The Future of Legal Tech in FCPA Enforcement

The Future of Legal Tech in FCPA Enforcement

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>> Daniel Gold: Welcome to BDO's Legal Tech  Talk podcast. We're joined by judges and   legal professionals to discuss emerging trends,  regulatory updates and the latest headlines. We'll   provide tips to help your law firms and legal  departments make the most out of legal technology. >> Jared Crafton: Hi everyone, I'm Jared Crafton,  BDO's Forensic Technology Practice leader. >> Daniel Gold: And I'm Daniel Gold,   Forensics Principal and leader of the  EDiscovery Managed Services practice. >> Jared Crafton: Let's get started  with this episode's exciting topic.

>> Daniel Gold: Welcome back to another edition of  BDO's Legal Tech Talk podcast. We are joined today   with a very special episode. Joining us in the  virtual recording studio is both Nat Edmonds, who   is a Partner, White Collar Investigations, over at  Paul Hastings, and also we have with us - which is   the first time, Jared, that we've ever done this  - we have a fellow BDO professional joining us,   Pei Li Wong. So, Nat, Pei Li, welcome to the  program. It's so nice to have both of you here. >> Nat Edmonds: Happy to be here. Thank you. >> Pei Li Wong: Thank you. >> Daniel Gold: Now, Nat and Pei Li, you know,  I could give some lengthy introductions about   your tremendous backgrounds for both of  you, but often what I find is LinkedIn   profiles, the resumes don't really do people  any justice. So Nat, if I could start with you,  

if you could just give a little bit of a  highlight of your professional background,   sort of credential yourself  for us would be fantastic. >> Nat Edmonds: Well, thanks very much.  Appreciate the opportunity to speak with   you guys and your listeners. And I have been  working in the investigations white collar   world for over 20 years. I started my career at  the Department of Justice as an honors attorney   in the Criminal Division fraud section and  spent a decade there doing a variety of,   white collar investigations, from multibillion  dollar accounting frauds with four month trials   to congressional corruption cases, pursuing  both lobbyists and elected officials to some,   of the largest international corruption  cases at the time as part of the Foreign   Corrupt Practices act unit within the fraud  section. So I spent about a decade there,  

had really amazing experience, really had a great  opportunity to serve the public, understand kind   of the legal and international business world. And  then I shifted to Paul Hastings, where I've been   for over a decade as well. I'm an investigations  white collar defense partner focusing broadly on   international criminal enforcement, focusing  mostly on international corruption or Foreign   Corrupt Practices act cases, FCPA cases. Although  I'm increasingly connected to a variety of other   regulatory and criminal offenses linked to those,  whether it is trade controls or sanctions, whether   it is a variety of other international issues. My  specialty is dealing with crises with big cases  

that put the company at risk and kind of them  walking them through the most significant legal,   factual and business issues for them to deal with.  And I've been blessed or cursed, depending on how   you look at it, with handling some big cases  as well as some smaller cases which are really,   really important to the people that are in the  middle of it. I love what I do. I am constantly   learning about new things, being faced with new  challenges in a changing enforcement environment,   changing regulatory environment. And I  get an opportunity to work with great   professionals at BDO and elsewhere to do some  of the great work that we all do together. >> Daniel Gold: That's fantastic. And one of  the things that I can already tell, Jared,  

that we're going to love talking with Nat  here is the level of passion you have just   in talking about your background. And one of the  things in particular I thought was so noteworthy   was you said that you've been serving the  public and I love that because it speaks   volumes about how you perceived yourself and your  role working at the DOJ. So that's fantastic and   obviously we appreciate the service that  you provided to the public as a result. Pei Li, why don't you talk about  your background. Obviously what  

is the connection that you've got here to Nat? >> Pei Li Wong: Well, Nat and I have worked  together. I think we've known other for over   10 years by now and we really had fun working  together. I am a Principal here at BDO. I'm based   in New York with a focus on cross-border forensic  work, and so that calls in the FCPA part of it,   which is a lot focused on cross border  transactions and business activities. I   spent half my life by now in Asia. I started  out as an auditor. I was based in Singapore,  

grew up there and got exposed to some of the  issues in that region, especially in China   and India and others as an auditor. And when I  made the switch to forensics over 20 years ago,   it's natural for me to continue focusing  on that. And so at BDO I also lead the   Asia Forensics desk. And like Nat, I've been  working on many FTPA cases and some of them do  

