Deterring Corporate Misconduct Through Negotiated Settlements: The Promise and Perils of Corporate Policing

April 5, 2019

The objective of the conference was to bring together academics, enforcement officials from the U.S. and overseas, officials from the OECD and World Bank, general counsels, compliance officers, and white collar defense lawyers for a discussion of how enforcement authorities can most effectively use negotiated corporate criminal resolutions to deter corporate misconduct. The conference began with a discussion of the challenge of ensuring appropriate individual accountability for misconduct. The conference then evaluated the appropriate scope of corporate cooperation and its interaction with the attorney-client privilege. It then considered what impact corporate self-reporting and cooperation should have on the form and magnitude of corporate liability. The last panel discussed the challenges of coordination between multiple enforcers in the U.S. and overseas.

Conference Agenda (PDF: 667 KB)

Keynote Speakers:

Joseph H. Hunt, Assistant Attorney General, Civil Division, U.S. Department of Justice

Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions

Panels:

Panel 1:Ensuring Appropriate Individual Accountability Through Individual Enforcement and Corporate Remediation

Moderator: Pablo Quiñones, Founder, Quiñones Law and Senior Fellow, Program on Corporate Compliance and Enforcement, 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

Panel 2: Full Corporate Cooperation and Appropriate Protection of the Attorney-Client Privilege

Moderator: Geoffrey Miller, Stuyvesant P. Comfort Professor of Law and Academic Senior Fellow, PCCE, NYU School of Law

Panelists:

• Laura Grossfield Birger, Chief, Criminal Division, U.S. Attorney’s Office, Southern District of New York
• James Meadows, Managing Director and Head of Litigation, Investigation and Enforcement, Barclays
• David Meister, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
• Julie O’Sullivan, Professor of Law 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

Keynote Speech

Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions

Panel 3: Corporate Enforcement Policy: Is It Achieving Optimal Deterrence?

Moderator: Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Faculty Director, Program on Corporate Compliance and Enforcement, 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, U.S. Attorney’s Office, 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

Panel 4: Coordination Across Enforcers: Investigations, Cooperation, and Sanctions

Moderator: Allison Caffarone ’03, Executive Director, Program on Corporate Compliance and Enforcement, NYU School of Law

Panelists:

• George Canellos, Partner and Global Head of the Litigation & Arbitration Group, Milbank, Tweed, Hadley & McCloy
• Kevin Davis, Beller Family Professor of Business Law and Senior Academic Fellow, PCCE, NYU School of Law
• Emmanuel Farhat, Senior International Affairs Officer, Agence Française Anticorruption, France
• Alun Milford, Partner, Kingsley Napley, United Kingdom
• Sandra Moser, Partner, Quinn Emanuel Urquhart & Sullivan

Keynote

Joseph H. Hunt, Assistant Attorney General, Civil Division, U.S. Department of Justice