Corporate Crime & Regulation Summit | A&L Goodbody LLP


Corporate Crime & Regulation Summit 2020

14 October 2020
8.45am - 12.30pm
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"Investigations masterclass"

Managing the challenging and often competing demands of parallel internal and external investigations can be a delicate balancing act. Businesses have limited time and resources to apply to investigations, particularly if the underlying issue is in the public domain. The law prioritises the rights of individuals and has little regard for these practical and commercial constraints. Regulatory/law enforcement requirements need to be considered, and, again, are not always fully aligned with, for example, employment law requirements. Most internal investigations must make significant compromises when dealing with these competing tensions. That leaves them susceptible to challenge by those adversely affected by the outcome. Based on real-life investigations, this investigations masterclass panel offers practical solutions to best address issues such as HR challenges, regulatory/law enforcement requirements, governance issues, managing data and the key 'do's' and 'don'ts' in conducting investigations.

Speakers: Kenan Furlong, A&L Goodbody (Chair) / James Grennan, A&L Goodbody / Duncan Inverarity, A&L Goodbody /  Karen Bissett, Bank of America, Director of Global Financial Crimes / Louise Byrne, A&L Goodbody 


"Dealing with a dawn raid"

With the proliferation of regulation and enforcement authorities, businesses are at an increased risk of being subject to a dawn raid. Business premises and homes may be targeted in an effort to secure evidence of unlawful activity (whether by the business, an employee or a third party). It can cause significant business disruption, as well as stress for management and employees. To successfully navigate a dawn raid, businesses need to be prepared. A clear and effective structure for managing the raid is essential. Businesses also need to understand their rights and obligations and those of their employees and directors. This session will provide a practical and step-by-step guide to dealing with a dawn raid, including, how to prepare for a dawn raid, what to do when the enforcement authorities arrive and what to expect and managing the aftermath of a dawn raid. Our expert panel will share their direct experience and expertise. This session will ensure that you are ready to deal with a dawn raid, irrespective of which enforcement authority appears.

Speakers: Ciarán Ó Conluain, A&L Goodbody (chair) / Naude de Klerk, Head of Legal for Europe (CIS) Commercial, Aspen Pharma / Alan McCarthy, A&L Goodbody / Dr Vincent Power, A&L Goodbody / Anna-Marie Curran, A&L Goodbody 


"The right to protest and it's impact on business"

In recent years, telecoms, banking, utility companies, law firms, insurance companies and the hospitality sector have all been targeted by protestors. This session will aim to provide insights on how best to cope when productivity, reputation, and customers are all impacted by protest. The right to protest is an essential element of a functioning democracy, but what happens when the protest has a seriously damaging impact on your business and how can you minimise that damage? Also when does lawful protest become unlawful – are there any limits to protest? What is the role of the police and when will they step in? What can you do if protestors occupy your premises or buildings? This interactive discussion will focus on how businesses can respond when there is a physical picket outside, in your premises and/or an online protest is directed against you.

Speakers: Joe Kelly,  A&L Goodbody (chair) / Elizabeth Arnett, Director of Corporate Affairs, Ulster Bank / Michael O'Sullivan, Former Assistant Commissioner, An Garda Siochána / Sarah Murphy, A&L Goodbody


"Managing regulatory inspections - your response and your regulatory relationship"

Inspections conducted by regulators such as the Central Bank of Ireland can significantly impact your regulatory relationship, can drive the scope of supervisory measures your business faces and can sometimes lead to enforcement action. However, any inspection is also an opportunity to build on your regulatory relationship through sharing information and explaining your risk management framework and your underlying business. Hear from the Central Bank on how it plans for, operates and uses the output from inspections, from the ALG team who regularly advises clients before, during and after regulatory inspections, and from industry experts on overseeing inspections to build your regulatory relationship. Even if your business is not regulated, you can apply the learnings from regulated firms on how to manage inspections by authorities in other areas such as data privacy, health and safety and workplace relations.

Speakers: Dario Dagostino, A&L Goodbody (chair)/ Gerry Cross, Director of Financial Regulation - Policy and Risk;  Asset Management and Investment Banking (Interim) / Mark Satterthwaite, Chief Compliance Officer, Citibank Europe Plc., Catherine Roberts, A&L Goodbody, Mark Devane, A&L Goodbody


"Navigating the global sanctions landscape – managing risk and compliance"

Increased complexity and change in the international sanctions environment pose significant challenges for businesses who are not fully aware of their sanctions obligations and risks. International law makers have designed sanctions regimes to have a significant impact on businesses' decision making. This session will map the global sanctions framework, discuss recent developments and provide useful guidance for Irish businesses on managing sanctions risk and compliance. We will explore the US sanctions regime which has global reach and identify key elements of the EU's own regime. To achieve our goal of providing participants with context on current and future obligations, we will also cover the interplay between EU and US sanctions, Irish policy and UK developments.

Speakers: Patrick Brandt, A&L Goodbody (chair) / Sonja Hyland, Political Director, Department of Foreign Affairs and Trade / Brian Fleming, Member, Miller & Chevalier / Kate Harnett, A&L Goodbody


"Crime Investigation – the mechanisms and oversight of co-operation between law enforcement and industry on the gathering of evidence"

Every organisation will be asked to assist with crime investigation at some point, and many on a daily basis. This session will discuss the legal mechanisms for data sharing co-operation by industry with law enforcement authorities, on a voluntary and / or compulsory basis. It will look at how Europe's law enforcement / data privacy regime compares with that of the US, the regulatory oversight by the DPC, and the current state of international co-operation on these issues.

Speakers: Acadia Senese, Senior Attorney, Google / John O'Dwyer, Deputy Commissioner, Data Protection Commission /  Eunice Delaney, Assistant Commissioner, Data Protection Commission / Members of the National Cyber Crime Unit John Whelan, A&L Goodbody / John Cahir, A&L Goodbody


"Your privilege – creating, managing and protecting legal advice"

Executive decision-making increasingly involves a consideration of a complex array of legal rights and regulatory obligations. As a result, legal advice has become intertwined with the commercial considerations which inform decisions made every day by companies and regulated entities. This can present challenges for clearly demarcating and protecting that advice from disclosure. If the advice of in-house and external legal advisors is at risk of disclosure, it can compromise the ability of the lawyer and client to speak freely and in turn compromise the advice itself. In the regulatory context, there is also increasing pressure on companies to waive privilege that would otherwise attach to advice received. It is key therefore for companies to understand what options are at their disposal and what the implications can be of waiving privilege in those types of situations. During this session we will discuss these issues and challenges focussing on the practicalities of creating, managing, using and protecting privileged legal advice.

Speakers: Nicholas Cole, A&L Goodbody /  Andrew Fitzpatrick, Senior Counsel, The Bar of Ireland / Suzanne Gunn, Enforcement Lawyer, Office of the Director of Corporate Enforcement / Vivianne Schwarz, A&L Goodbody






*Sessions will be pre-recorded and broadcast at the advertised time.


"In conversation with James H. Freis, Jr"

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