not originate as FCPA cases and in others they  actually turn into something else or something   bigger that came out of FCPA allegations. In  addition to some of the anti corruption work,   I've increasingly spent time in export controls  and sanctions work as well. So anything that   has to do with international supply chain  fraud, that's one of our focus areas here. >> Nat Edmonds: I'd note that  my particular area of interest,   one of the things that brought me to the FCPA, was  Asia. So I lived in Asia as a child growing up,   and then I lived in China shortly after college  and thought I, would have nothing to do with Asia   again. Did other business consulting before coming  back to law school, and then eventually spent a   significant amount of time for DOJ building  relationships in Asia, including as the point   person on corruption for DOJ to China, having met  with the Chinese government, Chinese prosecutors,   to try to build cooperation between the US And  China, given some of the overlapping interests   and at times competing interests. But I do  think that one of the fascinating things that  

draw people to this profession is the impact  of the international business environment,   the fascinating cultural shifts that can occur,  and really unique fact patterns that can make   for good stories at, dinner, party or a bar,  depending on the stories you're willing to tell. >> Daniel Gold: Well, speaking of which,  somebody comes up to you and says to you   at a bar or a party, you know, "What exactly  you do?" and you start rambling off all these   acronyms. Sometimes it may be a little  overwhelming and intimidating. So why   don't we take a big step backwards for all  of our listeners and we talk about the FCPA. That's obviously the focus of our conversation  here. The FCPA is the Foreign Corrupt Practices   Act. And for those who don't recall,  former President Jimmy Carter back   in 1977 was the one who enacted this into  law. And if my understanding is right now,  

and you are the expert, not me, on this area,  is that, the law was enacted mainly because of   some revelations of widespread bribery  of foreign officials by US Companies,   and that's the reason why it was there. What I'm  wondering is to start us off, maybe you could talk   to us in your own words about, explain the FCPA,  discuss its significance with us, and why is it so   important for Americans who operate  internationally to understand what this is? >> Nat Edmonds: Part of the reason that the  FCPA is relevant is it impacts economic growth   because you're giving away your profit margin  to a government decision maker. You are not   investing in service. You are not investing  in the best products that's out there. It,   distorts the economic environment. But  fundamentally, it is a breakdown in the   rule of law. And if you are willing to  break the law to gain an additional sale,  

the US Government has made very clear that this  is also a risk on the national security side,   that all of a sudden this money may be  floating in different directions. This   may be threatening national security of  the United States and around the world. >> Jared Crafton: I've been doing FCPA work  for a very long time. I'm curious of your   perspective of the shifting enforcement over  the years. You know, it's been on the books,  

as you've said, for a very, very long time.  But it seems like it's only been since,   you know, maybe your career got started  that it's really been hot. You know,   it's really been a focus of the DOJ and the SEC.  Could you take a minute and just kind of describe,  

you know, what the current enforcement looks like  and how that has shifted from previous years? >> Nat Edmonds: I think the current enforcement  is at some of the highest levels that it has ever,   ever been. And I think DOJ and SEC  are threatening more, especially   with the growth of global enforcement  partners and new incentive structures,   creating a whistleblower bounty program,  encouraging a variety of other ways to get   information to the enforcement agencies that is  useful for law enforcement. But I would say that   the growth has been pretty dramatic. I started  at DOJ in 2003 and the enforcement wave really   took off a few years after that. I think my first  enforcement FCPA case was 2005 in some of this,   and I dabbled in some other things along the  way. But it has grown from a, DOJ enforcement  

piece from a handful less than five FCPA focused  attorneys to more than 30 just in the DC fraud   section FCPA unit. And they have well over  30 partner AUSAs in offices around the US and   that doesn't even count the global partners, which  when I was there, was an important part of my job,   traveling the world to meet with the UK to meet  with the French authorities, to meet with Russia,   to meet with Brazil, to meet with Sweden to try to  build partnerships, some of which were successful,   some of which were not. But the current  global enforcement is very much not US only,   but increasingly multi jurisdictional. And  that leads to a variety of legal issues,   technological issues in terms of what is legal  or allowed to export, to retain, to image in a   variety of different countries around the world.  And it significantly increases the enforcement  

