Excellence in Compliance: Compliance and U.S. Law

On 24 April 2017, the  ZHAW School of Management and Law (SML) and its partner, the New York Bar Association (NYSBA), hosted a high-profile event on compliance with a particular focus on specific requirements of U.S. law.

In his introductory remarks, Patrick Krauskopf (Head, Center of Competition Law) gave an overview of the trend of introducing more severe sanctions, in particular in the field of competition law, where competition authorities compare their yearly amounts of imposed fines.

Stéphane de Navacelle giving a talk on the topic of corruption.

In the morning session, Marnin J. Michaels (Baker & McKenzie) talked about the strengths and weaknesses of the U.S. legal system and how it could improve. He also shared various challenging aspects of the S. tax system and highlighted the difficulty of reducing company taxes in the US, which are extremely high. He referred to the recently announced plans of the new U.S. administration to reduce taxes and the potential legal consequences. Michaels was followed by Theodor Kobus (BakerHostetler) who touched on a hot topic strongly related to the digital world: the need to comply with data privacy law. Using various examples, Kobus made it clear that while it is very important to educate employees in this area, it is essential for data on electronic devices to be encrypted and safe.

Lara Kroop Delamarre speaking on white collar crime.

In the afternoon session, participants heard from Lara Kroop Delamarre (Cohen & Gresser), who previously worked for the U.S. Department of Justice (DOJ) and is now based in Paris. She discussed aspects of white-collar crime in the US and its consequences. She also talked about cross-border investigations and the far-reaching arm of the Department of Justice when it comes to white-collar crimes. The final presentation came from Stéphane de Navacelle (Navacelle). It dealt with Anglo-Saxon corruption legislation and its influence in Europe and France. The speaker raised the issue of the “ne bis in idem” doctrine, which prohibits double prosecution for the same crime. He demonstrated that the principle is key for a fair trial whenever several international jurisdictions are involved in a case.

“Compliance and U.S. Law” is part of the Excellence in Compliance series of events organized by the head of the program, Dr. Felix Schraner, a senior lecturer at ZHAW. The next event on Compliance in der Baubranche (offered jointly with SBV) is scheduled for 11 May 2017.

Contact: Felix Schraner, Center for Competition and Commercial Law

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