital age
•Securities enforcement – fraud on the
market
•Negotiating settlements in FCPA cases; the
importance of compliance presentations
•Healthcare fraud and abuse
•Responding to grand jury subpoenas
•Handling cross border investigations
•Gender bias and the white collar case
•Practical tips for defending white collar cases
•Advice for dealing with common issues in
white collar cases
•Antitrust criminal enforcement
•Environmental enforcement
•Tax enforcement – domestic and offshore
•Cybercrime and national security
•Anti-money laundering and asset forfeiture
•Economic sanctions and export control
•Dealing with Inspectors General
•Four panels discussing recent
developments in the Northeast, Southern,
Midwest and Central, and Western regions
ABA CLE National Institutes bring you face-to-face with
nationally recognized experts on substantive topics — often
while fulfilling most of your annual CLE requirements.
White Collar Crime 2015
Sheraton Hotel, New Orleans, LA
March 4 - March 6, 2015
Register Now!
Early Bird
Rate
Advance Rate
Effective
Jan. 7, 2015
Standard Rate
Effective
Feb. 4, 2015
General Public
$1,225
$1,380 $1,475 ABA Members
$1,185
$1,275
$1,355
$1,025
$1,100
$1,180 $500
$550
$575
Criminal Justice Section, Solo, Small
Firm and General Practice Division,
Section of Science & Technology Law
and Young Lawyers Division Members
Government Lawyers
The ABA reserves the right to correct all typographical errors.
Fees do not include travel or lodging.
To register, visit www.ShopABA.org/2015wcc
Presented by
Criminal Justice Section
Solo, Small Firm and General Practice Division
Section of Science & Technology Law
Young Lawyers Division
Sponsored by
Platinum:
Gold :
Bronze:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
BDO Consulting
Flash Drives Sponsor: Cadwalader, Wickersham & Taft LLP
Bag Sponsor: Guidepost Solutions LLC
Earn up to
11.5 CLE Credits
Including 2.75 hours of Ethics Credit
Not an ABA Member?
Join Now!
www.ambar.org/join
Faculty
*Raymond Banoun
Chair of the Institute
Cadwalader, Wickersham & Taft LLP
Washington, DC
Michele L. Adelman
Raja Chatterjee
Michael G. Freedman
United States District Judge
Eastern District of Louisiana
New Orleans, LA
*Pamela R. Chepiga
Hon. Paul L. Friedman
Simona Agnolucci
Hon. Denny Chin
Foley Hoag LLP
Boston, MA
Global Risk Officer
Tishman Speyer
New York, NY
Hon. Lance M. Africk
Allen & Overy LLP
New York, NY
Keker & Van Nest, LLP
San Francisco, CA
United States Circuit Judge
U.S. Court of Appeals for the
Second Circuit
New York, NY
David Angeli
Angeli Ungar Law Group
Portland, OR
*Michael A. Collora
Collora LLP
Boston, MA
Antonia M. Apps
Milbank, Tweed, Hadley &
McCloy LLP
New York, NY
Hon. Gregg J. Costa
United States Circuit Judge
U.S. Court of Appeals for the
Fifth Circuit
New Orleans, LA
Michael Attanasio
Cooley LLP
San Diego, CA
Steven D’Aguanno
Jodi L. Avergun
Bird, Marella, Boxer, Wolpert,
Nessim, Drooks & Lincenberg, PC
Los Angeles, CA
United States District Judge
District of Columbia
Washington, DC
Scott W. Friestad
Assistant Director
Division of Enforcement
U.S. Securities & Exchange
Commission
Washington, DC
Christopher L. Garcia
Weil, Gotshal & Manges LLP
New York, NY
David Gerger
Quinn Emanuel Urquhart &
Sullivan LLP
Houston, TX
Cadwalader, Wickersham & Taft LLP
Washington, DC
Assistant United States Attorney
District of New Jersey
Camden, NJ
Daniel M. Gitner
Prof. Sara Sun Beale
Karen L. Davila
Hon. John Gleeson
*Hon. Bernice B. Donald
Gejaa Gobena
Charles L. B. Lowndes
Professor of Law
Duke Law School
Durham, NC
Senior Associate General Counsel
Wal-Mart Stores, Inc.