risk for companies who are out there who may never  thought that they would face this. And it's also   one where it is not simply a US issue, but really  a global risk for companies that are out there. >> Daniel Gold: So that's interesting  that you were saying about talking   about how this is a global issue and  that's actually a question I wanted   to ask you. So you are a US delegate to  an organization I'd love for you to talk   more about and then I'm going to have  a question for you about it, naturally. But speaking of acronyms, you are part  of OECD, and that is the Organization for   Economic Cooperation and Development, if I'm not  mistaken. And you are part of a working group on  

bribery. Walk us through, please, Nat. Like, what  does that group do? Why are you a part of it? >> Nat Edmonds: So I was a part of it when I was  part of the US Government when I was at the DOJ.   And it is a, collection of different economies  around the world, over 40 different of the major   developed economies around the world. And the  Working Group on Bribery actually was established   in the late 90s to essentially internationalize  the FCPA. So the FCPA had been enforced primarily   against U.S. companies. And so the Working  Group on Bribery has collected a variety   of different countries around the world. The UK,  France, Germany, the Netherlands, Japan, Brazil,  

a variety of the countries that are there to enact  legislation that is equivalent to the FCPA to   essentially set out that it is illegal not just  in the United States for US Companies to bribe,   but it's going to be illegal for a Russian  company to bribe or a Korean company to bribe   to level the playing field, as it were. And so  the role of the OECD and the Working Group on   bribery when I was one of the US delegates to  that is to essentially evaluate the legislation   and the enforcement of these different  laws around the world, whether it is Peru,   whether it is Switzerland, whether it is Italy,  to say, are you doing enough to enforce your laws   against your own companies that are violating  international bribery laws? And if you're not,   hey, you know what, the US may step in and do that  type of thing. There were law enforcement meetings   that shared intelligence and there was evidence  or leads that were shared which have led to some   of the largest cases that have been brought by  the US and others. It is a multinational or multi  

economic group that is there to essentially  ensure that there is a level playing field.   And US Companies are not the only ones that are  subject to the international corruption laws. >> Daniel Gold: How have you seen the cooperation  change over the years when you were a part of it? >> Nat Edmonds: I would say it  changed pretty dramatically. When  

I first started working on FCPA cases, it  was basically US only. I was involved in,   I think three joint cases with the UK that were  resolved early on, but late in my tenure at DOJ,   and it has now grown dramatically where if you  look at either the DOJ or the SEC's, who they   thank, and that's always the critical piece, who  they thank in their press releases, inside tip,   that's what matters. You're going to see that  they are thanking everybody from Singapore to   Brazil to the Cayman Islands to the Isle of  Man to Switzerland to UK to the Netherlands   and those are partners that some of which would  not have been involved years ago. South Africa,   Australia, you've got the Philippines, you've got  a variety of different countries that have taken   on different roles, some of which are enforcing  their own laws and some of which are just now   cooperating and providing evidence and information  to the U.S. enforcement authorities or to the main  

enforcers that are out there, which is going to  be Brazil, UK, France, Netherlands, Switzerland. >> Jared Crafton: You're just showing us the  scale, I think of the global coordination it   takes both in enforcement, but then also  if a company does have an incident and   they need to investigate it and they need  to get boots on the ground and figure out   what happened and figure out exactly  what, you know, the damages may be. Pei Li, I know you've done investigations  all over the world. What are some of the   challenges in these cross border  investigations that you see? >> Pei Li Wong: You know, the very fact  that what we're in multiple jurisdictions,   working in different locales and experiencing  different cultures, business practices that   the company needs to look into and that on its own  presents several challenges. The resources, right.   And one of the things that I think continues to be  a challenge today from way back when is building   a team or putting together a team that has all  of these strengths and skills and qualifications   to help the company move forward with their  monitoring, with their investigations, with   their testings and audits. And you know, it's not  just about knowing the local culture and business   practice. It's also understanding how to navigate  the local environment and have a very, very good,  

strong understanding of what the US regulators  and other regulators expect of the company. And   that might also include some awareness of the  different various international laws that might   affect the company. My first exposures to export  controls and anti money laundering came from an   FCPA case that I was working on and that's  many years ago. And then you bring along all   these other factors like international tax laws,  transfer pricing, minimum export prices, all these   other laws and regulations that come together to  create that environment that a company or prison,   it is very challenging. So that would  be one of the challenges that I see. >> Daniel Gold: If you're ready to take on, the  biggest challenges in eDiscovery, then access   BDO's latest eBook, "How to Tackle and Manage  5 Common eDiscovery Challenges." BDO developed   this eBook to provide actionable insights and  strategies tailored for legal professionals. Dive  

