Negotiated Settlements in Bribery Cases: A Principled Approach

April 6, 2019

The NYU Program on Corporate Compliance and Enforcement hosted an academic conference organized by Tina Søreide, Professor of Law and Economics, Norwegian School of Economics at NYU School of Law.

Speaker bios are available (PDF: 47 KB)

Conference Agenda

Keynote Speech

Drago Kos, Chair, OECD Working Group on Bribery in International Business Transactions

First Session.  Settlement Practices: Extent and Classification

Chair: Peter Solmssen, Lawyer and Farmer, Abiquiu Valley Farm LLC

Brandon Garrett, L. Neil Williams, Jr. Professor of Law, Duke University School of Law | The Path of FCPA Settlements
Discussant: Pascale Dubois

Abiola Makinwa, Senior Lecturer, The Hague University of Applied Sciences | Negotiated Resolutions for Bribery Offences: Towards a Typology
Discussant: Lucinda Low

Second Session. Efficiency Standards in the Context of Criminal Justice

Chair: Susan Rose-Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science and Professorial Lecturer in Law, Yale University 

Jennifer Arlen, Norma Z. Paige Professor of Law and Faculty Director, PCCE, NYU School of Law | The Potential Promise and Perils of Introducing Deferred Prosecution Agreements Outside the U.S.
Discussant: Eugene Soltes

Tina Søreide, Professor of Law and Economics, Norwegian School of Economics and Kasper Vagle, Research Scholar, Norwegian School of Economics | Prosecutors’ Discretionary Authority in Efficient Law Enforcement Systems
Discussant: Elizabeth Acorn

Kevin Davis, Beller Family Professor of Business Law, NYU School of Law | What Makes for a Good Settlement or Settlement Process?
Discussant: Leonardo Borlini

Third Session. Settlements in Practice: Trade-offs between Orthodox and Pragmatic Solutions

Chair: Abiola Makinwa, Senior Lecturer, The Hague University of Applied Sciences

Pascale Dubois, Vice President, Integrity, The World Bank Group and Kathleen Peters, Senior Legal Officer, Integrity, The World Bank Group | Settlements Within the World Bank Group Sanctions System
Discussant: Brandon Garrett

Sharon Oded, Partner, Norton Rose Fullbright LLP and Professor, Rotterdam Institute of Law and Economics, Rotterdam School of Law, Erasmus University Rotterdam | Multi-Jurisdictional Anti-Foreign Corruption Enforcement: A Behavioral Law and Economics Perspective
Discussant: Peter Solmssen

Fourth Session. Securing Due Process in the Enforcement of Corporate Criminal Liability

Chair: Tina Søreide, Professor, Norwegian School of Economics 

Leonardo Borlini, Assistant Professor, Department of Law, Università Bocconi | Corporate Compliance and Privatization of Law Enforcement
Discussant: Miriam Baer

Stéphane Bonifassi, Partner, Bonifassi Avocats | Value of Court Procedure Versus Non-Trial Resolutions
Discussant: Sharon Oded

Peter Solmssen, Lawyer and Farmer, Abiquiu Valley Farm LLC | Amateur Hour at the Department of Justice; or Half a Loaf is Better than None
Discussant: Kathleen Peters