Bentonville, AR
Tiffany R. Benjamin
United States Circuit Judge
U.S. Court of Appeals for the
Sixth Circuit
Cincinnati, OH
Counsel – Litigation and Legal
Compliance
Eli Lilly and Company
Indianapolis, IN
Maria R. Durant
Thomas H. Bienert, Jr.
Collora, LLP
Boston, MA
Bienert, Miller & Katzman, PLC
San Clemente, CA
Hon. Jenny A. Durkan
Dana J. Boente
United States Attorney
Eastern District of Virginia
Alexandria, VA
Bradley J. Bondi
Cadwalader, Wickersham & Taft LLP
Washington, DC
Christine Braamskamp
K&L Gates
London, England
Daniel A. Braun
Deputy Chief-Litigation
Fraud Section
Criminal Division
U.S. Department of Justice
Washington, DC
*Lanny A. Breuer
Covington & Burling LLP
Washington, DC
Kara Novaco Brockmeyer†
Chief, FCPA Unit
Division of Enforcement
U.S. Securities & Exchange
Commission
Washington, DC
Ellen C. Brotman
Montgomery McCracken
Walker & Rhoads LLP
Philadelphia, PA
Hon. Leslie R. Caldwell
Assistant Attorney General
Criminal Division
U.S. Department of Justice
Washington, DC
* Planning Committee
Lankler Siffert & Wohl LLP
New York, NY
United States District Judge
Eastern District of New York
Brooklyn, NY
Chief, Health Care Fraud Unit
Deputy Chief, Fraud Division
Criminal Division
U.S. Department of Justice
Washington, DC
Gordon A. Greenberg
McDermott, Will & Emery LLP
Los Angeles , CA
United States Attorney
Western District of Washington
Seattle, WA
Gary G. Grindler
Charles E. Duross
Barry Gross
Patty A. Eakes
*Thomas M. Guerin
*Brian C. Elmer
Lynne M. Halbrooks
Morrison & Foerster LLP
Washington, DC
Calfo Harrigan Leyh & Eakes LLP
Seattle, WA
Crowell & Moring LLP
Washington, DC
David Fein
Group General Counsel
Standard Chartered Bank
London, England
Margery B. Feinzig
Wiggin and Dana LLP
Stamford, CT
Andrew S. Feldman
Feldman Firm PLLC
Fort Lauderdale, FL
*James E. Felman
Kynes, Markman & Felman, P.A.
Tampa, FL
*Alice S. Fisher
Latham & Watkins
Washington, DC
Brandon Fox
Deputy Chief
Public Corruption and Civil Rights
Assistant United States Attorney
Central District of California
Los Angeles, CA
Faculty subject to change without notice.
King & Spalding LLP
Washington, DC
Drinker Biddle & Reath LLP
Philadelphia, PA
Cadwalader, Wickersham & Taft LLP
Washington, DC
Principal Deputy Inspector General
U.S. Department of Defense
Alexandria, VA
Deborah Harris
Chief; Environmental Crimes Section
Environment & Natural Resources
Division
U.S. Department of Justice
Washington, DC
Karen P. Hewitt
Jones Day LLP
San Diego, CA
Kirkland L. Hicks
Vice President, General
Counsel & Secretary
Towers Watson
Arlington, VA
Philip H. Hilder
Hilder & Associates, PC
Houston, TX
Janet C. Hoeffel
Associate Professor of Law
Tulane University Law School
New Orleans, LA
† Inivited
Faculty (Cont’d.)