into essential topics such as data privacy,  cost management and advanced technologies   to streamline your eDiscovery process. Download  the eBook on BDO's Legal Tech Talk podcast page. Nat, one of the things that we definitely want you  to talk about, obviously the genesis of this whole   podcast is talking about technology. When we talk  about FCPA in the context of technology, what have   you seen in your tenure as far as advancements in  technology, whether it's eDiscovery, whether it's   artificial intelligence, how has the advancements  in technology impacted how you've been prosecuting   cases, if you will, with FCPA, even as your time  as partner over at Paul Hastings? What does that   look like from your perspective, from your vantage  point is, has it gotten easier, has it become   more complex? There's more data types, there's  more data volumes, but that's being fixed as   a result of all this great technology that's out  there. What does the landscape look like for you? >> Nat Edmonds: I mean, unfortunately, you go back  to the history lesson of just binders and boxes,   right? So when I first started doing FCPA cases,  right, There were binders and boxes of hard copy   documents, right? And some of them were printed  out emails. And it started with nobody knew which  

time zone it was in, right? So, like, that got  very confusing when you're building chronologies,   right? Those are simple fixes that now can be  very easily fixed on a technological level.   But I think the fundamental challenge on all of  this is the volume of data is just dramatically   increased exponentially. So long ago you would  have email and occasionally, some of my cases   even had pager data and stuff like that, if you  go back really, really long on some of this stuff.  

But that was it, and it was really limited in  terms of what's there. We did not have these   mobile devices in our hands, which means that  the volume of communications is immense. And so   being able to understand how to image data, not  only in laptops, on servers, on shared drives,   on cloud drives, all over the world, through a  variety of different data privacy regulation,   cybersecurity issues that are there. But then  be able to cut the data in a way that is useful,   in a way that is cost efficient for companies that  are paying a huge amount to host the data, but   also to have people review the data. And that is  a critical piece, but it is just there's way too   much data that's out there. And I have cases with  huge numbers of terabytes of data. And comparing  

this to the size of the Library of Congress and  all the data in the Library of Congress is. It's   multiple times the entire Library of Congress.  And if that's the case, how on earth can we look   at it and identify that needle in the haystack  when People are sometimes using coded language,   using messaging apps, oftentimes in my cases, in  multiple languages, right? So you have to have a   remarkably talented tech team and an analysis  team that can understand what the data is,   where it's stored, and how to fit it all  together. Especially, as often happens when   things are deleted in a way that sometimes can  drive us directly to what is most important, at   least in their minds. And you need a talented tech  team to be able to look at that and fundamentally  

find that needle in those, 10 terabytes of  data that you've collected along the way. >> Daniel Gold: Something else you  mentioned that was really interesting,   though, was about the Library of Congress.  The reason why I find that interesting is,   as Jared and Pei Li know, I give CLE is all over  the country, and I talk about the introduction   of legal technology and attorneys ethical  responsibility to understand it. And one of   the things I talk about is the growth of data.  It's so funny you mentioned Library of Congress,   because I actually have a slide where I talk  about, can anybody guess how much data would   be if you digitized every physical copy of every  book in the entire Library of Congress? And the   answer is 10 terabytes? And I often say, as part  of that slide, that if you don't have the right   team and you don't have the right technology,  it's literally like reading every single book,   cover to cover, in the entire Library of Congress,  which is the largest library in the United States   of America. And I find that so interesting  that you bring that up and you're right,   the data volumes are growing so much. And you  talk about the communication part of it. Do you  

find that things like ephemeral communication,  meaning communication that literally is here   and then it's gone, it is instantly  or after a matter of minutes or days,   it is deleted. We find that in various different  apps on various different mobile devices. Do you   find that ephemeral communication is something  very difficult in your investigations? >> Nat Edmonds: I don't find ephemeral, messaging,  the disappearing apps, as critically important   as just messaging apps, which are often on  mobile devices that are sometimes owned not   by the company, but by individuals. If somebody  is using a disappearing app, they're not going to   be found. Most of the time, they are smart enough  to be covering their tracks. So if they're using   encrypted, highly encrypted or disappearing  apps, we're not going to be able to find what   actually happened. Frankly, I think that that's  a, bigger risk for companies if they have people  

