On-Demand Learning

Transcripts

Recorded on: Jun. 28, 2013

RICHARD S. TAFFET: Thank you, Ken. And good morning, everybody. As Ken mentioned, my name is Richard Taffet. I am Ken's partner at Bingham. So you'll see a lot of orange in your materials and we're proud if you just look at those things. But as Ken mentions, I am primarily focus in the antitrust in IP space. And also as Ken mentioned that, in what I do, experts are not only important, but they've become absolutely critical and the degree of their ...

Recorded on: Jun. 28, 2013

CLIFFORD E. KIRSCH: All righty. In this next panel, what we're looking to do is lay out for you the rules that apply to supervisory programs, what requires a broker dealer to supervise. Supervise its business, supervise its representatives. And the rules applying to broker dealers compliance programs. Broker dealers are required to establish and maintain compliance programs, which are separate and distinct from the supervisory obligations. And we ...

Recorded on: Jun. 28, 2013

CLIFFORD KIRSCH: All right, thanks. And thanks for your attention throughout the day. It's been a good program, the questions we've been getting, and your attentiveness. So thanks very much. And we end the day with a panel looking at record keeping, exams, and financial responsibility, topics that we may have touched on a little bit throughout the day, but just touched on. And we wanted to have a panel because each of the topics are so important. ...

Recorded on: Jun. 28, 2013

KENNETH SCHACTER: My mike is on. All right. So this is our third panel, and as I said, I think it's going to be especially interesting and entertaining, at least by the standards of lawyers. We have a distinguished group of three litigators, and a very experienced medical expert, a doctor, neurologist, who are going to do a demonstration of effective direct and cross examination of an expert in a courtroom setting. We will see how it's done, and then ...

Recorded on: Jun. 26, 2013

NANCY KESTENBAUM: Thanks, Rich. Well, it's my great pleasure to introduce the moderator of our first panel, Steve Peikin. I just realized Steve and I go back 20 years since we first began working together as a baby lawyers. And Steve's gone on to do great things since that time. He's now deputy managing partner of Sullivan and Cromwell's criminal defense and investigations group. Steve's practice focuses there on white collar criminal defense, regulatory ...

Recorded on: Jun. 26, 2013

RICHARD MORVILLO: OK, welcome back. Thank you. I have the distinct honor of introducing most of my panel. The guy on the right there is related to me, so I don't know if it's such an honor. But let me start on the other end with Mike Delikat. Mike has become a fixture at these programs over the course of the last few years. Nancy and I had the foresight to ask him to join us, even before the whistleblower rules were published by the SEC. But Michael ...

Recorded on: Jun. 26, 2013

RICHARD MORVILLO: OK, welcome back from lunch. As people come on back, we will start. And I have the pleasure of introducing the next moderator for you, and he in turn will introduce his panelists. Seated to Nancy's right is John Savarese. John is a litigation partner at Wachtell Lipton. He has done a number of important things during his career, starting with clerking on the Supreme Court, working in the United States Attorney's office, being Chief ...

Recorded on: Jun. 24, 2013

GENE A. CAPELLO: Good afternoon. Thanks for sticking around. Welcome to the afternoon session. We are going to be talking for the next hour about compliance and issues that affect audit committees. I am joined this afternoon with a terrific panel, very distinguished and very diverse panel of experts. And looking forward to hearing their comments. So by way of introduction, to my right is Mary K. Bush. Mary is a leading expert adviser and speaker ...

Recorded on: Jun. 24, 2013

GENE CAPELLO: Well, good afternoon again. Thank you for joining us. I know this is tough on a Friday afternoon, when the weather's so beautiful out there. But we'll endeavor to make this as entertaining as possible. Title of our panel this afternoon is Risk Management, A Full Plate - But Is It Too Much? If you're an audit committee member and you weren't discouraged by the last panel, we'll try to do it again for you with this one as we talk about ...

Recorded on: Jun. 24, 2013

CATHERINE BROMILOW: Well, welcome back everyone. We're going to get started with the Financial Reporting Developments panel, and again, we have a fair amount to cover in this panel. And let me start out by at least introducing our panelists. Again, I'm going to work in reverse alphabetical order, and I'm going to start to my immediate right. I'd like to welcome Daghan Or, here. Daghan is a practice fellow with the Financial Accounting Standards Board, ...

Recorded on: Jun. 24, 2013

JOHN F. OLSON: This is the last panel of the day. And as Laura has said, we're going to do it a little bit differently from the others. I think I mentioned that to those of you who were on early this morning when we started hours ago. We're going to be interactive. And you'll find in front of you a hypothetical fact situation which I will go through, and it consists of a number of different slides. Forget about the slide with our names on it. That's ...

Recorded on: Jun. 21, 2013

THEODORE O. ROGERS: All right. We're ready to start again. Thank you for being timely in getting back by 1:45. Our next session is on retaliation claims. This is my favorite song lyric-- and it's Anne's suggestion-- "every breath you take, I'll be watching you." Because, as we'll discuss a little bit more, people who have made complaints and stay in the workforce probably do have the point of view that there are people out there with that ...

