Events

Continuing to shine the light on "Speak Up" and transparency – SESSION 3

Continuing to shine the light on

Venue : ZOOM

Event Start Date : Thursday 18 March 2021

Event End Date : Thursday 18 March 2021

Event Start Time : 12:30 pm

Event End Time : 01:45 pm

Registration Start Date : Friday 26 February 2021

Registration End Date : Thursday 18 March 2021

Event Overview:

The third session in this series will drill down and look at two countries in the Asia Pacific region. Both have established specific legislation in place within the last decade and more recently to address speaking up and raising concerns within companies and institutions.

In South Korea for example the Act on the Protection of Public Interest Whistle-blowers came into force on 30 September 2011. It was enacted to help to protect individuals who reported certain breaches/ violations of the public interest in both the public and private sector. Under this legislation whistle-blowers are guaranteed confidentiality and protection of personal safety under the Act where they or their relatives are likely to suffer danger. Earlier in 2008 Anti-Corruption and Civil Rights Commission was established. This was to encourage anyone who learned of corruption in the public sector to disclose wrongdoing without fear of retaliation. The said Commission integrated the Ombudsman of Korea, Korea Independent Commission Against Corruption, and the Administrative Appeals Commission under the Prime Minister. 

In Australia for example the Australian Federal Government passed new whistle-blower legislation called Treasury Laws Amendment (Enhancing Whistle-blower Protection) Act 2019 which came into force in July 2019. The legislation is to ensure that people can anonymously report unethical or illegal behaviour occurring in Australian businesses. Companies who fail to follow the new federal whistle-blower laws could face penalties of up to $10.5 million. The new Act aims to encourage ethical whistleblowing and discourage unethical, illegal, corrupt, fraudulent, and other undesirable conduct, while holding employers accountable for protecting eligible whistle-blowers. The Act makes significant changes to the existing legislation including the 2001 Corporations Act.

 

Discussion Point:

  • This follow-on session will review current developments in both South Korea as well as Australia through some case examples and learnings.
  • The session will also touch on the hands-on practical steps in house counsel should consider when advising their companies from both the employer’s and employees’ perspectives.
  • There will be the opportunity to raise questions with our speakers to gain further insights and perspectives on speak up issues and taboos. 

Through discussion Samuel Nam and Miji Song both from KIM & CHANG and David Morfesi at Minter Ellison, we hope to help navigate the complexities involved, provide useful insights and increase awareness in respect of both Korean and Australian speak up whistleblowing laws and regulations.

 

Speakers:

David came to MinterEllison from Washington, DC, where he served in the Executive Office of the President as a senior trade negotiator, policy advisor and diplomat. David also served as the Executive Director of the Institute for International Trade at the University of Adelaide. David heads MinterEllison's International Trade Group, specialising in free trade agreements, WTO law, investment treaties, anti-bribery and corruption, sanctions, export controls, trade remedies, customs matters, regulatory matters affecting trade in goods and services, and a full range of intellectual property law and policy matters. David will be responsible for all your International Trade needs. He will provide advice on a full range of domestic and international trade regulatory requirements, including free trade agreement negotiations, WTO compliance, and treaty implementation.

 

Samuel Nam is a senior foreign attorney at Kim & Chang. Mr. Nam focuses on banking, finance, government investigations and enforcement actions, compliance and international trade. Mr. Nam has extensive experience with the global operations of multinational firms and management of reputational, legal, regulatory, and compliance matters across multiple jurisdictions. He assists clients in developing and implementing their strategic initiatives and managing crises revolving issues involving the US and foreign governments. He has represented multinational companies in internal corruption investigations and potential actions before Korean regulators and prosecutors. His work before Korean regulators ranges from defense of a multinational auto manufacturer and a European machinery company in potential import violations to representation of a major global financial institution in connection with cartel investigations by Korea Fair Trade Commission. He has also advised a Korean financial institution in an investigation by multiple US government authorities involving potential anti-money laundering and economic sanctions violations.

 

Miji SONG is a Senior Attorney, Compliance and Corporate Investigation Practice Group. She represents multinational companies in a broad range of corporate investigations and regulatory audits. Lead teams in all stages of investigation, from planning, data review/analysis, interviews, investigation reports, training, and remediation. Support clients in follow up measures to investigations including HR actions, civil and administrative litigation, criminal actions/defense, and implementation of compliance programs. Work on high profile corruption cases including coordination of FCPA investigation. Engage in in-depth review of matters encompassing various issues, including bribery, embezzlement, accounting fraud, breach of trust and fiduciary duties, antitrust, data privacy, and regulatory compliance, with extensive factfinding in collaboration with in-house forensics team in data review and forensic analysis.

 

Moderator:

Greg Tanner is the Group General Counsel of International SOS, the world’s leading medical & security services company, which operates in over 100 countries with 11,000 employees, led by over 5,000 medical practitioners and security specialists. International SOS’s global service offerings include medical and travel risk and security planning, health assurance and preventative care programs, in-country medical expertise, and emergency response services for mobile workers, travelers, expatriates, and their dependents.  International SOS also undertakes the staffing and operation of over 800 sites remote and industrial medical sites. And International SOS is the largest global concierge service, provider.

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