Laura G. Hoey
Saverio Lembo
Hon. Michael E. Horowitz
Hon. Richard J. Leon
Ropes & Gray LLP
Chicago, IL
Inspector General
U.S. Department of Justice
Washington, DC
Stephen P. Hurley
Hurley, Burrish & Stanton
Madison, WI
*A. Joseph Jay III
Cadwalader, Wickersham & Taft LLP
Washington, DC
Bär & Karrer AG
Geneva, Switzerland
United States District Judge
District of Columbia
Washington, DC
James B. Letten
Grant Thornton LLP
McLeen, VA
*Janet I. Levine
Sean M. Joyce
Erin Foley Lewis
Daniel S. Kahn
Thompson Coburn LLP
St. Louis, MO
Sharon Cohen Levin
Saskia A. Jordan
PriceWaterhouseCoopers
Forensic Services
McLean, VA
Jan Paul Miller
*Jane W. Moscowitz
McDermott Will & Emery LLP
Miami, FL
Haddon, Morgan and Foreman, PC
Denver, CO
Vice President, Assistant
General Counsel
Pfizer Inc.
New York, NY
Assistant Dean for Experiential
Learning
Tulane University Law School
New Orleans, LA
Chief, Asset Forfeiture Unit
Assistant United States Attorney
Southern District of New York
New York, NY
Marcos Daniel Jimenez
*Stephanie J. Meltzer
Crowell & Moring LLP
Los Angeles, CA
Director, Compliance & Ethics
The Goodyear Tire & Rubber
Company
Akron, OH
Moscowitz & Moscowitz PA
Miami, FL
Bryan C. Moser
Gary P. Naftalis
Kramer, Levin, Naftalis &
Frankel LLP
New York, NY
Ronald J. Nessim
Bird, Marella, Boxer, Wolpert,
Nessim, Drooks & Lincenberg PC
Los Angeles, CA
Thomas P. O’Brien
Paul Hastings LLP
Los Angeles, CA
Assistant Chief, Fraud Section
Criminal Division
U.S. Department of Justice
Washington, DC
*Gary S. Lincenberg
Bird, Marella, Boxer, Wolpert,
Nessim, Drooks & Lincenberg PC
Los Angeles, CA
Ryan D. O’Quinn
Adam S. Kaufmann
Jan Nielsen Little
Cynthia E. Hujar Orr
Gregory W. Kehoe
William J. Lovett
Doug Parker
Kathryn Keneally
Lawrence S. Lustberg
Lewis Baach Pllc
New York, NY
Greenberg Traurig LLP
Tampa, FL
DLA Piper LLP (US)
New York, NY
James M. Koukios
Senior Deputy Chief, Fraud Section
Criminal Division
U.S. Department of Justice
Washington, DC
Lisa M. Krigsten
Dentons LLP
Kansas City, MO
Douglas M. Lankler
Executive Vice President &
General Counsel
Pfizer Inc.
New York, NY
Ibtissam Lassoued
Al Tamimi & Company
Dubai, UAE
John Lausch
Kirkland & Ellis LLP
Chicago, IL
Michele Wein Layne
Regional Director
Los Angeles Regional Office
U.S. Securities and Exchange
Commission
Los Angeles, CA
Craig Y. Lee
Assistant Chief
National Criminal
Enforcement Section
Antitrust Division
U.S. Department of Justice
Washington, DC
Keker & Van Nest LLP
San Francisco, CA
Collora LLP
Boston, MA
Gibbons PC
Newark, NJ
Rebecca Lutzko
Assistant United States Attorney
Northern District of Ohio
Cleveland, OH
Jennifer Lynch
Electronic Frontier Foundation
San Francisco, CA
O’Quinn Stumphauzer PL
Miami, FL
Goldstein, Goldstein & Hilley LLP
San Antonio, TX
Office of Environmental Criminal
Enforcement
Environmental Protection Agency
Washington, DC
*Michael S. Pasano
Carlton Fields LLP
Miami, FL
Steven R. Peikin
Sullivan & Cromwell LLP
New York, NY
Noah B. Perlman
Neil H. Macbride
Davis, Polk & Wardwell LLP
Washington, DC
Managing Director, Global Head of
Anti-Money Laundering Group
Legal and Compliance
Morgan Stanley
New York, NY
John M. Majoras
Dianne Ralston
Jones Day LLP
Columbus, OH
*Vincent J. Marella
Bird, Marella, Boxer, Wolpert,
Nessim, Drooks & Lincenberg PC
Los Angeles, CA
Nina Marino
Kaplan Marino LLP
Los Angeles, CA
Executive Vice President, General
Counsel, and Current Secretary
Weatherford International PLC
Houston, TX
Mythili Raman
Covington & Burling LLP
Washington, DC
Jaikumar Ramaswamy
Chief, Asset Forfeiture & Money
Laundering Section
Criminal Division
Vice President, General Counsel and U.S. Department of Justice
Secretary
Washington, DC
The New York Public Library
New York, NY
Monty Raphael, QC
Peters & Peters LLP
Brian F. McEvoy
London, England
Chilivis, Cochran, Larkins &
Bever LLP
Ira H. Raphaelson
Atlanta, GA
Executive Vice President and Global
General Counsel
Caroline Judge Mehta
Las Vegas Sands Corporation
Zuckerman Spaeder LLP
South Las Vegas, NV
Washington, DC
Michele Coleman Mayes
Faculty subject to change without notice.
