ACC Chicago

Please join us for breakfast and a half-day CLE

Ethical Considerations in International Business Transactions

Thursday, June 29, 2017

Drinker Biddle & Reath LLP
191 N. Wacker Dr., 37th Floor



8:15 - 8:45 a.m. – Breakfast and Networking

8:45 - 9:45 a.m. – Discovery, Conflict of Interest and Privilege in Cross-Border Transactions
Companies involved in international business will invariably find themselves in situations that involve disputes with parties in more than one country. They may also find themselves the subject of an investigation or involved in litigation with a governmental regulatory agency. These matters may take the form of a simple disagreement over the interpretation of an agreement, full-blown litigation or arbitration, or may even arise from situations where third parties require information or documents from a company’s offices in different countries. The rules covering such areas as discovery, conflict of interest and privilege can vary considerably from country to country, with significant impact on how disputes and disagreements can be resolved or how one can respond to requests for information. This panel of experienced practitioners will consider the interplay of cross-border rules and related practices, and discuss real-life scenarios of how specific rules of ethical conduct can affect the outcome of international disputes and the operations of multinational corporations generally.

  • Moderator/Panelist: David N. Kay, OBE, Partner, Drinker Biddle & Reath LLP
  • Panelist: Christine M. Castellano, Senior Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer, Ingredion Incorporated
  • Panelist: Daniel J. Delaney, Partner, Drinker Biddle & Reath LLP
  • Panelist: James G. Lundy, Partner, SEC Regulatory & Enforcement Team, Drinker Biddle & Reath LLP

9:45 - 10:45 a.m. – Developing and Implementing a Global Privacy Program in a Diverse Legal Environment
Businesses are collecting and processing more data than ever before, while searching for new ways to use and derive its value. However, the laws and regulations around the world applicable to these data processing activities are diverse, complex and constantly evolving, and can result in severe fines for those failing to comply. These laws often fail to keep pace with the rate at which information technologies innovate, requiring businesses to determine how best to apply antiquated rules to state-of-the-art data processing capabilities. This panel will discuss common data processing activities and technologies relevant to businesses today; provide an overview of key data protection laws around the world applicable to these activities (including the pending EU General Data Protection Regulation); and offer guidance on developing and implementing a practical global privacy program that meets the varying demands of today’s privacy regulators.

  • Moderator/Panelist: Jeremiah Posedel, Associate, Drinker Biddle & Reath LLP
  • Panelist: Peter A. Blenkinsop, Partner, Drinker Biddle & Reath LLP
  • Panelist: Jacob Springer, LLM, FIP, CIPP (US/E/C), CIPM, CHP - Division Counsel, Global Privacy Counsel & Privacy Program Leader, Abbott Laboratories

10:45 - 11:00 a.m. – Coffee/Networking Break

11:00 a.m. - Noon – Ethical Scenarios in International Business Transactions
The rapid globalization of international business has placed heightened emphasis on ethics for chief executives and boards. One key dilemma lies in the fact that not all countries follow the same compliance practices expected of U.S. companies, instead adhering to different standards of law and ethics. In international business transactions, while there are international organizations tasked with promoting uniformity and transparency in standards and practices, these entities lack the authority to enforce those pronouncements. This panel will offer unique perspectives on three challenging scenarios involving competing cross-border legal determinants, managing the extraterritorial reach of U.S. law, and conducting business in high-risk countries.

  • Moderator/Panelist: Kathleen M. Murphy, Partner, Drinker Biddle & Reath LLP
  • Panelist: Daniel J. Collins, Partner, Drinker Biddle & Reath LLP
  • Panelist: Matthew B. Hsu, Senior Director, Global Compliance, Financial Crimes, Aon
  • Panelist: Douglas E. Perry, Vice President, Global Compliance, Honeywell International Inc.

Noon – Adjourn

 

Speaker Bios

thumbnail photo of Peter Blenkinsop  

Peter A. Blenkinsop is a partner in the Government and Regulatory Affairs Group at Drinker Biddle. His practice focuses on data privacy and security, research compliance, and e-health. Peter advises companies on compliance issues raised by U.S. federal and state privacy laws, and assists clients in identifying privacy and security risks, as well as developing information governance programs. He also advises companies on compliance with international data transfer issues under the EU Data Protection Directive and other foreign privacy laws. Peter has assisted a number of multinationals in the development of their global privacy compliance programs.

Christine Castellano  

Christine M. Castellano is the Senior Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer for Ingredion Incorporated, a NYSE-listed company. In this capacity, she is responsible for the worldwide management of the company’s legal affairs. Christine provides advice and counsel to the company’s Board of Directors, officers and management, and directs activities of internal and outside legal counsel around the world. She was named by the Ethisphere Institute as one of the 2016 Attorneys Who Matter and by the Illinois Diversity Council in 2017 as one of the Top 15 Business Women in Illinois. In April 2017, Christine received the Anti-Defamation League’s Women of Achievement Award.

thumbnail photo of Daniel Collins  

Daniel J. Collins is a former federal prosecutor and member of Drinker Biddle’s White Collar Defense & Corporate Investigations Team. He regularly represents companies, boards of directors, audit committees, special litigation committees, and senior executives in responding to government and regulatory inquiries, conducting internal investigations, and handling other complex litigation matters. Dan has considerable experience representing clients in cross-border investigations and disputes related to the False Claims Act, Foreign Corrupt Practices Act, and various international sanctions and export-related regulations.

thumbnail photo of Dan Delaney  

Daniel J. Delaney is a partner in the Litigation Group at Drinker Biddle. He represents clients in securities and shareholder litigation, class actions, accountants’ liability and other complex financial litigation. Dan also has significant experience in other complex commercial disputes as well as mass tort defense. He has handled such disputes in state and federal courts, at the trial and appellate levels, as well as in alternative dispute resolution proceedings and in government administrative proceedings related to securities and financial regulation.

