Attention:

The Heightened Risk of Parallel Investigations: What In-House and Outside Counsel Must Know to Navigate Today’s Uncertain Terrain


Level: Advanced
Runtime: 88 minutes
Recorded Date: August 11, 2020
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Agenda

  • What is a Parallel Proceeding?
  • Government Perspective
  • In-House Counsel Perspective
  • Outside Counsel Perspective
  • Q & A
Runtime: 1 hour, 28 minutes
Recorded: August 11, 2020

Description

In today's media environment, it is not uncommon for an explosive report (whether fully accurate or not) in the NY Times, Wall Street Journal, or other publication, to spur state, local, and federal regulators; state, local, and federal enforcement agencies; grassroots organizations; and lawmakers to pounce. Indeed, companies are now more commonly thrust into a situation where they are navigating investigations from a host of entities, all of which invoked different legal processes, motivations, and scopes of inquiry. How does a person or entity prepare for such a blitz in advance? Hear from experienced counsel on all sides regarding how to navigate such uncertain terrain in today's day and age.

Attorneys will learn about the genesis of parallel investigations, understand how regulators coordinate (or not), and the expectations of counsel on all sides in dealing with parallel investigations.

This program was recorded on August 11th, 2020.

Provided By

American Bar Association

Panelists

Ryan K. Dickey

Senior Counsel
U.S. Department of Justice

Ryan K. Dickey is Senior Counsel at the Computer Crime and Intellectual Property Section, within the Criminal Division of the Department of Justice. He was previously an Assistant United States Attorney in the Cybercrime Unit of the United States Attorney’s Office in the Eastern District of Virginia. Before joining the Department of Justice, he clerked for a U.S. District Judge in the District of Hawaii and worked for a law firm in Washington, DC. He attended Boston University School of Law and the University of Virginia School of Engineering and Applied Science.

Roscoe Jones, Jr.

Counsel
Gibson, Dunn & Crutcher, LLP.

Roscoe Jones Jr. is Counsel in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he is a member of the firm’s Public Policy, Congressional Investigations, White Collar Defense and Investigations, and Privacy, Cybersecurity, and Consumer Protection Practice Groups.

Prior to joining Gibson Dunn, Mr. Jones served for almost a decade in various high-level roles on Capitol Hill, most recently as Chief of Staff to U.S. Representative Abigail Spanberger, as Legislative Director to U.S. Senator Dianne Feinstein, as Senior Counsel to U.S. Senator Cory A. Booker, and as Counsel, and later Senior Counsel, on the U.S. Senate Judiciary Committee for then-Chairman Patrick Leahy.

During his Capitol Hill tenure, Mr. Jones advised on the confirmations of three Supreme Court Justices and three Attorneys General along with dozens of nominations to federal courts and the Department of Justice, assisted with oversight and investigations of the Department of Justice and White House, and advised on several bills that were enacted into law, including the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and Sentencing Reform and Corrections Act, which led to the passage of the First Step Act.

Mr. Jones served in several roles at the U.S. Department of Justice. He was an Assistant U.S. Attorney in the Western District of Washington’s Criminal Division, Special Assistant U.S. Attorney in the District of Columbia, and an attorney in the Appellate Section of the DOJ Civil Rights Division. He served as Special Counsel to then-Assistant Attorney General for Civil Rights Tom Perez, where he helped oversee the Civil Rights Division’s legislative initiatives and directed the Division’s response to congressional investigations.

Mr. Jones graduated with high honors from Stanford University, and received a J.D. from the University of Virginia Law School, where he was Editor-in-Chief of the Journal of Social Policy & Law and co-founder of the Law School’s Center for Race & Law. Mr. Jones clerked for Judge Carl E. Stewart on the U.S. Court of Appeals for the Fifth Circuit and Judge Alexander Williams, Jr., on the U.S. District Court for the District of Maryland. Early in his career, he served as the Francis D. Murnaghan, Jr., Appellate Advocacy Fellow at the Public Justice Center. He has been published in the Harvard Law & Policy Review.