* Planning Committee
Dr. Arin N. Reeves
President
Nextions LLC
Chicago, IL
Charles P. Rettig
Hochman, Salkin, Rettig,
Toscher & Perez PC
Beverly Hills, CA
Michele A. Roberts
Skadden, Arps, Slate,
Meagher & Flom LLP
Washington, DC
Seth Rodner
Managing Director and Chief
Operating & Legal Officer
Demarche Labs
Scottsdale, AZ
Ben Rose
Hickman & Rose
London, United Kingdom
Hon. John Roth
*Mark P. Schnapp
F. Joseph Warin
Zaldwaynaka (Z) Scott
Donald W. Washington
Jack W. Selden
Leon W. Weidman
Greenberg Traurig LLP
Miami, FL
Kaye Scholer LLP
Chicago, IL
Bradley, Arant Boult
Cummings LLP
Birmingham, AL
Mara V. J. Senn
Arnold & Porter LLP
Washington, DC
*William N. Shepherd
Holland & Knight LLP
West Palm Beach, FL
Hon. Amy J. St. Eve
United States District Judge
Northern District of Illinois
Chicago, IL
Chief, Securities & Commodities
Fraud Task Force
Assistant United States Attorney
Southern District of New York
New York, NY
David C. Scheper
Scheper Kim & Harris LLP
Los Angeles, CA
Amsterdam, The Netherlands
Dr. Johannes C. Scholtes
Chairman and Chief Strategy
Officer
XyLAB Technologies B.V.
Partner
Zuckerman Spaeder LLP
Tampa, FL
Joe D. Whitley
Baker, Donelson, Bearman,
Caldwell & Berkowitz PC
Atlanta, GA
Kim Wiatrak
David K. Willingham
Patrick J. Stokes
Leo J. Wise
Stroz Friedberg LLP
Washington, DC
Anjan Sahni
Morris Weinberg, Jr.
John Reed Stark
Kathryn H. Ruemmler
Wallace and Beverley
Woodbury University,
Professor of Law
Co-director of the Litigation and
Dispute Resolution Program
Washington, DC
Assistant United States Attorney
Chief, Civil Division
Central District of California
Los Angeles, CA
National Diversity & Inclusion
PriceWaterhouseCoopers
Forensic Services
San Francisco, CA
Randall A. Smith
Prof. Stephen A. Saltzburg
Jones Walker LLP
Lafayette, LA
Smith Fawer LLC
New Orleans, LA
Inspector General
U.S. Department of Homeland
Security
Washington, DC
Latham & Watkins LLP
Washington, DC
Gibson Dunn LLP
Washington, DC
Deputy Chief, Fraud Section
Criminal Division
U.S. Department of Justice
Washington, DC
Patrice Harris Sullivan
Caldwell, Leslie & Proctor PC
Los Angeles, CA
Assistant United States Attorney
District of Maryland
Baltimore, MD
Julie Myers Wood
Assistant United States Attorney
Eastern District of Louisiana
New Orleans, LA
President - Compliance, Federal
Practice and Software Solutions
Guidepost Solutions LLC
New York, NY
*Kristofer Swanson
Prof. Jonathan J. Wroblewski
PricewaterhouseCoopers LLP
Chicago, IL
Robert W. Tarun
Baker & McKenziex LLP
San Francisco, CA
Hon. Anne M. Tompkins
United States Attorney
Western District of North Carolina
Charlotte, NC
Dale Chakarian Turza
Cadwalader, Wickersham & Taft LLP
Washington, DC
Amy Walsh
Morvillo LLP
New York, NY
DOJ Ex Officio Sentencing
Commissioner and Observer
to the Task Force
Harvard Law School
Cambridge, MA
Debra Wong Yang
Gibson Dunn LLP
Los Angeles, CA
Sheldon T. Zenner
Katten Muchin Rosenman LLP
Chicago, IL
David M. Zinn
Williams & Connolly LLP
Washington, DC
Agenda
Agenda subject to change without notice.
