GOVERNMENT ENFORCEMENT INSTITUTE May 2122, 2014 Belo Mansion - PDF document

T H E U N I V E R S I T Y O F T E X A S S C H O O L O F L AW 2014 GOVERNMENT ENFORCEMENT INSTITUTE May 21–22, 2014 Belo Mansion ■ Dallas, Texas FOUNDING SPONSORS Deloitte Financial Advisory Services LLP Fitzpatrick Hagood Smith & Uhl LLP FTI Consulting, Inc. K&L Gates LLP Pye Legal Group Earn up to 13.25 Hours of CLE Credit Including 2.50 Hours of Ethics Credit (TX, CA, NY, OK) TX Legal Specialization Credit Approved for Administrative Law, Civil Appellate Law, Civil Trial Law, Criminal Appellate Law, and Criminal Law www.utcle.org ■ 512.475.6700

2014 GOVERNMENT ENFORCEMENT INSTITUTE May 21–22, 2014 ■ Belo Mansion ■ Dallas, Texas Earn up to 13.25 Hours of CLE Credit Including 2.50 Hours of Ethics Credit (TX, CA, NY, OK) TX Legal Specialization Credit Approved for Administrative Law, Civil Appellate Law, Civil Trial Law, Criminal Appellate Law, and Criminal Law WEDNESDAY MORNING, MAY 21, 2014 production, the “horrors” of email and ESI, self- 1:00 p.m. 1.00 hr | .33 hr ethics reporting to the government, and considerations in Government Investigations, Part III: Presiding Officer: advising the board. Moving Forward Steve Korotash, Partner, K&L Gates LLP, Moderator: What happens when the internal investigation Dallas, TX Kit Addleman, Partner, Haynes and Boone, LLP , uncovers evidence of possible wrongdoing? How Dallas, TX might you handle bad facts, difficult investigation Panelists: 8:00 a.m. Registration Opens witnesses, and the dreaded “smoking gun” Brad Bennett, Executive Vice President, Chief of Includes continental breakfast. Enforcement, FINRA, Rockville, MD document? This panel explores the considerations Holly L. Clarke, Senior Vice President and General and best practices in proceeding, including the Counsel, L-3 Communications Integrated 8:50 a.m. Welcoming Remarks possibility of continued voluntary cooperation, Systems, L.P ., Rockwall, TX what to do when the government’s case is ill- Barrett R. Howell, Partner, K&L Gates LLP , Dallas, TX Mark Shaw, Vice President, General Counsel and founded, understanding the government’s focus, 9:00 a.m. .50 hr Corporate Secretary, Southwest Airlines Co., isolating critical documents and key witnesses, Dallas, TX dealing with an Achilles heel, and considerations OPENING KEYNOTE PRESENTATION for early settlement. James M. Cole, 11:45 a.m. Pick Up Lunch Moderator: Deputy Attorney General, Included in registration. Danny S. Ashby, Partner, K&L Gates LLP , Dallas, TX U.S. Department of Justice, Panelists: Washington, DC WEDNESDAY AFTERNOON Chad N. Boudreaux, Corporate VP for Litigation & Chief Compliance Officer, Huntington Ingalls Industries, Inc., Newport News, VA 12:05 p.m. .75 hr 9:30 a.m. 1.00 hr | .33 hr ethics Jim Letten, Former U.S. Attorney and Assistant Dean, Tulane University Law School, New Orleans, LA Government Investigations, Part I: Weston C. Loegering, Partner, Jones Day, Dallas, TX KEYNOTE LUNCHEON PRESENTATION Investigative Triggers Jim Letten, 2:00 p.m. 1.00 hr | .50 hr ethics An examination of the early and perhaps most Former U.S. Attorney and Assistant Dean, critical stages of the investigative process, including Tulane University Law School, Government Investigations, Part IV: considerations, strategies and ethical issues related New Orleans, LA The Litigation Process to responding to a whistleblower, the government’s FFight or flee? This panel focuses on the key request for voluntary assistance, the investigatory Major Corruption Prosecutions and Their issues and ethical considerations presented as the subpoena, document preservation, early settlement Pitfalls: Recognizing, Engaging, Surviving government’s investigation moves into its most and cooperation agreements, advising the board, and Overcoming the Maze of Obstacles and active phase. It explores issues in representing the and public reporting and public relations. Challenges for Law Enforcement company, representing individuals, and possible Moderator: Based on experience and marked by periodic conflicts of interest in multiple representation, Paul E. Pelletier, Member, Mintz, Levin, Cohn, Ferris, anecdotes, this presentation analyzes the strategies in preparing for testimony, 5th Glovsky and Popeo, P .C., Washington, DC often-unexpected (and sometimes subtle but Amendment considerations, dealing with parallel Panelists: critical) obstacles to effectively investigating proceedings, and taking proactive measures. Scott W. Friestad, Associate Director, Division of and prosecuting public corruption cases of all Enforcement, U.S. Securities and Exchange Moderator: types. These range from economic bribery and Commission, Washington, DC Merri Jo Gillette, Partner, Morgan, Lewis & Kevin J. Harnisch, Partner, Steptoe & Johnson LLP , extortion cases resulting from the (often-reluctant) Bockius LLP , Chicago, IL Washington, DC complicity of business people who comply with Panelists: Bruce Wark, Associate General Counsel, American illegal demands under duress, to the need to earn Paul E. Pelletier, Member, Mintz, Levin, Cohn, Ferris, Airlines Inc., Fort Worth, TX Glovsky and Popeo, P .C., Washington, DC and keep the hearts and minds of the press and David B. Reece, Regional Trial Counsel, U.S. 10:30 a.m. Break public upon whom law enforcement depends, to Securities and Exchange Commission, the equally important task of steeling oneself and Fort Worth, TX staff against universally, increasingly-proactive and Clay B. Scheitzach, Senior Vice President & Group 10:45 a.m. 1.00 hr | .50 hr ethics Counsel, Xerox Business Services, LLC, Dallas, TX aggressive offensives by subjects and defendants. Government Investigations, Part II: It also addresses the necessity of investigators, 3:00 p.m. Break Best Practices for Internal Investigations prosecutors, and staff to vigorously discharge their Brady and other disclosure obligations, while A look at the factors and circumstances that inform utilizing methods and maintaining lifestyles which the decision to conduct an internal investigation— This course has been approved for Minimum Continuing M are unfailingly fair and beyond reproach, with little when is an independent investigation advisable and Legal Education credit by the State Bar of Texas Committee or no room for error. on MCLE in the amount of 13.25 hours, of which 2.50 credit what are the best practices for conducting those C hours will apply to legal ethics/professional responsibility inquiries. The panel also discusses strategies in L credit. The University of Texas School of Law is a State Bar selecting outside counsel, scoping the appropriate of California approved MCLE provider (#1944), and an 12:50 p.m. Break E Oklahoma Bar Association MCLE presumptively- inquiry, pitfalls in document preservation and approved provider (#169). phone 512.475.6700 ■ www.utcle.org ■ fax 512.475.6876