Craig Earnshaw, London-based senior managing director at FTI Technology, is one of the speakers at a webinar run by Compliance Week on 16 July at 2:00pm ET. It is called the Art of cooperation: helping mitigate FCPA investigation fallout.
In most common law jurisdictions, cooperation between the parties is required by the rules. Even where it is an express duty of the parties and their lawyers, cooperation can be hard to achieve for multiple reasons: there are is often a genuine dispute as to the right approach; sometimes, one party will see a tactical advantage to be gained by not cooperating; for many lawyers, cooperation does not come naturally because they see their role as being combative and think, rightly or wrongly, that their clients expect them to fight every point.
If cooperation is hard to achieve in the civil litigation context, it can be harder still within a regulatory investigation such as one under the US Foreign Corrupt Practices Act (FCPA). Regulators constantly urge parties to be as helpful as possible, implying an easier ride for those who provide information promptly, helping him to achieve his objective quickly and therefore more cheaply; lawyers sometimes see the regulator’s invitation as a trap, tempting the volunteering of information which might otherwise not be found.
This webinar explores the balance between conflicting positions. There is more information about it here, together with a registration form.