ABA White Collar Conference Goes Virtual

By Jody Godoy
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Law360 (April 30, 2020, 4:23 PM EDT ) Nearly two months after canceling its annual convention on white collar crime because of the spread of the novel coronavirus, the American Bar Association has announced a replacement webinar lineup for June including speakers from the U.S. Department of Justice and civil regulators.

The program, dubbed the 2020 Virtual Institute on White Collar Crime, features 16 sessions spread over four Wednesdays starting June 3. The remote panels are a substitute for the annual conference, which was canceled this year for the first time in its 34-year history as speakers nixed travel plans over reports of the virus spreading in the U.S.

On June 17, DOJ Criminal Division Chief Brian Benczkowski, Commodity Futures Trading Commission Enforcement Director James M. McDonald and U.S. Securities and Exchange Commission Enforcement Co-Director Steven R. Peikin will participate in an hourlong discussion of the government's enforcement priorities.

Offerings also include a two-part session on trial practice and several panels on ethics, including an entire panel dedicated to the implications of U.S. v. Connolly, in which a Manhattan federal judge took the government to task for "outsourcing" to corporate counsel an investigation into benchmark rigging.

Other panels focus on health care fraud, securities fraud and enforcement of the Foreign Agents Registration Act and the Foreign Corrupt Practices Act, among other themes.

Conference founder and Chair Raymond Banoun told Law360 on Thursday that around 60% of the original panels had been translated to online offerings that still feature high-profile speakers, including federal judges and prosecutors.

However, Banoun said, some other panels were cut over speaker issues and conflicts.

The conference usually features a panel of judges from around the country discussing sentencing and a forum where in-house lawyers discuss their priorities. But Banoun said some judges were concerned about whether they had the technology to participate in a remote panel and corporate counsel were less comfortable speaking to an anonymous internet audience, meaning neither of those sessions were carried over to the digital conference.

Other panels on regional trends, money laundering and environmental and tax crimes did not make it into the online lineup.

Another casualty of the remote format is the camaraderie and catching up that is a major draw for attendees of the annual event.

Banoun said the initial plan for the remote conference was to have at least the speakers come together and be hosted at law firm offices. He initially envisioned having receptions as a part of that, an idea that is no longer feasible.

"The conference is supposed to be an annual meeting of the white collar bar," Banoun said. "That is unfortunately something you can't replicate."

However, he noted one upside is that some panels may be available on demand after they are held, potentially allowing for flexible attendance.

The organizers were forced to cancel the in-person conference March 4, a week before it was scheduled to begin in San Diego, California. March 11, which was to be the first day of the event, turned out to be the day the World Health Organization declared the novel coronavirus had caused a global pandemic.

When the conference was canceled, Banoun told Law360, he feared the ABA would take a financial hit for pulling out of its hotel commitments.

However, he said Thursday that the venue was able to be rebooked for 2026, the year after a string of bookings that alternate between Miami and San Francisco.

Plans are still on for the in-person conference to be held in March 2021 in Miami.

"Hopefully, we will be able to go forward with it," Banoun said.

--Editing by Stephen Berg.

For a reprint of this article, please contact reprints@law360.com.

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