Recorded on: Jun. 21, 2013

THEODORE O. ROGERS, JR: I'd clink a glass but it doesn't work on the paper cup, so we'll just-- whoops there it goes. Anne's going to introduce our next distinguished panel, but I did want to note that one of the challenges of holding this within the 10 days at the end of the Supreme Court's term is that there can be breaking news. And there's a decision that was issued this morning by the Supreme Court, which our panelists are going to describing ...

Recorded on: Jun. 14, 2013

LAURIE GILBERTSON: Introduce to you the chair of today's program, John Fellas. John is a partner in the New York office of Hughes Hubbard & Reed. He's co-chair of the arbitration practice and co-chair of the international practice of that firm, practicing in the fields of international litigation and arbitration. He's practiced in both the US and England, and as well as being a member of the New York Bar, he is also a solicitor of the Supreme ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: Terrific. Now before I introduce the next panel, I have an invitation for everybody here. And Jerry [? Akson ?] made mention of this. The New York International Arbitration Center, or NYIAC, it is having its inaugural meeting and reception next Monday, June 17 at 6:00 p.m. And you are all invited to attend if you wish to go. However, it's at 150 East 42nd Street on the 17th floor. And if you do wish to go, you need to RSVP by Wednesday ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: Well, let me tell you, breaking news, the Supreme Court issued an opinion today in an arbitration case, the Oxford Health Care case, a class arbitration case. It's what's called a clause construction case. This is a case where the arbitrator is empowered or not empowered to construe a clause to determine whether it authorizes class arbitration. In a case a few years back called Stout-Nielsen where the chairman of the tribunal happened ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: OK, and welcome back. We will now resume. Having begun with arbitration in the United States, we're now going to branch out to some parts of the rest of the world. And obviously, we can't deal with all of the rest of the world. And any choice of country is going to inevitably be random. We do have distinguished arbitration practitioners from across the world, from four continents, in fact-- as far east as Japan, as far south as Brazil, ...

Recorded on: Jun. 14, 2013

JOHN FELLAS: So let me just quickly introduce-- well, while they're coming up-- the members of the next panel, and three of them are not as advertised, and one of them's changed firms. So it's interesting that this is the panel on advocacy, where three people we lost because they're too busy to be here. The one who has been a constant is Olie Armas, a partner at Hogan Lovells here in New York. That's recent. The newcomers are David Arias, who kindly ...

Recorded on: Jun. 12, 2013

MEGHAN K. CARNEY: Now, it is my absolute pleasure to introduce the chair of today's program, Rebecca Walker. Rebecca is a partner in a law firm of Kaplan & Walker, LLP, specializing in corporate compliance and governance. Ms. Walker advises clients on the development and implementation of ethics and compliance programs. She has been working in the compliance and ethics field for over a decade, serves on the boards of two compliance and ethics ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So the compliance world is a different place today, vastly different than it was just a few years ago. It is no longer an American phenomenon. The United States has always prosecuted a lot of stuff that happened outside the United States, and the Foreign Corrupt Practices Act is a great example of that. But now there's so much more cooperation between governments in enforcement. And even the Organization of Economic Cooperation and ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So I skipped over this part of Doug's presentation because I knew we were getting right to it, and that is training and communications- right to with the next panel. As Doug very aptly put it, it's really great to have compliance programs as defensive mechanisms. But what we really all are striving for is prevention of misconduct in the first place. And the way to try to do that is reaching the hearts and minds of your employees, and ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So now we're going to end the day with Paul just summing everything up for us, and telling us about the recent developments in the field. As I said, it's been a really exciting year. A lot of stuff has gone on, and I know Paul has a lot to talk about. So I'll introduce him quickly, and let him get to work. Paul is the dean of the University of Dayton School of Law, and he also teaches at Texas A&M's Executive MBA program. Before ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: Good morning everyone. Welcome back. Wow. I'm always so delighted to see people in the audience after that long first day, for which I apologize. I know it's kind of like drinking from a fire hose. Way too much information coming at you. Way too many New York lawyers speaking too quickly. So I wanted to slow it down a little bit this morning, to the extent that if you do have any questions from yesterday, please feel free to find me, ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: So we are going to get started with a luncheon program, which was originally titled "Government Perspectives on Compliance and Ethics Programs." But today we are going to prove that we don't need no government officials to talk about government perspectives on compliance and ethics programs. I apologize, but our speaker cancelled at the last minute. So I've put together a panel in which we are going to discuss government's ...

Recorded on: Jun. 12, 2013

REBECCA WALKER: OK, welcome back, everyone. I think there are still folks filling up on caffeine outside. But maybe when they hear us getting started, they'll wander back in here. So during the presentation this morning with Doug, he talked a little about how his program is structured and the role that the board plays in overseeing the program. I think a critically important part, the level of effectiveness of any program, I would say, probably the ...