Category: Conferences

Past & Upcoming Seminars & Webcasts

July 29th, 2010

Judgment Day: The Supreme Court Rule on Honest Services Fraud: Understanding the Outcome and its Ramifications – Audio Recording can be found here

False Claims Act – Whistleblower Protection Blog states that on Friday, July 23, 2010, the National Whistleblower Center (NWC) hosted a seminar on the False Claims Act that included a special presentation on the Dodd-Frank Wall Street Reform and Consumer Protection Act that was recently signed into law. Stephen M. Kohn, Executive Director of the National Whistleblower Center, gave the presentation. To obtain the materials from this conference, see here

Bruce Carton, Securities Docket, Beyond the FCPA: Anti-Corruption Enforcement Goes Global
Channel: Securities Litigation and Enforcement Channel - see here

ALIABA, Internal Investigations in the Real World: Attorney-Client Privilege, Work-Product Doctrine, and Beyond here

ABA, Fifth Annual National Institute on Securities Fraud here

ABA, The Supreme Court’s Ruling on Honest Services Fraud:

Strafford Webinars, Foreign Corrupt Practices Act in the MIddle East here

Sept 30- Oct.1, 2010 –6th Annual Defending the White Collar Case Seminar – NACDL and the Louis Stein Center for Law & Ethics at Fordham University Law School

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Upcoming Conferences

July 13th, 2010

July 14, 2010- ABA/NACDL Program – The Supreme Court Rules on Honest Services, 4 p.m. – 6 p.m. EDT-American Bar Association, 740 15th Street, N.W., Washington, D.C., John Marshal Conference Room, 9th FL – Wine and light fare will be served. Please RSVP to snoddyr@staff.abanet.org if you plan on attending.

Sept 30- Oct.1, 2010 –6th Annual Defending the White Collar Case Seminar – NACDL and the Louis Stein Center for Law & Ethics at Fordham University Law School

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Upcoming Conferences

June 20th, 2010

Analysis Group, Webcast: White Collar Criminal and SEC Cases – New Issues and Challenges, June 23

NACDL,6th Annual 'Defending White Collar Cases: In & Out of Court' –Sponsored by NACDL & Fordham Law School's Stein Center for Law and Ethics, New York, NY, Sept. 30-Oct. 1st

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19th National Federal Sentencing Guidelines Conference – Opening Day

May 20th, 2010

The opening panel of this conference was United States Sentencing Guidelines Developments and a View from the District Court Bench. Moderating this panel was Professor Frank Bowman. Judges Frederic Block (ED NY), Steven Merryday (MD Fl) and Robert Pratt (SD Iowa) offered their perspectives. Judge Pratt had some important advice for defense counsel – sentencing is fact intense and you need to bring out the facts. You need to make a record. My favorite line was when he said that there are a "number of opportunities to make the law more human."

The panel – Sentencing Issues in Securities Cases – had Henry "Hank" Asbill as the moderator. It's all about "loss" is the way it started. Listening to the speakers ( Mark Harris – Proskauser Rose, LLP; Michael Horowitz, Calwalder, Wickersam & Taft; Peter Spivack – Hogan & Hartson) it is clear that an expert is needed to assist in measuring loss. But as noted by one of the speakers, "[i]f you go down the expert road these are very complicated issues." Hank Asbill asked "[w]ere the guidelines based upon assumptions in the market?"

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Upcoming Conferences

April 24th, 2010

ABA, Internal Corporate Investigations and Forum for In-House Counsel 2010, May 5-7, 2010 Washington, D.C. here

19th Annual National Seminar on the Federal Sentencing Guidelines (Tampa Bay Federal Bar & NACDL), May 12-14, St Petersburg, Florida – program – Download 100127 2010 guidelines book

Society of Corporate Compliance and Ethics, Four-Day Intensive Training Course on Compliance, London, England, May 17-20 here

Society of Corporate Compliance and Ethics, Managing Third Party Anti-Corruption, Compliance, and Ethics Risk, London, England, May 20-21 here

20th Annual National Institute on Health Care Fraud, May 12-14, Miami Beach, Florida here

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Upcoming Conferences

April 3rd, 2010

ABA, Internal Corporate Investigations and Forum for In-House Counsel 2010, May 5-7, 2010 Washington, D.C. here

Strafford CLE – Foreign Corrupt Practices Act Compliance in Joint Ventures and Consortia, Wed. April 21 1-2:30 p.m. here

19th Annual National Seminar on the Federal Sentencing Guidelines (Tampa Bay Federal Bar & NACDL), May 12-14, St Petersburg, Florida – program – Download 100127 2010 guidelines book

ABA 20th Annual National Institute on Health Care Fraud here

Society of Corporate Compliance and Ethics, Four-Day Intensive Training Course on Compliance, London, England, May 17-20 here

Society of Corporate Compliance and Ethics, Managing Third Party Anti-Corruption, Compliance, and Ethics Risk, London, England, May 20-21 here

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Upcoming Conferences

March 31st, 2010

ABA, Internal Corporate Investigations and Forum for In-House Counsel 2010, May 5-7, 2010 Washington, D.C. here

Strafford CLE – Foreign Corrupt Practices Act Compliance in Joint Ventures and Consortia, Wed. April 21 1-2:30 p.m. here

