Organised by: Anti-corruption and Rule of Law Committee, Corporate Counsel Committee
Session abstract:
This session will explore and discuss:
- how to meet the expectations of different regulators;
- issues with data transfers and blocking statutes; and
- anticipating/dealing with culture gaps in a cross border investigation
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Siva Kumar Kanagasabai
Kumar heads the Maritime and Shipping practice group in the firm. He has acted and advised local and international clients in ship arrests, charterparty disputes, oil pollution claims, vessel detentions, cargo claims, Incoterm contracts and enforcement of ship mortgages under conventional and Islamic facilities.
He also co-heads the Employment practice of which he has over 20 years’ experience. He has acted as lead counsel in a full range of employment-related disputes including fraud recovery actions. He is also involved in general corporate/commercial litigation and has acted as counsel in both domestic and international arbitrations. Kumar is a regular contributor to law publications and is often invited to speak at law conferences.
He is a Fellow of the Chartered Institute of Arbitrators.
Shin Jae Kim
Head of TozziniFreire Advogados’ Compliance & Investigation practice group and member of the firm’s Executive Committee, Shin Jae Kim is also head of the Asia Practice Group, directly coordinating the Korea Desk. Shin is a pioneer in the development of the Compliance field in Brazil and a specialist in the strategic coordination of initiatives that involve relationships with government bodies and corporate investigations. She is currently Regional Governor for South America of International Association of Korean Lawyers, member of the Advisory Board of the Society of Corporate Compliance and Ethics & Health Care Compliance Association, member of the Certification Board of CCB (Compliance Certification Board) and Program Coordinator of Inter-Pacific Bar Association. Shin is consistently recommended by relevant legal publications, such as Chambers Global (Band 1), Chambers Latin America (Band 1), The Legal 500 and Latin Lawyer 250, and highlighted amongst the world’s leading women in investigations according to the Women in Investigations 2018 guide, by Global Investigations Review.
Speakers
Dr. Simone Nadelhofer
Simone Nadelhofer joined LALIVE in 2009 and is a partner in our litigation team based in our Zurich office. She specialises in complex domestic and cross-border proceedings and investigations, including fraud and white-collar crime, asset recovery, international mutual assistance in criminal and tax matters and international sanctions. She advises clients on crisis management, compliance and remedial action and is regularly retained by corporate clients to lead large-scale domestic or multijurisdictional internal investigations. She also advises clients on conducting investigations into harassment allegations (#MeToo), business and human rights and ESG-related disputes.
Simone Nadelhoferis Corporate Counsel Forum Liaison Officer of the IBA’s Business Crime Committee, Chair of the Anti-corruption and the Rule of Law Committee at the Inter Pacific Bar Association (IPBA) and a member of the advisory board of the Master Economic Crime Investigations studies at the Lucerne University. Furthermore, Simone Nadelhofer acts as the external ombudsperson for tesa SE. Simone Nadelhofer is a member of several professional associations, including the Swiss Association of Experts in Economic Crime Investigation, the Zurich and Swiss Bar Association and the European Criminal Bar Association (ECBA).
Before joining LALIVE, Simone Nadelhofer practised in Zurich as an attorney with renowned law firms, as a foreign attorney with an international law firm in New Delhi, India (2002-2003) and as legal counsel with a major Swiss bank (2001-2002).
She regularly publishes and speaks at conferences on her areas of specialisation.
Simone Nadelhofer holds a PhD., summa cum laude, from the University of Lucerne, for which she was awarded the Professor Walter Hug prize and the Universitätsverein Lucerne prize in 2008. She also holds a Master of Advanced Studies in Economic Crime Investigation from Lucerne Business School (MAS ECI, 2007). She trained with a major law firm in Zurich (2001-2002) and graduated from the University of Freiburg in 1999 (lic. iur., bilingual, summa cum laude). She was a lecturer on Criminal Law at Lucerne University.
Anuj Berry
Anuj Berry is a Partner with the Firm’s Litigation, Dispute Resolution and White Collar Defence Group. Anuj specialises in all issues of national and international white-collar crime, fraud, corruption and regulatory enforcement investigations. He specialises in internal investigations as also investigations by federal anticorruption
and anti-money laundering authorities.
Anuj joined the erstwhile Amarchand Mangaldas in 2006. He worked with the Firm till 2009 when he took a sabbatical to pursue the Bachelor of Civil Laws (BCL) programme at the University of Oxford and then rejoined the Firm in 2010 and has since then focussed on expanding the white collar practice at the Firm.
Anuj has been ranked as a ‘Leading Individual’ for White Collar Crime by The Legal 500 Asia Pacific Guide 2018-21 and has been recognised by the Chambers Asia Pacific Rankings 2020 and 2021. Global Investigations Review (GIR) has recognised Anuj as one of the ‘40 under 40’ names to be reckoned with globally, and is the only Indian practitioner to be included in the GIR list. Most recently, he has been recognised by BW Businessworld as one the ’Young Legal Eagles 40 under 40’ of the Indian Legal Ecosystem 2020.
He has been at the forefront of representing multi-national corporations in large and politically sensitive anticorruption and anti-money laundering investigations having a cross border element. His expertise in such matters extends to advising the client and senior management in all aspects of such cross border investigations starting from the internal fact finding, strategy to engage with the investigation agency, developing a defence strategy as also representation before the courts should the investigation result in a prosecution. Given the increase in cross border regulatory investigations, Anuj also works closely to guide clients in cooperation approaches under the mutual legal assistance treaty regimes as also extradition issues.
Anuj also conducts and advises corporations, boards of directors, audit committees on internal investigations regarding a wide range of alleged misconduct, including corruption, financial irregularities, financial statement fraud. Some of the complex internal investigations he has led have had an interface with parallel regulatory investigations by the Securities and Exchange Commission (SEC) and the Indian Securities and Exchange Board of India, which were successfully closed basis the findings of the internal investigation.
As part of his work, Anuj also helps navigate intense government and media scrutiny so that clients can maintain their business operations. He also advises on anti-bribery compliance and diligence aspects in case of investments in Indian companies.
Geoffrey Atkins
Geoff is a partner in the litigation and enforcement practice group at Ropes & Gray in Hong Kong. Geoff advises public companies, fund sponsors, and financial services clients in the United States and throughout Asia in connection with civil and criminal government enforcement matters before the SEC, DOJ, and other state and foreign regulators, and in connection with complex securities and commercial disputes.
Geoff regularly advises corporate management and directors conducting internal investigations, evaluating sensitive governance issues, and establishing regulatory compliance programs. He has particular experience advising clients regarding potential violations of global anti-corruption, anti-money laundering and sanctions laws; conducting international risk assessments; and evaluating risks associated with complex mergers and acquisitions in India, China and throughout Southeast Asia. In addition, Geoff has been advising on potential areas of investment-related fraud, including considerations for PE clients related to their Asia-based portfolio companies, in light of the global COVID-19 pandemic.
Geoff has extensive experience working with clients in the pharmaceutical, medical device, and technology sectors, as well as private equity funds, investment advisory firms and broker-dealers.
Geoff is recognized in Global Investigations Review, The Legal 500 Asia Pacific and Benchmark Litigation.