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For more than four decades, Fenwick & West LLP has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.  MORE >

Fenwick & West was founded in 1972 in the heart of Silicon Valley—before “Silicon Valley” existed—by four visionary lawyers who left a top-tier New York law firm to pursue their shared belief that technology would revolutionize the business world and to pioneer the legal work for those technological innovations. In order to be most effective, they decided they needed to move to a location close to primary research and technology development. These four attorneys opened their first office in downtown Palo Alto, and Fenwick became one of the first technology law firms in the world.  MORE >

From our founding in 1972, Fenwick has been committed to promoting diversity and inclusion both within our firm and throughout the legal profession. For almost four decades, the firm has actively promoted an open and inclusive work environment and committed significant resources towards improving our diversity efforts at every level.  MORE >

At Fenwick, we are proud of our commitment to the community and to our culture of making a difference in the lives of individuals and organizations in the communities where we live and work. We recognize that providing legal services is not only an essential part of our professional responsibility, but also an excellent opportunity for our attorneys to gain valuable practical experience, learn new areas of the law and contribute to the community.  MORE >

Year after year, Fenwick & West is honored for excellence in the legal profession. Many of our attorneys are recognized as leaders in their respective fields, and our Corporate, Tax, Litigation and Intellectual Property Practice Groups consistently receive top national and international rankings, including:

  • Named Technology Group of the Year by Law360
  • Ranked #1 in the Americas for number of technology deals in 2015 by Mergermarket
  • Nearly 20 percent of Fenwick partners are ranked by Chambers
  • Consistently ranked among the top 10 law firms in the U.S. for diversity
  • Recognized as having top mentoring and pro bono programs by Euromoney

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We take sustainability very seriously at Fenwick. Like many of our clients, we are adopting policies that reduce consumption and waste, and improve efficiency. By using technologies developed by a number of our cleantech clients, we are at the forefront of implementing sustainable policies and practices that minimize environmental impact. In fact, Fenwick has earned recognition in several areas as one of the top US law firms for implementing sustainable business practices.  MORE >

At Fenwick, we have a passion for excellence and innovation that mirrors our client base. Our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes—allowing us to deliver best-in-class legal services more effectively.   MORE >

Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041
650.988.8500

San Francisco Office
555 California Street
13th Floor
San Francisco, CA 94104
415.875.2300

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101
206.389.4510

New York Office
1211 Avenue of the Americas
32nd Floor
New York, NY 10036
212.921.2001

Shanghai Office
Unit 908, 9/F, Kerry Parkside Office
No. 1155 Fang Dian Road
Pudong New Area, Shanghai 201204
P.R. China
+86 21 8017 1200


FCPA Post-Conference Working Groups

​9:00 a.m. – 12:30 p.m. (Registration at 8:30 a.m.)

A - The Ins and Outs of Conducting an Effective Risk Assessment: How to Identify “High Risk” Transactions that Warrant Special Attention and Resources amid Tightening Compliance Budgets

Daniel C. Freed, Vice President, Assistant General Counsel, Chief Compliance Officer, Agilent Technologies (Santa Clara, CA)
Christopher J. Steskal, Partner, Fenwick & West LLP (San Francisco, CA)

A risk assessment is one of the most critical tools for monitoring your FCPA and global anti-corruption compliance program. As FCPA enforcement continues to heat up, companies across a wide range of industries must revisit how they identify the specific risks posed by their industry and business model, and how best to allocate resources to mitigate exposure-and without breaking the budget.

At this highly in-depth, practical working group, the expert speakers will take you through the ins and outs of how to structure and carry out an effective risk assessment, and how to leverage the results to strengthen your compliance efforts worldwide. Participants will benefit from concrete examples, case studies and valuable speaker-prepared reference materials that can be used for your daily work after the event.

Ample time will be left for Q & A-so bring your questions!

Topics will include:

  • Using information gathering tools such as interviews, surveys, and internal documentation to determine your company’s risk of violating the legal and compliance requirements of the FCPA
  • How assessments differ from audits
  • How to separate higher risk transactions when identifying the goals of your risk assessment process
  • Strategies to prioritizing resources and educating employees on the who, what, when and where’s of these high risk transactions
  • How to determine thresholds for higher priority reviews
  • What to do with data and information obtained during your risk assessment
  • How to track high risk sales and marketing transactions and red flags to consider
  • How often should a risk assessment be performed – internal v. external reviews

1:30 p.m. – 5:00 p.m. (Registration at 1:00 p.m.)

B - An Inside Look at FCPA Accounting: What Every Compliance Executive and Attorney Needs to Know about the Books and Records Provision of the FCPA, and Internal Controls That Can Withstand SEC Scrutiny

Randall R. Lee, Partner, Wilmer Cutler Pickering Hale and Dorr LLP (Los Angeles, CA), Former Regional Director, Pacific Region, SEC
Thomas A. Zaccaro,  Partner, Paul Hastings LLP (Los Angeles, CA), Former Chief Trial Counsel, SEC Pacific Regional Office

The accounting provisions of the FCPA are designed to complement the anti-bribery provisions by prohibiting “off -the-books” accounting and are at the forefront of many FCPA enforcement actions led by the SEC. The FCPA requires an issuer to devise and maintain a system of internal accounting controls, which provides reasonable assurances that transactions are properly authorized. The record-keeping and accounting standards apply to domestic operations, as well as to foreign operations; they are also the subject of SEC enforcement actions, even when the anti-bribery provisions are not met.

This practical and interactive workshop is designed to take you through the core principles of how companies “make and keep books, records, and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the issuer,” and the internal accounting controls necessary to ensure the reliability of this information.

  • Defining “in reasonable detail”
  • Understanding the basics tenants of the general accepted accounting principles (GAAP) and how this is applied to the FCPA
  • How to identify red flags and systematic patterns of bribery in your books and records
  • A review of the key components of Section 13(b)(2)(b) of the Exchange Act, or the “internal controls” provision
  • What is deemed a “reasonable assurance” to satisfy “prudent officials”
  • How do effective internal controls address risk, types of products, geographical considerations, and the type of workforce
  • Understanding the role of internal audit in FCPA compliance
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