Wednesday, March 4, 2015
7:00 a.m.
Registration
9:30 a.m.
Significant Legal Developments in the Regions
Panelists will discuss new developments, trends, strategies and arguments
in each of the regions.
Regional Breakouts
Northeast Region
Michele L. Adelman, Jodi L. Avergun, Margery B. Feinzig, Lawrence S. Lustberg,
Moderator: Amy Walsh
South Region
Marc D. Jimenez, Brian F. McEvoy, Hon. Anne M. Tompkins, Donald W. Washington
Moderator: Jack W. Selden
Central and Midwest Regions
Stephen P. Hurley, Lisa M. Krigsten, Jan Paul Miller
Moderator: Sheldon T. Zenner
Western Region
David Angeli, Michael Attanasio, Saskia A. Jordan
Moderator: Thomas H. Bienert, Jr.
11:00 a.m.
Break Out Panels
A. Practical Trial Tips from the Frontlines
Panelists will provide practical advice for use in trial preparation and during the trial itself,
including the use of motions practice, the voir dire, and handling direct and cross examination.
Simona Agnolucci, Patty A. Eakes, Rebecca Lutzko, Caroline Judge Mehta, Ryan D. O’Quinn
Moderator: Michael G. Freedman
B. P
ractical Issues in White Collar Criminal Cases
(Presented jointly with Tulane Law School)
The panel will discuss practical issues that arise in the prosecution and defense of federal
criminal white collar cases, including the process from investigation to charging to plea or
trial and ultimately sentencing, as well as the ways in which a desire to win can adversely
affect the process on both sides.
Hon. Lance M. Africk, James B. Letten, Randall A. Smith, Patrice Harris Sullivan
Moderator: Michael S. Pasano
12:15 p.m.
Lunch on Your Own
2:00 p.m.
Welcoming Remarks
Raymond Banoun, Chair of the Institute
James E. Felman, Co-Chair, ABA Criminal Justice Section
2:15 p.m.
Sentencing in White Collar Cases
The panel will consider a number of changes to the Guidelines, and in particular to 2B1.1,
that were recommended by the ABS CJS Task Force on the Reform of Federal Sentencing
for Economic Crimes and that will be considered by the US Sentencing Commission.
Prof. Sara Sun Beale, James E. Felman, Hon. John Gleeson, Prof. Jonathan J. Wroblewski
Moderator: Prof. Stephen A. Saltzburg
Agenda (Cont’d.)
3:45 p.m.
Break Out Panels
A. Healthcare Fraud and Abuse
Panelists will analyze recent trends in government investigations and prosecutions in this
area, and consider theories for financial recoveries, elements of an effective compliance
program, as well as recent developments involving the False Claims Act, the AntiKickback Act and the Stark Law.
Karen L. Davila, Andrew S. Feldman, Gejaa Gobena, Laura G. Hoey, Bryan C. Moser
Moderator: Maria R. Durant
B. Environmental Enforcement
Panelists will discuss recent developments in the law as well as ongoing significant
investigations, the continuing focus on the Clean Air Act, and other related statutes.