Matthew Hsu photo  

Matthew B. Hsu is a Senior Director in Corporate Compliance at Aon in Chicago, Illinois. He is responsible for global financial crime compliance in the areas of anti-bribery/anti-corruption, anti-money laundering, and trade restrictions/economic sanctions. Previously, Matthew worked for Abbott Laboratories in Abbott Park, Illinois, in the Office of Ethics and Compliance. He also worked for Abbott in the Legal, Regulatory and Compliance group that was responsible for compliance with anti-corruption laws, OFAC sanctions, export controls and internal investigations. Matthew previously worked at Sidley Austin and Clifford Chance in Washington, D.C., where he handled internal investigations, government investigations and complex civil litigation. After completing law school at Georgetown University, he served as a law clerk to Judge Judith Rogers, U.S. Court of Appeals, District of Columbia Circuit. Prior to that, Matthew clerked for Judge Paul Friedman, U.S. District Court, District of Columbia.

thumbnail photo of David Kay  

David N. Kay, OBE counsels and represents clients on international corporate transactions. He advises foreign companies and financial institutions on their operations in the U.S., from start-ups to global corporations with subsidiaries in the U.S. David also advises U.S. companies on their overseas operations, with specific emphasis in England, the European Union, the Middle East, Australia, India and China. He has traveled extensively and has lived and practiced law in England, Saudi Arabia, and the United Arab Emirates, where he worked in Dubai and became the resident partner of the Abu Dhabi office of a London-based law firm. David, an English barrister, sits as an arbitrator hearing complex international and domestic cases under the ICC, ICDR, AAA, UNCITRAL and LCIA arbitration rules.

thumbnail photo of James Lundy  

James G. Lundy is a partner in the firm’s Chicago office and a member of the White Collar Defense and Corporate Investigations Team. Jim represents clients in Securities and Exchange Commission (SEC), Commodities Futures Trading Commission, self-regulatory organization, and other financial regulatory agency investigations and examinations. He also counsels clients on compliance and ethics issues, white collar investigations, and related complex business litigation. Jim spent 12 years at the SEC, where he worked at supervisory levels in both the Enforcement Division and the Office of Compliance Inspections and Examinations.

thumbnail photo of Kathleen Murphy  

Kathleen M. Murphy is a partner in the Customs and International Trade Group at Drinker Biddle. Her practice focuses on counseling clients on maximizing trade benefits, making informed global procurement decisions, and developing domestic and international trade compliance programs. Kathleen conducts internal trade compliance reviews and training, and helps clients develop audit processes and internal controls for risk management and mitigation purposes. She also advises companies on corrective measures and risk avoidance strategies, including prior disclosures and reconciliation filings.

Douglas Perry photo  

Douglas E. Perry is the Vice President for Global Compliance at Honeywell International Inc. Doug is responsible for leading Honeywell’s overall compliance efforts, including export and import controls, compliance with anti-corruption laws, employee code of conduct and compliance training, and government contracts compliance. Prior to assuming this role, he served as Vice President of Government Contracts within Honeywell Aerospace. Before joining Honeywell in 2003, Doug was a partner at Sheppard, Mullin, Richter & Hampton, LLC in Washington, D.C. Earlier in his career he was a partner at Fried, Frank, Harris, Shriver & Jacobson, LLP. A graduate of Kenyon College, Doug earned his Juris Doctor from Cornell Law School.

thumbnail photo of Jeremiah Posedel  

Jeremiah Posedel is an associate in the Intellectual Property Group at Drinker Biddle. He counsels clients on domestic and international privacy and security regulations, and standards applicable to the collection, use and disclosure of personal data, including the FTC Act, HIPAA, COPPA, CAN-SPAM, TCPA, GLBA, PCI-DSS, DAA Program for Online Behavioral Advertising, and EU Data Protection Directive. He works with organizations to develop and implement comprehensive privacy/security programs and compliance strategies focused on a variety of data processing activities, including digital and interest-based advertising, big data analytics, workplace monitoring, mobile device and app deployment, cross-border data transfers, clinical research, and e-commerce initiatives.

Jacob Springer photo  

Jacob Springer serves as the Global Privacy Officer as well as Compliance Division Counsel at Abbott Laboratories, where he leads the company’s comprehensive privacy program as well as its data protection process portfolio. He also supports Abbott’s global businesses as its Chief Privacy Counsel. Prior to joining Abbott, Jacob had more than 10 years of broad compliance management experience at Baxter International. While at Baxter, he served as Chief Privacy Officer and supported Europe, Canada and Latin America as general compliance and FCPA counsel.