who are designed to do that. But ultimately, the  messaging Apps is where we are running across   both legal and technological issues. We're not  necessarily doing ones where it's signal or where   it's actually disappearing. What you're doing  is this is on their personal phone, but they   use it for business purposes. It's a business  record and they're talking about contracts and  

they're talking about normal business, then if  DOJ or SEC has a problem and I can't answer and   say what happened because I don't have the normal  business communications and we're going to get hit   for that. So I think it's a messaging app issue,  less than an ephemeral messaging app issue. But I   do think that what has shifted with the rise of  messaging apps and especially the lack of good   Internet, not good Internet access, but good  telephonic cell phone access, but good WI fi   access around the world, is that we've shifted  to messaging apps. And so there has not yet been   a institutionalization. Everything else that's  out there, where there's an enterprise version,   I know there are some attempts at it which has  been readily adopted by the corporate and business   world. And as long as that is there, there's going  to be a gap between how employees communicate,   what companies retain, and what the  enforcement agencies are expecting. >> Jared Crafton: Describe the proliferation  of data clearly. It's just completely exploded  

over the course of your career. And so some  of these techniques have been out there for   quite a bit. Could you describe for a minute,  you know, what you're seeing out there right   now? What do you think is truly going to make a  difference as companies investigate these issues,   as the government, the technology  that they're using to investigate   these companies, what's out there that's  really speaking to you these days? >> Nat Edmonds: I think it very much depends  upon the situation that you are facing,   the volume of data that you have and  what your goal is. Where I think we have  

a harder time using this AI or predictive  technology is when there is an issue and   you are trying to identify what are the  most relevant documents. And what I've   seen most effective is using it to obviously  build chronologies, identify the key people,   identify the communication patterns, who's  communicating to who right when that pattern   changes. And frankly, tying it to deletion  analysis, I think has been kind of fun too.   There are certain aspects of this which can be  very useful, but it is making sure that you have   a technological team that knows enough of how to  do this in a way that you are credible before the   enforcement agencies or credible before the  board. When I'm explaining and Saying that,   yes, I will vouch that I don't believe there's  anything there. Or this is the manner in which   we've determined that these three people need  to be disciplined and these seven people do not. >> Jared Crafton: Well, I think you so succinctly  described the value proposition for why these   technologies are useful. I mean, it's the  amount of time saved. It's being able to  

not look at things that, you know, that are  not interesting. In my own example before,   when we used a predictive model to create an  analysis that went to the DOJ, we estimated we   saved 50,000 hours, which is not an insignificant  amount of time. And really, I think the government   eventually saw the value in getting to those  answers quickly getting to a better answer.

Pei Li, I'm curious from a, consultant side,  what technology is speaking to you these days?   I know our teams have done, tons of work  together. You've relied on our analytics   quite a bit. What have you seen out there that  our listeners are going to find interesting? >> Pei Li Wong: I couldn't agree with Nat more  on the importance of sifting through that massive   amount of data to get to the information that  we need to help clients and organizations.   And one of the things that continue to be a,  big focus for us or a big tool for us is having   advanced analytics to run those searches and,  analyze the data and correlate across multiple   factors of importance in an investigation. And  that's again, going to multiple systems gathering   that data very efficiently and processing it with  input from the key stakeholders. And I want to   emphasize too, that when we get to a result of  looking at a much smaller set of data than the   entire population, that's a result of an  iterative process with taking interviews   or conducting interviews, conducting document  reviews, and feeding the information gathered   from all these work streams into the same  work stream that drives the data processing   and analytics. So I think that's one of the most  important thing. We see that as an opportunity  

and also a challenge. Right, because we want to  make sure that there are no blind spots creating   a disconnect between the data and other elements  of the fact gathering. So that, and I've seen too,   that data scientists and analysts working a lot  more closer with the accountants and the lawyers,   they're on the same investigative team as it  relates to AI. I do want to highlight a few   things. I think AI is, it has been kind of, as  you pointed out, Jared, used by us and others in   the field to conduct investigations, to identify  red flags and transactions that are worth a second   look when we do this across borders. Taking into  account different languages, different references.   It could add a certain level of challenge. We  need to be a step ahead of them, or at least  

