Day 2 - Tuesday, November 30, 2010

09.00 Co-chairs Welcome & Introduction

09.10 Update On US And European Regulatory Investigations And Prosecutions: The Year In Review

• Reviewing the increase in multijurisdictional cases and international cooperation: Referrals and investigations as a result of information- sharing among enforcement agencies
• Examining new investigative techniques, recent cases and the latest enforcement trends being employed by regulators
• Delving into FCPA enforcement activity, with a particular focus on non-US based companies and companies from countries with emerging economies
• Examining the encouragement of US regulators for cooperation in investigations (Cooperation Agreements, Deferred Prosecution Agreements and Non-Prosecution Agreements)
• Finding out what regulatory expectations are with respect to electronic information management and disclosure in an enforcement context
• Developing a clear understanding of what is protected by legal professional privilege (LPP) in investigations conducted within the European community
• Overcoming restrictions on transmitting data across borders

10.00 Developing An eDiscovery Response Strategy: When Regulators And The Courts Take An Interest In Your IT Infrastructure

• Understanding the questions that regulators might ask your IT department when they come knocking
• Real life examples of what European companies are doing to prepare a successful eDiscovery response strategy
• The Courts expect an ‘efficient and effective information management system’: What does this mean in practice?
• Helping your company protect itself and look good before the regulator: innovative uses of technology to manage compliance (e.g. Anti-Bribery and Corruption risk/Anti-Trust risk)

Alex Dunstan-Lee
Head of e-Disclosure
KPMG Risk & Compliance Technology

Tom Hopkinson
Associate Director
KPMG Risk & Compliance Technology

10.40 One-To-One Business Meetings / Think Tank

11.10 Global Data Protection: Critical Considerations For International Privacy, Security, Disclosure And Discovery

• Whose rules govern during cross-border discovery, data processing and transfer?
• Understanding the rules that apply to data privacy, retention, preservation and destruction in jurisdictions outside the US
• The 2009 Working Party Article 29: Understanding your disclosure obligations in the US vs. the data protection requirements of the EU
• How to develop the policies and systems required to ensure compliant safeguards during any cross–border dispute or investigation
• Managing risk and costs when moving data across borders

12.00 One-To-One Business Meetings / Think Tank

14.00 One-To-One Business Meetings / Think Tank

15.00 Creating A Global Records Management Function That Minimises Risk And Maximises Compliance

• Identifying and overcoming the most common issues with managing cross-border, cross-business lines records
Designing an effective global records management programme:
• Who owns the policy, process and technology?
• How to achieve a balanced yet inclusive implementation?
• Is it possible to have one global records retention framework across 88 countries?
• Identifying and addressing region-specific work cultures, constraints and priorities
• Staffing a global records management team in the current economic climate

Kian Peng Ong
Head of Records Management Group Management Office
HSBC

15.40 One-To-One Business Meetings / Think Tank

16.10 Collecting, Hosting, Reviewing And Producing Data In International Investigations

• Ensuring compliance by ensuring crucial data is preserved
• Find out which sources of data are subject to preservation obligations
• Overcoming technology hurdles, including encryption and proprietary email systems
• Understanding international litigation environments
• Effectively collaborating across multiple departments
• Communicating with and directing a multi-lingual eDiscovery

17.00 Co-chairs Closing Remarks And Exchange Adjourns

17.10 Free Time

19.00 Evening Drinks Reception & Entertainment