The UK Bribery Act– Upping the Ante on Anti-Corruption/Anti-Bribery Enforcement

is being presented by Jamie L. Kendall, Esq., Senior Director, with Compliance Implementation Services and airs on Thursday, February 9th, 2012. For more details or to register, please visit our site at www.fxconferences.com

Since 1977, international pharmaceutical manufacturers have had to ensure their local affiliates abide by the Foreign Corrupt Practices Act (FCPA) when interacting with government officials. Just this past April, Johnson & Johnson came to settlement terms with the SEC for FCPA charges to the tune of $48.6 million stemming from allegations of bribing and providing kickbacks to public doctors in Europe and Iraq.

In 2010, the United Kingdom threw its hat into the anti-corruption/anti-bribery ring by enacting the UK Bribery Act, which went into effect July 1, 2011. In an interview with the Daily Telegraph the day it went into effect, the director of the UK Serious Fraud Office emphasized the intention to use the UK Bribery Act to go after non-UK corporations. While most companies may be familiar with best practices to avoid criminal investigations and civil penalties under the FCPA, the UK Bribery Act creates an additional layer of scope and raises the floor of compliance by including parties and actions not contemplated by the FCPA.

Pharmaceutical companies with UK connections will no longer be able to rely on anti-corruption policies and procedures that were predicated solely on FCPA compliance. Indeed, such policies and procedures must now account for the wider net that the UK Bribery Act casts. The enactment of the UK Bribery Act increases fraud and abuse risk exposure and an understanding of its provisions and how it differs from the FCPA is essential for creating a comprehensive compliance policy.

This presentation provides attendees with an overview of the differences between the UK Bribery Act and the FCPA and emphasizes the wider scope the UK Bribery Act represents in the anti-corruption/anti-bribery regulatory and legal framework.

Complying with FCPA and Related Anti-Corruption Measures

is being presented by David F. Axelrod, Managing Member, with Axelrod Laliberte LLP and airs on Wednesday, June 22nd, 2011. For more details, or to register please visit our site at www.fxconferences.com

For the first 20 years of its existence, the Foreign Corrupt Practices Act (FCPA) was rarely used, and EU countries had nothing comparable. More recently, however, the FCPA has been aggressively enforced against individuals, as well as U.S. and foreign companies. Fines have been imposed at unprecedented levels and individuals (including a former U.S. Congressman) jailed. EU governments have also gotten serious about fighting corruption, starting with the 1998 OECD convention against bribery and culminating, so far, with the UK anti-bribery statute.

This audio conference presentation looks at the history, scope and elements of the FCPA, anti-corruption compliance programs, red flags, investigations, and U.S. government expectations for pre-transaction due diligence. It also covers defenses and policy considerations concerning a key exception to liability, facilitating payments. Our speaker also discusses the UK anti-bribery statute and its key differences from the FCPA. Finally, the presentation looks at the relevance of the statute to smaller companies that may have only a limited overseas presence.

Reducing Your Risk Under the FCPA & Other Anti-Corruption Laws

is being presented by Jesse A. Witten, Partner, with Drinker Biddle & Reath LLP and airs on Tuesday, May 14th, 2011. For more details, or to register please visit our site at www.fxconferences.com

The U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have made enforcement of the Foreign Corrupt Practices Act (FCPA) a top priority, especially as it relates to pharmaceutical and medical device manufacturers. No pharmaceutical and device manufacturer can expect to evade a government investigation indefinitely. Even smaller companies need to be able to demonstrate that they exercise due diligence, either in the event of an investigation or if they ever seek to partner or merge with a larger company.

This audio conference presentation provides guidance for companies with international operations on how best to develop and implement a set of internal controls to reduce enforcement risk under the FCPA and other international anti-corruption laws.

FCPA: Critical Issues and Best Practices for Life Sciences Companies

is being presented by Richard C. Smith & John E. Kelly, Partners, with Fulbright & Jaworski LLP and airs on Thursday, April 14th, 2011. For more details, or to register please visit our site at www.fxconferences.com

The U.S. Department of Justice (DOJ) leadership has announced at every opportunity that it is targeting the health care industry for FCPA violations, with a particular focus on pharmaceutical and medical device companies. In 2010, the DOJ followed through on its warnings to the health care industry by notifying at least a dozen pharmaceutical companies that they were under investigation for potential FCPA violations. While FCPA compliance is complex for all industries, the health care industry faces unique FCPA compliance challenges.

This presentation provides an overview of the U.S. Foreign Corrupt Practices Act, as well as other anti-bribery statutes like the new UK Bribery Act, and discusses the impact they have on companies doing business on a global scale. Our speakers review some of the recent investigations and enforcement trends in the life sciences industry, and suggest strategies for mitigating the risk associated with global business practices.

FCPA Compliance Strategies for Medical Device & Pharma Companies

The Foreign Corrupt Practices Act (FCPA) has had a major impact on the way companies conduct business abroad. A U.S. anti-corruption law jointly enforced by the Department of Justice and the Securities and Exchange Commission, its main provisions deal with improper payments to foreign officials and questionable accounting practices used to hide them. Violating the FCPA can result in both criminal and civil penalties, and the requirements are complex, applying to both companies in the U.S. and foreign-based companies subject to U.S. securities laws. Past enforcement actions have crossed industry boundaries and included the pharmaceutical industry. Lately, there has been an increase in FCPA enforcement activity in the medical device industry as well.

In this audio conference, our speakers combine their experience with real-world case studies to provide a clear background on the FCPA requirements and enforcement trends, along with practical compliance strategies to keep device and pharma companies from running afoul of the law.

FCPA Compliance Strategies for Medical Device & Pharma Companies is being presented by Bethany Hills & Michelle Merola, with Hodgson Russ LLP and airs Wednesday, April 1, 2009. For more details or to register for this event, please visit our site www.fxconferences.com

The Foreign Corrupt Practices Act: Compliance Strategies

The Foreign Corrupt Practices Act (FCPA) is a U.S. anti-corruption law jointly enforced by the Department of Justice and the Securities and Exchange Commission. Its main provisions deal with improper payments to foreign offficials and questionable accounting practices to cover up these sorts of transactions. Violating FCPA requirements can result in criminal and civil penalties, and the law has had a major impact on the way companies conduct business abroad. The requirements of the FCPA are complex and apply to both companies in the U.S. and foreign-based companies subject to U.S. securities laws. Past enforcement actions have crossed industry boundaries and included the oil industry, telecommunications and pharmaceuticals. Recently, an increase in FCPA enforcement activity in the medical device industry has caught the attention of CEOs, CFOs, and Marketing and Sales executives.

In this audio conference, our speakers will combine their experience with real-world case studies to provide a clear background on the FCPA requirements and enforcement trends, along with practical compliance strategies to avoid prosecution.

The Foreign Corrupt Practices Act: Compliance Strategies is presented by Bethany Gilbert & Michelle Merola, of Hodgson Russ LLP. For more details please visit our site www.fxconferences.com