Debevoise & Plimpton, New York
Andrew Levine is a litigation partner who focuses his practice on white collar and regulatory defense, internal investigations and a broad range of complex commercial litigation. He regularly defends companies in criminal, civil and regulatory enforcement matters and has conducted numerous investigations throughout the world.
TozziniFreire, São Paulo
Renata is a Partner at TozziniFreire’s Compliance & Investigation practice group, and focuses her practice on compliance matters, with particular expertise in internal investigations. Her experience includes general counseling in anti-corruption and compliance matters, development of compliance programs, trainings, risk assessments and anti-corruption audits in the context of M&A transactions.
TozziniFreire, São Paulo
Shin is a member of TozziniFreire’s Executive Committee, and focuses her practice on mergers and acquisitions, corporate law, and regulatory compliance matters. Shin has over 25 years of experience in mergers and acquisitions and other transactional work, and advises investors from various countries in their inbound and outbound investments.
Wednesday 7th October
1.50: Chair’s welcome and introduction
Recent years have witnessed a dramatic wave of cross-border anti-corruption enforcement, provoking an exponential increase in the number of coordinated settlements across multiple jurisdictions. In just the last five years, Brazilian, U.S. and other countries together have settled more than ten FCPA-related matters featuring conduct in Brazil. This cooperation and coordination among authorities has raised numerous challenges and opportunities, which we will focus on throughout the first day’s programme.
2.00: Cross-border enforcement: Roundtable discussion with Brazilian and U.S. authorities
To begin, leading Brazilian and U.S. authorities will discuss expectations around self-reporting, cooperation with government investigations, remediation, and penalties, including the dreaded risk of piling on. Other topics will include evidence gathering, information sharing, and the impact of legal differences within and across jurisdictions.
3.00: Challenges and opportunities: views from the defence perspective
Next, highly experienced practitioners will share their response to the issues raised earlier by the authorities. Topics for discussion will include difficulties faced when reporting to and negotiating with multiple authorities, both within Brazil and with U.S. and other authorities. Counsel also will discuss challenges in managing the expectations of regulators (and corporate clients) across jurisdictions, as well as difficulties in obtaining legal certainty for their clients.
3.50: Keynote Speech
4.15: Chairs’ closing remarks
Thursday 8th October
1.50: Chair’s welcome
2.00: Keynote Speech
2.25: Compliance best practices in the age of COVID-19
The global pandemic has impacted all aspect of business, not least of which compliance. This panel of in-house and external experts will discuss real-life challenges of companies grappling with evolving compliance risks and often trying to do more with less. Even when working remotely, some compliance tasks remain absolutely vital, such as effectively handling whistleblower complaints, while others more reasonably may await a return to relative normalcy. Companies must consider how to set clear and realistic priorities and how to maintain a strong tone at the top, notwithstanding significant commercial pressures. The panelists will reflect on compliance lessons learned during recent months, as well as strategies and technologies that may positively influence the future of compliance.
3.25: Regional anti-corruption enforcement colloquium
Leading anti-corruption lawyers from countries in Latin America will share their perspectives on the most significant regulatory and enforcement developments across the region.
For example, in Mexico there have been new AML investigations as part of the anti-corruption enforcement strategy. Mexico also enacted the Republican Austerity Law which, among other things, imposes severe restrictions on government officials moving to the private sector. In Argentina, the segregation of the Oficina Anticorrupción (OA) from the country’s Presidency gave the agency more autonomy. Colombian authorities are still striving for prosecutions related to the Odebrecht case. Meanwhile, agents from the FBI’s dedicated anti-corruption squad in Miami recently cited Brazil, Mexico and Colombia as three priority countries for the FBI’s investigative efforts in Latin America. This panel also will address how the increased cross-border collaboration on bribery cases – both among regional prosecutors and with U.S. authorities – has altered companies’ risk exposures.
4.25: Networking drinks