be in step with them to figure out those as soon  as possible and then, as efficiently as possible. >> Daniel Gold: What's very challenging, as our  listeners know, who have dealt with predictive   coding technology, system review, and also  Nat and Paley, I'm, certain that you know   this when we talk about that, first of all,  that is a form of artificial intelligence,   to be clear. So that is definitely when we  talk about AI today, we forget about the   fact that all these structural analytics,  conceptual searching, name normalization,   et cetera. But when we look at what people  are really talking about right now with AI,   we're really talking about generative AI.  We just talk about what the prompt is. And Nat and Pei Li, I am curious from your  perspectives as to whether or not the FCPA   investigations within, the government is  permitting or allowing the utilization of   generative AI, which is now embedded into  publicly now for most popular eDiscovery   programs or any generative AI application for  purposes of performing the investigation. Again,   to save time, to save cost, etc.  What's the stance currently today?

>> Nat Edmonds: I think one of the things that  your listeners should be aware of is that DOJ has   cautioned companies on the use of AI and that they  want to be very confident that companies who use   it in their data analytics, in identification,  on compliance issues, or more broadly, that it   is not being misused. And I think that that is  why it is critical to make sure you have a good   technological partner who knows all of those  words that you mentioned, which I don't know,   but also can think about it broadly. And this is  why it's a team can think about it broadly from   both the technological, the legal, the forensic  aspects that are there, because it's a combination   of different things that are going to be critical.  Generative AI. Again, I was a history of religion   major in undergrad, so I may not be the most  technologically savvy on this, but I know some   it's based on what it's trained on. And if it is  trained on the universe of my teenagers talking,   that's going to be very different than if it's  trained on the universe of corporate executives   talking. It's very different than if it's trained  on the universe of pharma sales reps in China.   And so as we think about what is the AI use,  what it is in terms of the linguistic side,   whether we're looking at the financials and the  transaction testing and identification of outliers   there you need to be thinking about the old term  is the seed set. Right? But fundamentally, what  

are you basing that on? I think that ultimately  we need to be thinking about what is this going   to be used for. And that from my perspective  as an enforcement lawyer, that's the way we're   going to be able to convince the US Government  or agencies around the world that the use of   AI is appropriate and we are not intentionally or  unintentionally misleading them with our results. >> Daniel Gold: Pei Li, what's  your stance on that as well? >> Pei Li Wong: So from my perspective,  and I'm a forensic accountant,   so I can speak to the legal aspects of  it, but my role in many of these are   fact finding. And I do want to have the evidence.  I want to be able to trace the flow of assets,   the transaction, the exchange of  assets. And at the end of the day,  

it goes back to what can I present to the client  that says, yes, this happened or did not happen,   or whether we have enough support to say that  a, ah, certain activity has occurred. In many   of the investigations that I've done, the biggest  challenge is the omission of data or information.   And when it's not there, you couldn't really say  it's there. A lot of it can be circumstantial. But  

that is also helpful for the company to present  to the government or for the lawyers to say,   okay, this is what we have and this is what we  do not have. Now, how do we make sense out of   all of this? So that's the biggest challenge for  me, making sure that everything is backed up by   facts and backed up by documents. So how we get  there, I think AI might be helpful. But again,   I think the legality of it has to be assessed  by people, by lawyers like Nat and others. >> Nat Edmonds: I think a lot of it is. I mean,  I think there's a number of both law firms and   others that are trying to figure out how best to  do this and how to use in particular data sets   or investigative issues that they have internally  and how to create their own generative AI aspects   so that we can cut thousands of hours off of  investigations and reviews, or help identify   how best to enhance compliance program. Right. To  add to that, these are the ways that I don't think   that there's that link yet that is there.  But I think everybody is excited about the  

opportunity because of the challenges with data,  the challenges with rising costs in general and   how to be most efficient to help companies solve  their biggest problems in, a way that they aren't   Spending more money on this when in a time of  conflicting budgets. I'll just put it that way. >> Jared Crafton: One of the more exciting  use cases that I think is coming probably   on the near horizon is really being able  to use generative AI to help companies   employees get access to the information  that they need or to report, you know,   what they're seeing. Right. Imagine, you  know, ethics hotlines, whistleblower hotlines,   where the person reporting can actually interact  with a system and get real data and get some   answers as they're kind of describing things. It  would also, I think really allow investigators,   you know, who oftentimes just get a very cryptic,  you know, report of something going on, you know,   would really give them a chance to, you know,  maybe get some more information quickly.

