•Introduction to Regulatory Environments for Legal Compliance
1. Gulf Cooperation Council (GCC) Member Countries
2. United States
3. United Kingdom
4. European Union
•Key Governmental and Regulatory Authorities and Scope of Authority
1. Selected GCC Countries
2. United States
3. United Kingdom
4. European Union
•Legal Compliance and the “Culture of Compliance”
•Bribery and Corruption
•General Risks and Issues
•Selected GCC Countries
•United States
•United Kingdom
•Selected Other Countries
•Fraud (External and Internal)
1. General Risks and Issues
2. Selected GCC Countries
3. United States
4. United Kingdom
5. Selected Other Countries
•Cybercrime and Cybersecurity
1. General Risk and Issues
2. Selected GCC Countries
3. United States
4. United Kingdom
5. Selected Other Countries
•Money Laundering and Terrorist Financing
1. General Risks and Issues
2. Selected GCC Countries
3. United States
4. United Kingdom
5. European Union
•Sanctions
1. Selected GCC Countries
2. United States
3. United Kingdom
•Competition and Antitrust
1. Selected GCC Countries
2. United States
3. United Kingdom
4. European Union
•General Considerations in Evaluating Legal Compliance Programs
•U.S. Department of Justice Framework for Evaluating Corporate Compliance Programs
•Three Fundamental Questions
Program Design
•Risk Assessment
1. Risk Management Process
2. Risk-Tailored Resource Allocation
3. Updates and Revisions
•Policies and Procedures
1. Design
2. Comprehensiveness
3. Accessibility
4. Responsibility for Operational Integration
5. Gatekeepers
•Training and Communications
1. Risk-Based Training
2. Form/Content/Effectiveness of Training
3. Communications About Misconduct
4. Availability of Guidance
Confidential Reporting Structure and Investigation Process
•Effectiveness of the Reporting Mechanism
•Properly Scoped Investigations by
Qualified Persons
•Investigation Response
•Resources and Tracking of Results
Third-Party Management
•Risk-Based and Integrated Processes
•Appropriate Controls
•Management of Relationships
•Real Actions and Consequences
Mergers and Acquisitions (M&A)
Due Diligence Process
•Integration in the M&A Process
•Process Connecting Due Diligence to Implementation
Effective Implementation of Program
•Commitment by Senior and Middle Management
1. Conduct at the Top
2. Shared Commitment
3. Oversight
•Autonomy and Resources
1. Structure
2. Seniority and Stature
3. Experience and Qualifications
4. Funding and Resources
5. Autonomy
6. Outsourced Compliance Functions
Incentives and Disciplinary Measures
•Human Resources Process
•Consistent Application
•Incentive System
Effectiveness in Practice
•Continuous Improvement, Periodic Testing, and Review
1. Internal Audit
2. Control Testing
3. Evolving Updates
4. Culture of Compliance
•Investigation of Misconduct
1. Properly Scoped Investigation by Qualified Persons
2. Response to Investigations
•Analysis and Remediation of Any Underlying Misconduct
1. Root Cause Analysis
2. Prior Weaknesses
3. Payment Systems
4. Vendor Management
5. Prior Indications
6. Remediation
7. Accountability
•Other Frameworks for Evaluating Corporate •Compliance Programs
1. Wolfsberg Group
•AML
•Anti-Corruption
1. ISO 37001 – Anti-Bribery
Improving the State and Effectiveness of Legal Compliance Programs
•The Importance of Thorough Questioning for Legal Compliance
1. The Role of “Socratic” Questioning
2. Effective Techniques for Asking Questions and Getting Needed Answers
Proving the State and Effectiveness of Legal Compliance Programs
• Document. Document, Document
•Organizing and Presenting Your Documentation
•Retaining Records – Legal and Corporate Practice Considerations
Review and Recapitulation of Key Issues
Partners and mid- and senior-level associates in law firms with practices that address legal compliance issues
Senior and mid-level lawyers at headquarters and regional levels of firms with international operations