Private Business Branch for Owners and Top Managers of Major Companies “Liability of Beneficiaries and Governance Body Members: Defense Strategies and Tactics”

EPAM and Kommersant Publishing House invite to attend mixed private business branch for owners and top manages of major companies “Liability of Beneficiaries and Governance Body Members: Defense Strategies and Tactics”, which is to be given on June 8, 2021 (Tuesday) from 10:00 to 12:30. The offline venue will be announced later. 

Lack of economic rationale behind the transactions, delegation of authorities, decision-making procedures or anti-crisis company financial operation plans, as well as flimsy managerial decisions, it all may play an important role in protection of a company, its owner and its top managers in most unfavorable business development scenarios, whether those include major disputes, bankruptcy proceedings or criminal responsibility. Competent management backed with legal review may not only help the company out of a crisis but also boost its development at turbulent times.

How can the owner strike a balance in the company administration in order to avoid either extremity: nominal management and interference in every process, which would both lead to negative consequences? How can management be improved? What are the new developments in subsidiary liability and criminal responsibility of managers, or why no beneficiary should believe that all responsibility rests with the governance body members? What risks are invisible to managers but clear to lawyers? Can regulatory and law enforcement claims be forecast? Attorneys of EPAM are to answer those and many other topical questions and to share conclusions made based on the latest case law.

Part I. There is a thin line between small-mind management and a major conflict. How can one avoid crossing it?*

• Bankruptcy: Summary of Key Trends in 2021
• Review of showcase proceedings seeking to hold governance bodies liable
• What lessons can one learn from case law to be a “good director”? 
• Non-arm’s length transactions: what should a director know to protect themselves and the company
• How should one get ready to inspections and why is it important to challenge even minor improvement notices?

Part II. Top-3 mistakes that may involve the CEO’s criminal responsibility

• How should responsibility be delegated and differentiated to mitigate the risks of criminal prosecution?

We will use real cases to address the approaches used by law enforcement authorities: who is really responsible for actions taken and how clear interaction between all the stakeholders shall be structured

• Control over critical business processes: from technical security to a major transaction. Why is it important to control and how shall one prove having really done so? 

We will see what transactions require director’s strict control, what side effects can be qualified as gross violations and how efficient control system shall be put in place

• Weakest link in a company: risks of criminal prosecution based on information obtained from the employees

90% of cases, employees are a key source of important information for detectives and investigators. How can they be prepared for investigative proceedings, so that their evidence shows the actual state of things at the company and the CEO is not exposed to excessive risks of criminal prosecution?

Moderator – Ivan SMIRNOV, Managing Partner of the St. Petersburg Office of EPAM 

Speakers:

• Andrey TUZOV, Head of White Collar Crime Practice in St. Petersburg
• Elena AGAEVA, Head of M&A and Corporate Practice in St. Petersburg
• Alexander SVASHENKO, Senior Associate

PROCEDURE FOR ATTENDANCE AND REGISTRATION**: 

Attendance is free of charge.

Advance registration is required:

Please register, specify your business email address, position and contacts, as well as preferred mode of attendance.

Due to the pandemic restrictions, offline attendance shall only be possible for a limited number of people. The organizer reserves the right to offer virtual attendance is the number of offline attendees has been exceeded.

We will send the connection details to each confirmed attendee shortly before the event.

Contacts: Alina Zoreva and Daria Semykina at pr_spb@epam.ru and +7 (812) 322 96 81.

*The program and the panel are subject to amendments.

**Participation is restricted to in-house lawyers and businesses only.