19th Annual National Seminar on the Federal Sentencing Guidelines (Tampa Bay Federal Bar & NACDL), May 12-14, St Petersburg, Florida – program – Download 100127 2010 guidelines book

ABA 20th Annual National Institute on Health Care Fraud here

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Upcoming Program – ABA Section of Litigation

March 28th, 2010

Criminal Litigation Committee of the ABA's Section of Litigation has several upcoming programs, April 21-23, 2010, at the New York Hilton, See here for details. The programs are:

(1) Ethical Pitfalls – What Every Civil Practitioner Needs to Know About Criminal Issues in Civil Litigation

Date: Thursday, April 22, 2010

Time: 4:00 – 5:15 PM

Our panel of experts will discuss key issues that civil practitioners should be familiar with when faced with parallel civil and criminal proceedings against corporations, executives, or individuals. Many civil practitioners assume that the engagement process, conflicts, joint defense agreements and internal investigations can be done the same way in a criminal investigation as in a civil investigation– but they cannot. Don't fall prey to these common traps! This program is a must for any civil litigator whose clients may face investigation or indictment in a criminal matter. Our panel will include:

The Honorable Cormac J. Carney, U.S. District Court Judge for the Central District of California

Prof. Bruce A. Green, the Chair-Elect of the ABA Criminal Justice Section

Jane W. Moscowitz, Moscowitz & Moscowitz PA

James W. Cooper, Arnold & Porter

Stacey F. Gottlieb, Greenberg Traurig LLP

(2) Conducting Internal Investigations and Making Voluntary Disclosures: Is it Worth the Risk?

Date: Thurs, April 22, 2010

Time: 1:00-2:15 PM

Corporations have long undertaken their own internal investigations for purposes of getting an internal handle on potential exposure with respect to government inquiries and related compliance issues. Our panel of experts will provide in-house and outside counsel perspectives on the do's and don'ts of internal investigations, the risks and benefits associated with voluntarily disclosing the existence and results of internal investigations and the ethical issues involved. Our experienced panel will include:

Michele Roberts, Akin Gump

Eric Grossman, General Counsel Morgan Stanley

Faith Gay, Quinn Emmanuel

Joathan Polkes, Weil Gotshal

Moderated by Matthew Mustokoff, Barroway Topaz

(3) Arguing Crime/Fraud and Other Exceptions to Privilege: An Expert Demonstration

(co-sponsored by the ABA's Trial Practice Committee)

Date: Friday, April 23, 2010

Time: 4:00-5:15 PM

Assertions of privilege in litigation are not always justified or insurmountable. Using multimedia presentations, live expert demonstrations, judicial commentary and audience participation, this program will show you how to develop and present winning arguments for application of the crime/fraud and other exceptions to privilege.

Amy Jane Longo O’Melveny & Myers

Bruce Green, Fordham University School of Law

The Honorable Stephen C. Robinson (S.D.N.Y.)

Moderated by Lawrence Rosenberg, Jones Day

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Upcoming Conferences

March 15th, 2010

ABA, Internal Corporate Investigations and Forum for In-House Counsel 2010, May 5-7, 2010 Washington, D.C. here

Strafford CLE – Foreign Corrupt Practices Act Compliance in Joint Ventures and Consortia, Wed. April 21 1-2:30 p.m. here

WLF, Free Enterprise & Criminal Law: Is Today's Brand of Federal Enforcement Compromising Business Civil Liberties?, Webcast, March 17, 2010 here

19th Annual National Seminar on the Federal Sentencing Guidelines (Tampa Bay Federal Bar & NACDL), May 12-14, St Petersburg, Florida – program – Download 100127 2010 guidelines book

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Reining In Honest Services Fraud

February 28th, 2010

Guest Blogger – Stephen Richer

Stephen Richer is the Director of Outreach at Washington Legal Foundation

"Show me the man, and I will show you the crime," said Lavrenti Beria, Stalin’s Chief of Police.　

Such is the sentiment that Noel J. Francisco of Jones Day evoked when describing the Honest Services Fraud Statute at a recent Washington Legal Foundation Media Nosh.

The Honest Services Fraud refers to the 28 word addition to the mail and wire fraud statute: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."

In so few words lies enormous prosecutorial power, and, as such, the statute has been the subject of two recent Supreme Court arguments: Weyhrauch v. United States and Black v. United States, and is the focus of the upcoming hearing of Skilling v. United States.

According to Mr. Francisco, such cases arise out of the government’s desire to respond to public outrage, and the Honest Services Fraud statute is a perfect tool for doing so. "This is a typical executive response of we've gotta’ find scalps," said Mr. Francisco.

Only later—many years after the fact—does the judiciary have the chance to review such governmental actions. Mr. Francisco predicts that after hearing this third case on the issue, the Supreme Court will "either strike down this intangible right to honest services or reign it in significantly."

To hear Mr. Francisco’s full remarks, as well as the remarks from The Honorable Dick Thornburgh, The Honorable Gregory G. Garre, and Patricia A. Millett, visit Washington Legal Foundation’s website for the archived version of the seminar.

Available here (the webcast must be accessed through Internet Explorer)

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