Attention:
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Masterclass: Critical Steps in Navigating a Corporate Crisis


Level: Intermediate
Runtime: 44 minutes
Recorded Date: May 23, 2024
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Agenda

Learning objectives:
  • Understand the importance of self-reporting, cooperation, and preparation in a corporate crisis. ?
  • Learn about the disclosure issues and the balancing act between disclosure decisions and stakeholder impact. ?
  • Gain insights into the internal responsibilities and the need for thorough investigations while considering time and cost constraints. ?
  • Understand the role of PR intervention and the importance of avoiding potential litigation through proper device review and clear privacy expectations.

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

A panel of experts in corporate crisis management discuss key strategies for companies facing a corporate crisis. They advise ensuring proper review of allegations, collecting relevant documents, and securing devices of relevant witnesses. Cooperation and self-reporting to the SEC can yield benefits, as seen in recent cases which involved lower penalties for extensive cooperation.

Prioritizing self-reporting, cooperation, and expediting investigations helps manage crises effectively, with companies needing to quickly assess the seriousness of issues and meet staff expectations. Balancing thorough investigations with time and cost constraints, choosing the right team, and cooperating with legal counsel are crucial steps for addressing crises and potentially receiving cooperation credit.

The panel highlights the importance of considering stakeholder impact and relationships with the SEC when disclosing information during investigations, treating situations as if the company is public even if it is not. Robust responses to short seller reports, evaluating legitimacy, and addressing allegations seriously are emphasized.

Provided By

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Panelists

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Gregg Peat

Senior Managing Director
FTI Consulting

Gregg Peat uses his experience in accounting, auditing, valuation and finance to lead dispute and forensic investigatory engagements mainly related to financial and accounting matters. Mr. Peat has extensive experience advising clients involved with securities and civil litigation, merger & acquisition disputes and financial investigations, and is adept at unwinding complex issues and providing innovative and practical solutions to his clients.

Mr. Peat’s dispute experience includes advising on complex cases involving financial and accounting matters with damages ranging in size from millions to billions of dollars. He has assisted clients and their legal counsel obtain and evaluate case materials, develop case strategies, prepare and submit expert witness reports and support expert witnesses through depositions and trials in various jurisdictions, including state courts, federal courts and arbitration. He has been retained as an expert witness and as a neutral accounting arbiter to resolve disputes between parties.

Mr. Peat’s investigations experience includes assisting public and private companies, boards of directors, audit committees and legal counsel with accounting, financial reporting and regulatory investigations for organizations operating domestically and abroad. He has led several investigations including those involving alleged accounting and financial reporting fraud, misappropriation of assets and Foreign Corrupt Practices Act (“FCPA”) violations.

Prior to joining FTI Consulting, Mr. Peat provided audit and advisory services at the accounting firm KPMG. His experience at KPMG includes an international assignment to the Netherlands where he provided U.S. accounting and financial reporting expertise to European enterprises filing securities in the U.S. from abroad. He has an in-depth knowledge of U.S. Generally Accepted Accounting Principles (“U.S. GAAP”) and International Financial Reporting Standards (“IFRS”) and has extensive Securities and Exchange Commission (“SEC”) regulatory experience. Mr. Peat has published articles and led the instruction of a variety of forensic accounting and auditing trainings for both foreign and domestic audiences. This has included publishing or presenting on forensic accounting topics, technical accounting, audit methodologies, SEC reporting, SOX 404 compliance and sampling courses.

Mr. Peat holds B.S. degrees in both Accountancy and Finance from Oregon State University. He is a Certified Public Accountant (“CPA”), Certified in Financial Forensics (“CFF”) and Accredited in Business Valuation (“ABV”). He is also currently serving on Oregon State University’s Accounting Advisory Board, and previously served on the Oregon Board of Accountancy’s Complaints Committee and Laws and Rules Committee as Committee Chairman. Prior to starting his career in accountancy, he was a collegiate athlete, captaining Oregon State University’s football team and briefly played professionally for the National Football League (NFL).

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Jason de Bretteville

Partner
Stradling Yocca Carlson & Rauth

Jason de Bretteville defends companies, financial institutions and executives in high-stakes civil and criminal litigation matters. When other legal teams see hurdles and complications or say it simply cannot be done, Jason finds the evidence and arguments that win. He is a tenacious litigator whose deep industry and regulatory experience, knowledge of the courts and ability to connect with judges and juries have earned him a reputation as a serious trial threat.

