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Current FCPA Issues in the Medical Device Industry



Tuesday, September 18, 2012
Product Code - LGN55
Speaker(s): Peter V. B. Unger, Arent Fox LLP; Mark S. Radke, Arent Fox LLP
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The program will focus on the difficult anti-corruption environment facing medical device manufacturers operating internationally. The "high risk" mapping for potential compliance issues will be discussed, together with practical suggestions for enhancing risk management. Third parties, particularly business partners and consultants, have been a source of serious problems. Our faculty will address the dangers of using third parties including business partners such as distributors and agents. They will also discuss best practices for due diligence for business partners and give recent real-world examples.

Recent SEC and DOJ enforcement actions will be highlighted. The faculty will discuss the remedial actions taken in connection with these settlements, including compliance monitorships. Current anti-bribery and anti-corruption "best practices" in the industry will be addressed as well as questions from program participants.

Educational Objectives:

• Learn what you need to know about anti-corruption compliance in order to advise your business clients.
• Find out about the Dodd-Frank whistleblower provisions.
• Gain an understanding of recent FCPA/Bribery Act and anti-corruption.

Who would benefit from attending the program?

Compliance and legal department employees; outside counsel advising multi-national businesses.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the "CLE Credit" tab. 

Peter V. B. Unger, Arent Fox LLP; Mark S. Radke, Arent Fox LLP

Peter Unger, Arent Fox LLP
Peter Unger is a partner in the litigation group. He concentrates his practice on defending clients in governmental investigations, including actions before the Securities and Exchange Commission (SEC), Department of Justice (DOJ), Congress, Financial Industry Regulatory Authority, and state securities regulators. He also conducts and defends internal investigations and independent reviews, defends securities litigation, and advises on compliance, crisis management, and corporate governance. In addition, Peter defends FCPA investigations, provides FCPA compliance advice, and conducts FCPA due diligence of potential agents or business partners worldwide.

Peter also has served as counsel to both SEC and DOJ corporate monitors and is currently serving as corporate monitor of a large multinational corporation pursuant to the settlement of a World Bank Group debarment proceeding. He earned an LL.M. from Georgetown University Law Center, a J.D. from the University of Cincinnati College of Law, and a B.A. from Miami University.

Mark Radke, Arent Fox LLP
Mark Radke is a partner in the Litigation Group. His practice focuses on defending corporations and individuals in SEC enforcement proceedings and counseling on compliance and corporate governance issues.

Mark has represented public companies, their audit committees, and various executives in SEC investigations into financial reporting and accounting fraud, Foreign Corrupt Practices Act violations, alleged insider trading, and violations of various broker/dealer and investment advisory rules and regulations. He has also conducted a number of internal investigations, and defended clients in state and federal criminal investigations and SRO inquiries into securities related matters.

Mark earned an LL.M. from Georgetown University Law Center, a J.D. from the University of Baltimore School of Law, and a B.A. from the University of Washington.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.