Conference on Deterring Corporate Crime: The Promise and Challenge of Multiple Enforcers

October 6, 2017

The goal of the conference was to bring together academics, enforcement officials, general counsels, compliance officers, and white collar defense lawyers to discuss how best to structure interacting corporate liability rules imposed by different enforcers in order to most effectively deter corporate crime.

Conference Agenda

Keynote Speaker: Rod J. Rosenstein, Deputy Attorney General, U.S. Department of Justice

Text of Deputy Attorney General Rosenstein's speech can be viewed here

Presentations and Panels:

Comparing Different Approaches to Deterring Corporate Misconduct

  • Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law

Panel 1: Structuring Corporate Liability to Deter Corporate Misconduct
Moderator: Stephen Choi, Murray and Kathleen Bring Professor of Law and Director, Pollack Center, NYU School of Law
Panelists

  • Vikramaditya Khanna, William W. Cook Professor of Law, University of Michigan Law School
  • Marshall Miller, Of Counsel, Wachtell, Lipton, Rosen & Katz
  • Sandra Moser, Acting Chief, Fraud Section, Criminal Division, U.S. Department of Justice
  • Steven Peikin, Co-Director, Division of Enforcement, U.S. Securities and Exchange Commission
  • Sung-Hee Suh, Partner, White & Case

Panel 2: Using Corporate Exclusion Policy to Deter Corporate Misconduct
Moderator: Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law
Panelists

  • Samuel Buell ’92, Bernard M. Fishman Professor of Law, Duke University School of Law
  • Daniel Levinson, Inspector General, Office of Inspector General, U.S. Department of Health and Human Services
  • Denis McInerney, Partner, Davis Polk & Wardwell
  • Claiborne (Clay) Porter, Acting Principal Deputy Chief, Money Laundering and Asset Recovery Section, Criminal Division, U.S. Department of Justice
  • Theodore Wells Jr., Partner, Paul, Weiss, Rifkind, Wharton & Garrison

Panel 3: Investigations and Negotiations in the Shadow of Multi-Country Enforcement
Moderator: Kevin Davis, Beller Family Professor of Business Law, NYU School of Law
Panelists

  • Claire Daams, Senior Counsel, Monfrini Bitton Klein
  • Daniel Kahn, Chief, FCPA Unit, Fraud Section, Criminal Division, U.S. Department of Justice
  • Jacquelyn Kasulis, Chief, Business and Securities Fraud Section, U.S. Attorney’s Office, Eastern District of New York
  • John Savarese, Partner, Wachtell, Lipton, Rosen & Katz
  • Patrick Stokes, Partner, Gibson, Dunn & Crutcher

Panel 4: Corporate Criminal Enforcement: An International Perspective
Moderator: Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law
Panelists

  • Sara Sun Beale, Charles L.B. Lowndes Professor of Law, Duke University School of Law
  • Daniëlle Goudriaan, National Coordinating Prosecutor on Corruption, National Prosecutor’s Office for Serious Fraud, Environmental Crime, and Asset Confiscation, The Netherlands
  • Drago Kos, Chair, Working Group on Bribery, Organisation for Economic Co-operation and Development
  • Alun Milford, General Counsel, Serious Fraud Office, United Kingdom
  • Thierry Philipponnat, Director, Institut Friedland

Keynote Speech: Rod Rosenstein, Deputy Attorney General, U.S. Department of Justice