Webcast: FCPA Trends in Emerging Asian Markets


September 27, 2022

As the global economy gradually emerges from the COVID-19 pandemic, legislators and regulators in Asia continue to grapple with the consequences of the pandemic and the challenges it presents for the fight against corruption. In this webcast, we will explore the approaches taken by Asian countries to deal with the current environment and examine current trends in FCPA and local anti-corruption enforcement, with a focus on the Asia.

In China, as the government continues to crack down on corruption in the financial and health sectors, the anti-corruption campaign has expanded to encompass an increasingly large part of the national economy, such as the semiconductor industry and the insurance industry. China’s corporate criminal compliance regime evolved rapidly in 2022, with new national authorities joining the third-party monitoring and assessment mechanism, which has been applied in more than 1,000 cases since its launch in 2021. India has seen a number of high-profile trials. corruption cases, including enforcement actions in the transport and biotechnology sectors. And while Korea has significantly focused on rooting out corruption in its public and private sectors, citizens wonder if real change is possible as high-level officials and leaders continue to be pardoned for past misconduct that made headlines.

While domestic politics and legislative amendments have made it more difficult to initiate and complete anti-corruption actions in some markets, recent cases highlight the compliance risks associated with doing business in many markets among largest in Asia. Join our team of experienced international anti-corruption lawyers to learn more about how to do business in China, India, Korea and other Asian countries without breaking anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”).

Topics covered include:

• An overview of FCPA enforcement statistics and trends for 2022;
• Asia’s corruption landscape, including recent headlines and scandals;
• Lessons learned from the local application of the fight against corruption in China, India, Korea and South-East Asia;
• Key changes in anti-corruption, data privacy and regulatory compliance across Asia; and
• Mitigation strategies for companies operating in Asian markets.

See the slides (PDF)



PANELISTS:

Kelly Austin leads Gibson, Dunn & Crutcher’s white-collar defense and investigative practice for Asia, is global co-chair of the firm’s anti-corruption and FCPA practice, and is a member of the firm’s executive committee. Ms. Austin is ranked #1 annually by Chambers Asia Pacific and Chambers Global in Corporate Investigations/Anti-Corruption: China. His practice focuses on government investigations, regulatory compliance and international disputes. Ms. Austin has extensive expertise in internal government and corporate investigations, including those involving the FCPA and other anti-corruption laws, as well as money laundering, securities and trade control laws. .

Olivier Welch is a partner in the Hong Kong office, where he represents clients throughout the Asia-Pacific region on a wide variety of compliance and anti-corruption matters and trade control laws. Mr. Welch regularly advises multinational corporations on their anti-corruption compliance programs and controls, and assists clients in drafting policies, procedures and training materials designed to promote compliance with global anti-corruption laws. Mr. Welch frequently advises on anti-corruption due diligence in corporate acquisitions, private equity investments and other business transactions.

Karthik Ashwin Thiagarajan, legal counsel in the Singapore office, assists clients in their investigations in the rapidly changing financial services, information technology, electronics and consumer goods sectors in India and South East Asia. He advises clients on internal investigations and anti-corruption reviews in the region. A client praised him for being “at the top of his game” in the Indian Journal of Business Law2019 “Leaders of the pack” report.

Ning-Ning, a partner in the Hong Kong office, advises clients on governmental and internal investigations, compliance advice and compliance due diligence matters in the Asia-Pacific region. Ms. Ning has represented clients before the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) regarding potential violations of the U.S. Foreign Corrupt Practices Act (FCPA), securities laws and other white-collar defense issues. Ms. Ning regularly advises clients on internal investigations relating to allegations of corruption, fraud and accounting irregularities. Ms. Ning also advises clients on the design and continuous improvement of their anti-corruption and compliance programs, as well as anti-corruption and compliance risk assessments.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Board of Continuing Legal Education for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied to areas of requirement of professional practice. This course is approved for transitional/non-transitional credit.

Lawyers seeking credit in New York should obtain an affirmation form before viewing the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California for a duration of 1.5 hours.

California attorneys can claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

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