The U.S. Department of Justice (DOJ) leadership has announced at every opportunity that it is targeting the health care industry for FCPA violations, with a particular focus on pharmaceutical and medical device companies. In 2010, the DOJ followed through on its warnings to the health care industry by notifying at least a dozen pharmaceutical companies that they were under investigation for potential FCPA violations. While FCPA compliance is complex for all industries, the health care industry faces unique FCPA compliance challenges.

This presentation provides an overview of the U.S. Foreign Corrupt Practices Act, as well as other anti-bribery statutes like the new UK Bribery Act, and discusses the impact they have on companies doing business on a global scale. Our speakers review some of the recent investigations and enforcement trends in the life sciences industry, and suggest strategies for mitigating the risk associated with global business practices.

This audio conference covers:

• An overview the Foreign Corrupt Practices Act and the UK Bribery Act
• Legislative and enforcement trends impacting the life sciences industry
• Activities beyond sales and marketing that may trigger FCPA risk
• Strategies that can help a company minimize FCPA risk
• Suggestions for an effective compliance program

About the speakers:

John E. Kelly is a partner in Fulbright & Jaworski L.L.P.'s Washington, DC office. He is a member of the firm's Health Care and White Collar and Government Investigations practice groups and focuses on matters involving health care and health care litigation (criminal and civil), The Foreign Corrupt Practices Act (FCPA), corporate and government investigations, and regulatory and compliance issues. Prior to joining Fulbright, John had a distinguished career as a federal prosecutor with the Department of Justice where he held a number of leadership positions including serving as the Assistant Chief for Health Care Fraud of the Fraud Section, U.S. Department of Justice, Criminal Division. In that role, John supervised attorneys and specialized in investigating and prosecuting health care fraud matters nationwide. John obtained extensive trial and investigation experience as an Assistant United States Attorney and as an Assistant District Attorney in the State of New York.

Marsha Z. Gerber is a partner with Fulbright & Jaworski L.L.P. in Houston. She is a member of the firm’s Government Investigations and Enforcement, White Collar Crime, and FCPA and International Anti-Corruption practice areas. Ms. Gerber represents multi-national corporate clients in international fraud, anti-corruption, and trade controls matters, including leading internal investigations, representing clients in investigations conducted by government enforcement agencies, and conducting international acquisition and third-party relationship due diligence. Ms. Gerber also regularly provides multi-national companies with anti-corruption and trade controls compliance advice, and leads teams in developing and implementing global compliance programs consistent with the U.S. Sentencing Guidelines as amended. Ms. Gerber is a regular speaker and commentator on the FCPA, other international anti-corruption statutes, and related matters.

Who should attend?

• Legal Counsel
• Regulatory Affairs
• Compliance
• Clinical Operations
• Sales, Marketing & Business Development
• Finance
• Human Resources