I'm curious your take on the  DOJ's new whistleblower pilot   program and what you think the impact  of that's going to be, say next year? >> Nat Edmonds: I'm happy to start on this one.  I do think DOJ has recently made some statements   that They've received over 100 tips on this issue.  I was at DOJ when SEC launched their whistleblower   program and the bounty program there, and  it has in the FCPA area as well as others,   and it has led to very significant awards.  Right. Hundreds of millions of dollars,   if not billions of dollars when you put it all  together to various different individuals and   their attorneys. I do think DOJ is seeking some  way for them to get more information that is not   put through a filter of companies. And this is one  way to provide those incentives. The challenge is  

separating the wheat from the chaff. What is  legitimate, what is not. I think DOJ is going   to be very focused on getting new information,  not just for FCPA, but for a variety of these   white collar enforcement issues. There's a lot  of money floating around and so that leads to   both plaintiffs lawyers and individuals, which are  both seeking opportunities, but also competitors   willing to, or trying to throw their competitors  under the bus. Right. There's nothing like a,   FCPA allegation that comes in which is without  justification that you suddenly spend a huge   amount of time and energy on and can impact stock  price. So I think that DOJ needs to be cautious in   how they vet these in the same way that the SEC  has generally been cautious in terms of vetting   these before approaching their companies or  making things public. I do think that it is  

already having an impact as things come in  and as companies are aware of these issues,   updating their whistleblower hotline policies,  ensuring that there are quick turnaround times   in terms of responding to these issues, looking  at the data analytics of how long it takes,   where it goes, all of these things. It's a renewed  emphasis on a topic which has languished I think   for a little bit, but is increasingly important  in a disconnected age, especially as more and   more people are outside of the office and there's  not the same personal loyalty that was critical,   I think in long term employment and  belief in the future of the company. >> Daniel Gold: Nat, this  has been extremely helpful.   I've gotten an education here today which is  always a good sign of a great episode. If I   could learn something and I definitely learned  something from you. Pei li, I definitely learned  

something from you as well here today. And you  know, as we're talking about learning new things,   if I'm not mistaken, Pei Li, there is an upcoming  conference where you all are going to be talking.   Can you share a little bit insight as to what's  coming up and where people can find you guys? >>Pei Li Wong: Thanks Daniel. So yes, I will  be on a panel at the ACI FCPA conference in   Washington D.C. that's going to be in  December 4th to 5th. I'm going to be   on a panel with Stephanie Accousti, who is the  Global Head of Integrity Investigations at ABB,   and Angela Main, who is the Senior  VP, Global Chief Compliance Officer,   and associate GC at Zimmer BioMet. So we will be  doing a deeper dive on China, covering some of the  

challenges of operating in China and discussing  the evolving FCPA compliance programs in response   to the latest trends as well as considerations  for managing third parties and navigating   China's laws and balancing those requirements  against expectations from the US regulators. >> Nat Edmonds: And I'd just like to jump  in and say that it's a fantastic conference   and I will be there and it is an amazing  opportunity to learn from distinguished   speakers. Pei Li and her fellow panelists  will, I'm sure, provide a fantastic insight   into this and I encourage everyone to  both go to the conference and attend.

>> Daniel Gold: Well, if other people want  to be in the front row and also have a badge,   can you share? Where do people go to go  ahead and register for this conference? >> Pei Li Wong: It will be at this website and we  could probably put that in the registration for   this podcast as well as at AmericanConference.com  FCPA DC that's good in that way. >> Daniel Gold: If there are people that are local  or people that do want to go to this conference,   they can pester all of you with great questions  after listening to this podcast as well. Thank   you both very, very much for being in our virtual  recording studio here today. We really appreciate   it and I know everyone is looking forward to  seeing you guys at the conference. Thanks so much.

>> Nat Edmonds: Thank you. It's  been a pleasure. Thank you. >> Jared Crafton: Thank you guys. >> Daniel Gold: Thanks for joining  us on BDO's Legal Tech Talk podcast. >> Jared Crafton: If you're enjoying  these podcasts, don't forget to rate,   review, and subscribe for more episode episodes.

>> Daniel Gold: Head over to BDO.com  for a list of all of our episodes,   transcripts, resources, and how to get in  touch with us to continue the conversation. >> Jared Crafton: Until next time, this has  been another episode of BDO's Legal Tech Talk.

2024-11-24 12:50

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