Deborah Harris, John Lausch, Doug Parker
Moderator: Philip H. Hilder
C. Leveraging Gender Bias to Win Your Case
Gender bias is a fact. There is provocative research indicating that gender bias plays a
significant role in defending both corporate and individual clients. This panel of globally
recognized practitioners will discuss cutting-edge legal strategies and tactics that may
be utilized by women to successfully defend their clients, particularly in white collar
matters.
Janet C. Hoeffel, Michelle Coleman Mayes, Dr. Arin N. Reeves, Zaldwaynaka (Z) Scott, Kim
Wiatrak
Moderator: Christine Braamskamp
5:00 p.m.
Conclusion of the First Day
5:00 p.m.
Women in White Collar Cocktail Reception
Sponsored by PricewaterhouseCoopers
6:00 p.m.
Young Lawyers Reception
Eth
i
Cre cs
dit
Thursday, March 5, 2015
7:00 a.m.
Registration Continues
8:45 a.m.
Introductory Remarks
Raymond Banoun, Chair of the Institute
9:00 a.m.
Reflections on the Stanford Case
Hon. Gregg J. Costa, United States Circuit Judge, United States Court of Appeals for the
Fifth Circuit
9:15 a.m.
Lessons Learned from Recent Major Trials
Panelists will discuss some of the critical issues and strategies confronted during the
investigation, post indictment, and trial in two of the higher visibility cases during the
past year, including the Thompson (obstruction of FBI investigation), Rengan Rajaratnam
(insider trading), and Scarfo (acquittal of attorney defendants) matters.
Steven D’Aguanno, Brandon Fox, Daniel M. Gitner, Barry Gross, Thomas P. O’Brien
Moderator: Ronald J. Nessim
11:00 a.m.
Coffee Break
Agenda subject to change without notice.
11:15 a.m.
Break Out Panels
A. The Foreign Corrupt Practices Act – Recent Developments and New Trends
The panel will discuss bribery enforcement actions during the past year in the United
States and beyond, DOJ and SEC priorities, and “crystal ball” trends, whistleblower
rewards, best practices, and “state of the art” corporate compliance programs.
Tiffany R. Benjamin, Kara Novaco Brockmeyer, Karen P. Hewitt, Patrick J. Stokes
Moderator: Robert W. Tarun
B. Internal Investigation of Cross Border Activity - The Challenges and the Strategy
Panelists will analyze strategies for representing individual and corporate clients in cross
border internal investigations, including how to handle foreign employee interviews,
foreign documents, and voluntary disclosure decisions.
Raja Chatterjee, Gary G. Grindler, Gregory W. Kehoe, James M. Koukios, Mara V. J. Senn
Moderator: Morris Weinberg, Jr.
C. Anti-Money Laundering and Asset Forfeiture
The panel will focus on recent developments in the money laundering and asset forfeiture
areas, and consider various ways to trace, and hurdles (and ways to overcome them)
in tracing, assets and collecting evidence in, and out of, the United States, as well as
potential defense strategies to limit the effect of money laundering charges.
Ibtissam Lassoued, Sharon Cohen Levin, Noah B. Perlman, Jaikumar Ramaswamy,
Monty Raphael QC
Moderator: Gordon A. Greenberg
D. Tax Enforcement – Domestic and Offshore
The panel will discuss the IRS and DOJ focus on ever-expanding enforcement against
U.S. taxpayers with foreign bank accounts, banks, bankers, and professionals who
assisted these taxpayers, as well as on continued actions against fraudulent return
preparers, scheme promoters, businesses and individual taxpayers.
Hon. Dana J. Boente, Saverio Lembo, William J. Lovett, Charles P. Rettig
Moderator: Kathryn Keneally
E. Movies, Coke, and Antitrust
Like movies and soft drinks, antitrust prosecution is a successful American export. In recent
years, the DOJ has charged foreign persons with antitrust violations for foreign conduct
in U.S. courts, many of whom have ended up, whether by agreement or extradition, in the
BOP. Other countries, however, are reciprocating and prosecuting the same conduct, raising
the likelihood that U.S. citizens may soon be facing foreign jails, and U.S. companies paying
fines in multiple countries for the same conduct. This panel will explore the globalization of
antitrust enforcement.