Jason served as an assistant U.S. attorney in the Central District of California from 2001 through 2006. As a prosecutor, he tried seven felony cases to verdict, investigated and prosecuted significant crimes of violence and fraud, supervised teams of federal agents engaged in the detection and prevention of terrorist activity, and briefed and argued numerous cases before the U.S. Court of Appeals for the Ninth Circuit.

Jason has secured favorable settlements and trial and appellate victories for clients facing civil and criminal allegations relating to securities fraud, white-collar crime and abuses of the False Claims Act and the FCP. He also has represented medical device companies, hedge funds, private equity firms, investment banks, technology companies, consumer goods manufacturers, oil and gas concerns, and other companies in a wide variety of complex business disputes. When he is not litigating, he helps his clients optimize their compliance programs and navigate pre-litigation securities matters to minimize potential liability.

Some highlights of Jason’s career include the following cases:
Jason and his team secured a rare dismissal with prejudice on behalf of Endologix, a publicly traded medical device company, in a case that was expected to survive the pleading stage in a shareholder class action arising out of FDA approval for its Nellix device. (Nguyen v. Endologix, et al., Central District, California)

Jason negotiated and drafted the first-ever deferred prosecution agreement issued by the SEC, relating to alleged FCPA violations by one of the world’s largest producers of tubular goods used in the production of oil and gas wells.

Jason and the Stradling team secured a landmark white-collar criminal defense dismissal for a key defendant involved in an extensive wiretap investigation. After filing a motion to suppress the wiretapping evidence which led to a three-day evidentiary hearing, the government voluntarily dismissed the case.

Jason successfully defended Inet Airport Services and Michael Colaco against accusations of fraud in the sale of Inet to Cavotec at trial, forced Cavotec to advance nearly all attorney’s fees through appeal, and then secured an affirmative claim on behalf of Colaco on appeal.

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Lorraine Echavarria

Partner
WilmerHale

Lorraine Echavarria represents public companies, corporate officers, financial institutions, hedge funds and other financial market participants facing government investigations and enforcement actions. She conducts internal investigations for boards and audit committees, and provides advice and guidance to businesses on corporate governance and compliance issues.
Ms. Echavarria previously spent more than 15 years at the US Securities and Exchange Commission, where she most recently served as Associate Regional Director and head of the enforcement program for the Los Angeles Regional Office. In this role, Ms. Echavarria oversaw all the office's attorneys and accountants in the investigation and litigation of federal securities law violations in Southern California, Arizona, Nevada, Hawaii and Guam. She supervised a broad range of investigations involving every major subject area in the SEC's enforcement program, including financial reporting and disclosure, the Foreign Corrupt Practices Act, securities registration and offering fraud, insider trading, hedge fund regulation, market manipulation, investment adviser and broker-dealer regulation, and matters arising out of all of the SEC's specialized units.
Before joining the SEC in 2000, Ms. Echavarria worked for several years as an associate at two other Los Angeles-based law firms.

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David Zhou

Assistant Regional Director
U.S. Securities and Exchange Commission

David Zhou is an Assistant Regional Director in the SEC’s San Francisco Regional Office.

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Caz Hashemi

Partner
Wilson Sonsini Goodrich & Rosati

Caz Hashemi is a partner at Wilson Sonsini Goodrich & Rosati and chair of the firm’s litigation department. Clients turn to Caz for his proactive approach and strategic direction in leading complex, high-stakes investigations and litigation matters. He is regarded as a leading attorney advising clients involved in SEC, government, and internal investigations, having represented companies, boards, and special committees in more than 100 such matters during his career. Senior executives, directors, and other individuals also frequently engage Caz as personal counsel. He also regularly represents clients in securities class actions, shareholder derivative lawsuits, and stockholder litigation demands.

Caz has substantial expertise advising clients on the most complex and sensitive issues, including whistleblower allegations; financial restatements; accounting and disclosure items; Foreign Corrupt Practices Act (FCPA) matters; and insider trading. Audit committees and special committees often call upon Caz to conduct internal investigations involving these issues. He represents clients across a broad range of industries including technology, health care, consumer products, energy, financial services, life sciences, and telecommunications.

Prior to joining the firm, Caz served as an enforcement attorney with the SEC’s Division of Enforcement, where he investigated potential violations of the federal securities laws.


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