The Authorities are here: Plan and Prepare to handle a crisis, before it happens

Wednesday, June 27, 2018

SESSION: 4:00 PM to 6:00 PM (IST)

INTRODUCTION

Scams of the past decades, be it the Satyam or Harshad Mehta rip-offs or more recent allegations at the Punjab National Bank are often followed by a question - could it have been avoided? Irrespective of the recent inclination towards good corporate governance practices, offences and similar disruptions within an organization are inescapable. With the prominent increase in white collar offences, rigorous mechanisms for curbing such offences have got a kick start. The regulatory authorities have begun to focus on various sectors and industries, leading to increase in 'dawn raid' scenarios. Several authorities have taken the lead in dealing with white collar crimes and offences related to a corporation.

Join us for an interactive seminar on how to handle a crisis. Industry leading professionals will help you plan and prepare for what you’ll need to do when faced with your own crises. They will lay down the framework for conducting investigations and share their views and experiences as well as provide legal and operational tips that companies need to keep in mind to negate the impact of a crisis. Nishith Desai Associates is proud to have Control Risks, a specialist global agency, conducting forensic investigations and Kobre & Kim, a global law firm specializing in investigations, join us for an interactive session.

Focus Area

When there is a disruption in the normal course of events, there is always a requirement for a preliminary understanding of the situation detected or complained of – to assess if it amounts to any kind of violation of law or policy, and to what extent, or if a complaint is required to be made. Internal investigations are the forerunners in nipping the evil at the bud before it is aggravated or there is an unanticipated reporting by whistleblowers with the authorities and are effective vaccines against unwanted and embarrassing raids and searches by authorities.

The seminar will focus on steps to be taken towards preparing and planning an investigation to handle the crisis, before the authorities surprise you. We will also address the benefits of appointing external lawyers and forensic/accounting firms. Also the need for conducting investigations while ensuring confidentiality and privilege will be covered. Finally, we will discuss the importance of the correct remedial actions including potentially implementing stronger policies and enhancing the Code of Conduct within the organization.

Outline:

  • Preparing and planning to handle crisis situations;
  • Steps for companies to ensure appropriate legal support and strategy;
  • Identification of data held by companies and risks and challenges it entails;
  • Addressing the current situation and means to handle crisis when authorities pay a surprise visit.

Flow of the session

4:00 PM – 4:30 PM :

REGISTRATION

4:30 PM – 5:30 PM :

PANEL DISCUSSION

5:30 PM – 6:00 PM :

Q&A FOLLOWED BY NETWORKING

Speakers

ANDREW MACKINTOSH

Executive Director, Control Risks

Andrew is Executive Director at Control Risks’ South Asia practice, based in Mumbai. He is responsible for overseeing the global consultancy’s Compliance, Forensics and Intelligence practice in South Asia, and for coordinating activities with Control Risks’ other practice areas in the region. He has expertise in leading internal and independent investigations for companies that extend across jurisdictions, and leads on large and complex matters involving investigations, technology and cyber-security issues. Andrew previously led Control Risks’ Asia Pacific technology practice, based in Shanghai. Prior to that he headed Control Risks’ fraud and forensics practice for Greater China and North Asia, and worked in the company’s Australia practice, based in Sydney.

VASU MUTHYALA

Partner, Kobre & Kim

Vasu Muthyala, partner at the global disputes and investigations firm Kobre & Kim, represents Asia-based individuals and multinational corporations in a broad range of cross-border government investigations and regulatory enforcement matters. Mr. Muthyala focuses his practice on U.S. Foreign Corrupt Practices Act violations, anti-money laundering, sanctions and fraud. His work, international experience and knowledge of local regulators span Asian jurisdictions including India, Hong Kong, China, and others.

As one of the only former U.S. Department of Justice prosecutors and U.S. Securities and Exchange Commission enforcement lawyers in Asia, Mr. Muthyala regularly advises on, and is invited by in-house counsel and industry groups to speak about, the U.S. government’s enforcement efforts.

SAHIL KANUGA

Leader, Int’l Litigation and Dispute Resolution Practice

Nishith Desai Associates

Sahil co-heads the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. He has worked on an array of matters including Indian and international arbitrations as well as advised on corporate and commercial laws, civil and constitutional matters and criminal offences. Sahil has also negotiated private equity and joint venture transactions. Sahil regularly participates in domestic and international conferences and has also conducted training sessions for in-house legal teams. He has authored several legal articles which have been published in reputed journals.

Sahil holds a Masters Degree in Law (Business Laws) from the University of Mumbai. He is a member of the Bar Council of Maharashtra & Goa. Sahil has also served as the Secretary of the Western India Users’ Council of LCIA India.

PAYEL CHATTERJEE

Leader, Int’l Litigation and Dispute Resolution Practice

Nishith Desai Associates

Payel Chatterjee is a Senior Member of the International Litigation and Dispute Resolution Practice at Nishith Desai Associates. Payel specializes in commercial litigation, international arbitration, white collar investigations and cross border disputes. She has appeared and successfully handled cases before various forums and courts including Supreme Court of India, various High Court and other Tribunals. She regularly participates in domestic and international conferences and her articles have been published in several reputed legal journals.

She graduated from Gujarat National Law University, Gandhinagar and holds an Honors degree in B. Com LL.B. (Hons.) and is a member of the Bar Council of Delhi.