Craig Y. Lee, John M. Majoras, Dianne Ralston, William N. Shepherd
Moderator: David Gerger
12:30 p.m.
Luncheon
Lawrence Barcella, Jr. Memorial Address
Keynote Speaker: Hon. Denny Chin, United Circuit Court Judge, United States Court of
Appeals for the Second Circuit
Agenda (Cont’d.)
2:15 p.m.
Break Out Panels
A. Negotiating Settlements, Compliance Presentations in Corruption Cases
The panel will discuss strategies for negotiating settlements in corruption cases and
share their perspectives on how counsel can present their client’s case in the most
favorable light possible. Drawing on their experiences on both sides of the negotiating
table, panelists will address how successfully communicating compliance efforts can
influence the outcome of the government’s investigation.
Charles E. Duross, Daniel S. Kahn, Stephanie J. Meltzer, Mythili Raman
Moderator: F. Joseph Warin
B. Securities Enforcement: 2015 and Beyond
This panel will discuss trends in securities enforcement in 2015 and beyond, as they relate
to enforcement efforts against financial institutions and asset managers, initiatives such
as the SEC’s Financial Reporting and Audit Task Force, corporate settlements, gatekeeper
liability, whistleblowers, and increasing role of state AGs and regulators.
David Fein, Michele Wein Layne, Gary P. Naftalis, Anjan Sahni
Moderator: Christopher L. Garcia
Eth
ics
C. Ethics – The Business of White Collar Defense Work: Ethical, Credi
t
Practical and Legal Considerations in Getting Paid
Forfeitures and seizures of attorney’s fees, and limitations on indemnification by D&O insurers
and companies, all wreak havoc on the business of defending individuals and obtaining
payment of legal fees. Panelists will discuss how to navigate through the obstacles.
Pamela R. Chepiga, Ira H. Raphaelson, Ben Rose, Mark P. Schnapp
Moderator: Gary S. Lincenberg
D. Responding to Subpoenas
The globalization of information, and the increasing reality of concurrent regulatory
investigations and actions, legislative inquiries and private civil actions in even routine
white collar matters, present myriad issues when confronted with subpoena and
determining how to respond to them. These issues, including privacy, privilege and
conflicting cross-jurisdictional laws and regulations, will be the focus of this panel.
Hon. Bernice B. Donald, Jan Nielsen Little, Seth Rodner, Leon W. Weidman, David K.
Willingham
Moderator: Janet I. Levine
E. Betting the Company: Preventing and Responding to Cyber Breaches?
Government agencies and C suites alike are focused in laser beam fashion on protecting
classified, sensitive and proprietary data on their networks. However if and when a cyber
breach occurs, multiple disclosure obligations arise under federal and state law. Such
an event may also trigger disclosure requirements to shareholders and the SEC, banking
regulators, state attorney generals, and customers, as well as alerting the FBI. Panelists
will explore the roles for in-house and outside counsel in preventing and responding to
cyber breaches.
Hon. Jenny A. Durkan, Sean M. Joyce, Kathryn H. Ruemmler, John Reed Stark
Moderator: Neil H. MacBride
3:30 p.m.
Coffee Break
Agenda subject to change without notice.
3:45 p.m.
Break Out Panels
A. Ethics in the Digital Age
Eth
i
Cre cs
dit
Panelists will discuss the various ethical considerations and obligations in dealing with
digital data, including the way in which government and defense attorneys may access it
and use it while complying with ethics rules.
Ellen C. Brotman, Jennifer Lynch, Cynthia E. Orr, Dr. Johannes C. Scholtes
Moderator: Jane W. Moscowitz
B. Hot Topics and Emerging Trends in Insider Trading Law
This panel will review emerging trends and developments in the law of insider trading,
including recent prosecutions, investigations, and regulatory enforcement actions, court
decisions, and priorities of the DOJ and SEC, and consider strategies for defending such
cases
Antonia M. Apps, Scott W. Friestad, Kirkland L. Hicks, Hon. Amy J. St. Eve
Moderator: Bradley J. Bondi
C. International Double Jeopardy - The Perils of Cross Border Government
Investigations
Speakers will analyze strategies for responding to parallel, cross border investigations by
multiple enforcement authorities, including how to address the challenges of competing
jurisdictions and conflicting laws and how to limit exposure in multiple jurisdictions for
the same conduct.