Mr. Jones has been appointed an Intermittent Lecturer at the University of Michigan Law School for the spring of 2021 and a Visiting Lecturer in Law at the Yale Law School for the fall of 2021, where he teaches a seminar on criminal justice reform policy entitled “Mass Incarceration.” He has taught administrative law and policy-oriented seminars at the Harvard Kennedy School of Government, Georgetown University Law Center, George Washington University Law School, University of Michigan Law School, University of Washington Law School, and the Daniel J. Evans School of Public Policy & Governance.

Mr. Jones’s recent accolades include being named to the National Black Lawyers “Top 100” list. Previously, he has been a Wasserstein Public Interest Fellow at Harvard Law School and a Stennis Fellow on Capitol Hill, a bipartisan leadership development program for select senior-level congressional staff to explore ways to improve the effectiveness of congressional staff.

Mr. Jones is also active in his community. He serves as a national board member of the American Constitution Society, the nation’s leading progressive legal organization, with more than 200 student and lawyer chapters in almost every state and on most law school campuses. He is a member of the national board of the Stanford Black Alumni Association. He also is a member of The Aspen Institute’s Society of Fellows and the American Bar Association. He also serves on the University of Virginia Law School’s Black Law Alumni Engagement and Reunion Planning Committee.

Mr. Jones is a member of the bars of the State of Maryland and District of Columbia and admitted to practice before the United States Courts of Appeal for the Fourth, Ninth, and Eleventh Circuits.

Kimerlee G. Yapchai

Chief Ethics & Compliance Officer
Tenneco, Inc.

Kimberlee Yapchai reports to the Senior Vice President, General Counsel & Corporate Secretary of Tenneco, Inc. (NYSE:TEN) – an automotive component manufacturer in the FT Global 500. Kim provides leadership and oversight for the compliance program globally, including governance, standards and procedures, training and communication, auditing and monitoring, hotline management, corrective actions, and continuous improvement. She presents to the Audit Committee of the Board of Directors quarterly and she leads the Ethics & Compliance Committee comprised of the company’s C-Suite executives.

Tenneco is an automotive component manufacturer with revenues of ~$17 billion and a market cap of ~$3 billion based in Lake Forest, Illinois. It primarily designs and manufactures ride performance, powertrain, and clean air components. With 90,000 employees, Tenneco operates in over 20 countries. Tenneco owns powerful brands such as Monroe®, Champion®, Öhlins®, MOOG®, Walker®, Fel-Pro®, Wagner®, Rancho®, Thrush®, National®, Sealed Power® and others. In the last year, Kim contributed to the strategic acquisitions of Federal Mogul and Öhlins. Kim is currently assisting Tenneco to prepare for an IPO to spin off a company later in 2019. Kim will be accompanying the spinoff.

She is an experienced global leader with substantial track record of dealing successfully with complex legal and compliance issues in multi-national, public companies, including Ford, Whirlpool, Masco Corporation, and Tenneco. She is known as a business-oriented advisor who counsels senior leaders on issues of major importance and designs pragmatic solutions to achieve strategic results. She is a recognized, transformational thought leader.

Prior to joining Tenneco in 2018, Kim was Chief Compliance Officer at Whirlpool Corporation. She led Whirlpool’s efforts to achieve Ethisphere’s World Most Ethical Company® designation after two significant acquisitions in Europe and China. Whirlpool Corporation, the world’s largest appliance manufacturer (NYSE:WHR), is a Fortune 100 company with market cap of over $8 billion and 90,000 employees in 30 countries. Prior to joining Whirlpool in 2014, Kim served in roles of increasing responsibilities for 15 years in the legal department of Masco Corporation (NYSE: MAS), a Michigan-based, Fortune 500 conglomerate. Masco is a manufacturer of products for the home improvement and new home construction markets with market cap of $11 billion and over 30,000 employees. Kim’s last role at Masco was Assistant General Counsel, a #2 corporate lawyer of the company, with primary legal responsibilities for key customer relationships in the retail and homebuilder channel, the global compliance program, and oversight of the legal team for the business units in the retail channel. Prior to Masco, Kim started her legal career at Ford Motor Credit Company, a subsidiary of Ford Motor Company (NYSE: FORD), where she specialized in consumer and commercial financing. At Ford Credit, Kim received awards for customer service and continuous improvement.

