8.30 a.m. Registration
9.00 a.m. Introduction and welcome by Brendan Sheehan, executive editor, Corporate Secretary
9.10 a.m. Table introductions
9.15 a.m. FCPA - who's next: understanding current trends and predicting the future
The past five years have seen more FCPA prosecutions than the entire previous two and a half decades. As the DOJ steps up activity we examine prosecutors’ practice of leveraging a single case into industry-wide investigation and consider the pros and cons of voluntary self-disclosure. We will also use previous prosecution trends to identify which industries are likely to be under the FCPA microscope.
Panel:
Charles B Sklarsky, partner, Jenner & Block
David Snively, SVP, secretary and general counsel, Monsanto Company
10.30 a.m. Morning refreshments
10.45 a.m. XBRL
Hear the experience of companies that have already gone through the voluntary filing process. What legal and compliance issues should you be aware of? What level of assurance will investors and the SEC expect? And will XBRL lead to higher audit fees?
Panel:
Katherine Combs, SVP, corporate governance, corporate secretary and deputy general counsel, Exelon
Glenn Doggett, policy analyst, financial reporting, CFA Institute Centre for Financial Market Integrity
Ed Hodder, director of XBRL services, Bowne
12.00 p.m. Lunch
12.45 p.m. Cost-basis accounting
The SEC and IRS are considering rules that will require all shareholders to calculate the cost basis of all sales of shares and some other financial instruments. Shareholders are in turn looking to the companies to provide them with accurate and efficient tools but few companies have access to the data. What will be the responsibility of the corporation and what role can the brokers and transfer agents play in ensuring all shareholders can comply with the pending new legislation?
Panel:
John Buonomo, vice president, Shareholder Services, Bank of New York Mellon
Joan DiBlasi, senior manager, Shareholder Services, Aflac
Joseph Trezza, vice-president, The Depository Trust & Clearing Corporation (DTCC)
1.50 p.m. Executive compensation
Executive compensation disclosure laws are not working as designed. There is a serious gap between what the SEC mandates, what investors want and what companies are currently disclosing. How can companies change disclosure models to better fit what both the SEC and investors are asking for? Pay for performance is the most hotly contested part of compensation disclosure. Determining the correct metrics for performance and then accurately measuring these is a serious challenge. What role can consultants play in giving management and boards a better understanding of performance analysis and peer measurement? Once determined, how can the metrics be disclosed without releasing competitive information? Are independence rules impacting the relationship between corporates and consultants?
Panel:
Gerry Miller, managing director, DolmatConnell & Partners
Paul Hodgson, senior research associate, executive and director compensation, The Corporate Library
Guillermo Silva, corporate secretary, El Paso Electric
3.05 p.m. Cocktail reception
4.00 p.m. Close of Think Tank