Thursday - March 1, 2012

8:00 a.m. Registration

9:00 a.m. Welcoming Remarks
Raymond Banoun, Chair of the Institute
Janet I. Levine, Chair, ABA Criminal Justice Section

9:15 a.m. Recent Trials
Panelists will discuss some of the critical issues and strategies confronted during the investigation, following indictment, and during trial in several high visibility cases during the past year, including the Farkas (bank fraud), Rajaratnam (insider trading) and Stevens (FDA) matters.

Moderator: Ronald J. Nessim
Sara M. Bloom Bruce Rogow, Charles Connolly, Jonathan Streeter, John M. Dowd Reid H. Weingarten

10:45 a.m. Coffee Break

11:00 a.m. Breakout Sessions I

A. Representing Individuals: To Plead or Not To Plead—What Price Cooperation?

Panelists will analyze issues confronted in the representation of individuals in white collar cases, including handling the pressure to cooperate with the government, the pros and cons of obtaining immunity agreements, making proffers, and confronting the differing interests where an investigation of a company is taking place at the same time.

Moderator: Michael S. Pasano
David Gerger, Michael G. Scheininger, Nina Marino Alan Vinegrad

B. Creative Investigative Techniques in White Collar Cases

This panel will consider the impact and effect of the government’s increasing reliance on wiretaps and electronic recordings, undercover operations, and the use of informants. Panelists will discuss the appropriateness of these “real time” investigative techniques, the concerns they raise, the safeguards that govern their use, the challenges they pose during discovery and motions practice, and the issues they generate for defense attorneys.

Moderator: Joshua R. Hochberg
Martha A. Boersch, Paul E. Pelletier, Reed M. Brodsky, David B. Pitofsky, Denis J. McInerney

C. Securities Fraud in the Courtroom: Lessons from Trials and Pre-Trial Litigation

Panelists will discuss some of the more interesting evidentiary issues that arose in recent securities cases and the manner in which they were dealt with by counsel and the court, including motions filed and rulings made.

Moderator: Gary S. Lincenberg
Thomas H. Bienert, Jr. Pamela Chepiga, Honorable Andre Birotte, Jr., Gary P. Naftalis

D. The Foreign Corrupt Practices Act: Recent Developments

The panel will discuss recent foreign bribery prosecutions and enforcement actions, the impact of the UK Bribery Act on U.S. companies, developments at the relevant enforcement agencies, and law enforcement priorities. It will also address the state of U.S. cooperation with foreign law enforcement authorities, defending multijurisdictional investigations, and the latest trends in designing and implementing effective compliance programs.

Moderator: Mark F. Mendelsohn
Peter B. Clark, Charles E. Duross, Mary E. Doyle, Vivian Robinson QC

E. Internal Investigations in the Age of Voluntary Disclosure and Cooperation Agreements

Panelists will address key issues that arise during corporate internal investigations, including the risks and benefits of voluntary disclosure, the appropriateness of Upjohn warnings, handling conflicts of interest, dealing with counsel for individuals and managing expectations with the company, the government, and affected employees.

Moderator: K. Keely Rankin
Jonathan Leiken, Catherine Razzano, Angela M. Machala, Ryan K. Stumphauzer

12:30 p.m. Luncheon

E. Lawrence Barcella, Jr. Memorial Address
Keynote Speaker: Honorable Preetinder S. Bharara, United States Attorney, Southern District of New York

2:00 p.m. Breakout Sessions II

A. Top Ten Reasons You'll Wish You Had Become A Trust and Estates Lawyer: Ethical Pitfalls and Blunders in White Collar Practice (ETHICS)

This panel will consider a series of difficult scenarios regarding the professional quandaries faced by white collar lawyers, and offer advice for avoiding and resolving some of the vexing and complex ethical dilemmas. Model Rules 1.2, 3.3, 4.1, 4.4 and 8.4.

Moderator: Professor Bruce Green
Daniel R. Alonso, Evan A. Jenness, Helen Gredd Laura Ariane Miller

B. The New Landscape of Insider Trading Cases: The Latest Government Initiatives and How Defense Lawyers and Corporate Compliance Officers Can Answer the Challenge

Members of the panel will review the most recent trends in insider trading and tipping investigations, including the government’s novel investigative tools and the expanding definitional bounds of insider trading, and will offer compliance guidance for organizations and practice tips for defending against such investigations and criminal charges.

Moderator: John C. Hueston
Benton J. Campbell, Carol C. Lam, Christopher L. Garcia, Noah B. Perlman, Boyd M. Johnson III

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Program Agenda

Day One

Day Two

Day Two (continued)

Day Three