Kim has been a keynote speaker at Compliance Week’s Annual Conference and Ethisphere’s Global Ethics Summit. She is an active volunteer with the Association of Corporate Counsel (ACC), the largest in-house bar association in the world, with over 43,000 in-house lawyers in 85+ countries as members. She is currently on the planning committee for the ACC Chicago Annual Gala. She is the former co-chair of the Manufacturing Industry Group of the Ethics and Compliance Initiative (f/k/a Ethics and Compliance Officers Association). From 2010-2012, she co-chaired the In-House Counsel Committee for the State Bar of Michigan, Business Law Section and launched the In-House Insights column.

Kim has been recognized by numerous publications and organizations, including named as 2018 Top Mind by Compliance Week Magazine, 2017 Top Corporate Counsel by dBusiness Magazine, the 2016 Salute to Excellence Award by the Asian Pacific American Chamber of Commerce, the 2016 Transformational Leadership – Visionary Leader by Inside Counsel Magazine, 2014 Top Assistant General Counsel by First Chair, and named as one of the top 100 “Next Generation General Counsel” by Inside Counsel Magazine. Kim also achieved the Distinguished Toastmaster award in Toastmasters International.

Peter S. Hyun

Partner
Wiley Rein, LLP.

Peter’s practice focuses on representing individuals and entities in criminal and civil government enforcement actions, congressional investigations, and State Attorneys General investigations. A former Assistant U.S. Attorney in the Eastern District of Virginia’s U.S. Attorney’s Office, Assistant Attorney General in the New York Attorney General’s office, and Chief Counsel to U.S. Senator Dianne Feinstein on the U.S. Senate Committee on the Judiciary, Peter provides strategic advice to companies and individuals navigating multifront, parallel investigations and legal compliance issues. Prior to joining Wiley, Peter served as chief counsel to Senator Dianne Feinstein, advising her on law enforcement issues, including asset forfeiture, False Claims Act (FCA) enforcement, bank fraud, money laundering, cybercrime, white collar fraud, firearms, juvenile justice, domestic violence, child exploitation, sexual violence, and human trafficking. In addition, he has worked on bipartisan, bicameral legislation, and assisted on oversight of the U.S. Departments of Justice and Homeland Security, and the Federal Bureau of Investigation.

Peter also has experience advising on cutting-edge law enforcement-related policy matters on Capitol Hill, including cryptocurrencies, blockchain and distributed ledger technology, Section 230 under the Communications Decency Act (CDA), cybersecurity, facial recognition, drone use, and electronic data privacy (including the Stored Communications Act (SCA), Email Privacy Act (EPA), Electronic Communications Privacy Act (ECPA), and “electronic communication transactional records” or “ECTR” legislation).

Brenda Morris

Deputy General Counsel
Booz Allen Hamilton, Inc.

Brenda Morris joined Booz Allen in January 2013, after 25 years of investigations and courtroom experience as a Federal and State prosecutor. Ms. Morris was chosen to lead the Investigations Unit within the Law Department that will focus on internal investigative activity and certain litigation management functions. The Unit investigates potential violations of the Procurement Integrity Act, the Federal Corrupt Practices Act and other laws relating to contractor integrity, labor time charging issues, inadvertent information exposure and other incidents that could possibly require disclosure to the government, as well as potential violations of Booz Allen Hamilton’s core values. The Unit draws upon the expertise of other Law Department practice groups on substantive legal matters and collaborates with other internal compliance functions, including regulatory compliance, information security, internal audit, security services and human resources.

Ms. Morris gained the majority of her Federal experience when she joined the Public Integrity Section, Criminal Division, United States Department of Justice in September 1991. The Public Integrity Section is a distinctive unit within the Criminal Division which is responsible for the nationwide investigations and prosecutions of corrupt public officials. She has prosecuted various white-collar crimes such as bribery, mail fraud, wire fraud, criminal conflict of interests, RICO, Hobbs Act, and theft of Federal programs. She has secured convictions through negotiated pleas and through trials involving high-level Federal and State government officials, politicians, and corporate leaders. Ms. Morris began her career as a prosecutor as an Assistant District Attorney in the New York County District Attorney’s Office.


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