Daniel A. Braun, Hon. Richard J. Leon, Erin Foley Lewis, Steven R. Peikin, Debra Wong
Yang
Moderator: David M. Zinn
D. Sanctions and Export Control
Panelists will discuss the current state of the law and regulations in the areas of economic
sanctions and export control, including global enforcement trends and the issues
emerging from the implementation of the recent Russia and Ukraine sanctions, and
propose strategies for dealing with these developments and the agencies that enforce
these laws and regulations.
Adam S. Kaufmann, Dale Chakarian Turza, Joe D. Whitley
Moderator: Julie Myers Wood
E. Dealing with Inspectors General & FBI
Inspectors General today investigate internal and external agency fraud, using their
own lawyers and federal agents, and can refer matters to DOJ or U.S. Attorney for
criminal or civil action, while subject to oversight by Congress. This panel of IGs and a
representative AUSA will discuss the jurisdiction, procedures and referral policies of IGs,
and the role of defense counsel and the legislature in this process.
Lynne M. Halbrooks, Hon. Michael E. Horowitz, Hon. John Roth, Leo J. Wise
Moderator: Michael A. Collora
5:00 p.m.
Adjourn
5:00 p.m.
White Collar Crime Committee Meeting
6:30 p.m.
Cocktail Reception
Sponsored by: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • BDO Consulting •
Bird, LLP, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC • Carlton Fields LLP •
Crowell & Moring LLP • GreenbergTraurig LLP • King & Spalding LLP • Latham & Watkins LLP
Agenda (Cont’d.)
Friday, March 6, 2015
Eth
i
Cre cs
dit
9:00 a.m.
Remarks
9:15 a.m.
Ethics – Waivers of Privilege and Work Product Protection
The panel will address the consequences of voluntary disclosures, cooperation with law
enforcement, and settlements through deferred prosecution agreements, on protecting
the attorney client privilege and attorney work product, and consider approaches to
avoiding being faced with a waiver of these protections.
Raymond Banoun, Hon. Leslie R. Caldwell, Hon. Paul L. Friedman, Douglas M. Lankler,
Michele A. Roberts
Moderator: Lanny A. Breuer
11:00 a.m.
Conference Concludes
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Wednesday § March 4, 2015 § Break Out Panels § 3:45 p.m.
q A.Healthcare Fraud and Abuse
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q C.Leveraging Gender Bias to Win Your Case
Thursday § March 5, 2015 § Break Out Panels § 11:15 a.m.
q A. The Foreign Corrupt Practices Act – Recent Developments and New Trends
q B. Internal Investigation of Cross Border Activity – The Challenges and the Strategy
q C. Anti-Money Laundering and Asset Forfeiture
q D. Tax Enforcement – Domestic and Offshore
q E. Movies, Coke, and Antitrust
Thursday § March 5, 2015 § Luncheon § 12:30 p.m.
q Ticketed event. (This luncheon is an additional $55. All registrants welcome. Space is limited.)
Thursday § March 5, 2015 § Break Out Panels § 2:15 p.m.
q A. Negotiating Settlements, Compliance Presentations in Corruption Cases
q B. Securities Enforcement: 2015 and Beyond
q C. Ethics—The Business of White Collar Defense Work: Ethical, Practical and Legal Considerations
in Getting Paid
q D. Responding to Subpoenas
q E. Betting the Company: Preventing and Responding to Cyber Breaches?
Thursday § March 5, 2015 § Break Out Panels § 3:45 p.m.
q A.Ethics in the Digital Age
q B.Hot Topics and Emerging Trends in Insider Trading Law
q C.International Double Jeopardy – The Perils of Cross Border Government Investigations
q D.Sanctions and Export Control
q E.Dealing with Inspectors’ General & FBI
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Division is free and automatic for all ABA members under 36 years old or admitted to practice for less
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