Paul Hastings, New York
Cathleen McLaughlin is a partner in the Corporate Finance practice at Paul Hastings and is based in the firm’s New York office. Ms. McLaughlin focuses on cross border financing in Latin America and Europe. Ms. McLaughlin’s U.S. capital markets experience includes varied transactional and advisory securities experience relating to SEC-registered and unregistered (Regulation S and Rule 144A) debt and equity offerings by U.S., Latin American, and European issuers. She has extensive experience in sovereign, corporate, and infrastructure-related financings involving Latin American and European borrowers. Before joining Paul Hastings, Ms. McLaughlin was at another international law firm where she was the head of their New York International Capital Markets practice, and founded and co-headed the firm’s Latin America practice.
Paul Hastings, São Paulo
David Flechner is a partner in the Capital Markets practice of Paul Hastings and is based in the São Paulo office. Mr. Flechner represents financial institutions and corporate issuers across a wide range of sectors, primarily in Latin America, in debt and equity securities offerings and liability management transactions, both on an SEC-registered and exempt basis. He also has extensive experience advising leading Latin American companies and sovereign governments on SEC reporting obligations, U.S. stock exchange rules, and corporate governance matters. He regularly transacts in both Portuguese and Spanish.
Mr. Flechner has represented financial institutions as well as multilateral lenders in infrastructure financings, restructurings, and M&A transactions.
Mattos Filho, São Paulo
Jean advises corporations, financial institutions and institutional investors in a wide array of corporate and financial transactions, securities and payment services regulatory issues. His experience includes public offerings and private placements of equity, debt and hybrid securities, listing of securities in exchange markets, private equity investments and divestments, and corporate transactions involving public companies. He is a member of the Regulatory Committee of the Brazilian Association of Venture Capital and Private Equity (ABVCAP).
8.45: Welcome coffee and registration
9.15: Chairs' welcome
9.30 - A volatile region in a volatile world: Can Latin America profit from unpredictability?
When it comes to instability, political shifts and sudden rises and falls in stock markets, Latin America has its fair share of experience. But at the turn of the decade, volatility is increasing worldwide thanks to pervasive uncertainty, tensions in international relations and political polarisation. While investors traditionally run for safety in such conditions, that might not be the case this time around as returns on safer investments are becoming less attractive and mature markets are also rife with unpredictable macroeconomic conditions. Investors, instead, have been willing to go for more profitable opportunities as long as they provide manageable risks. While US and European bonds are not providing the same level of return they used to in the past, eyes have turned to emerging markets. Speakers will discuss the opportunities that have arisen in Latin America as the dynamics of the international landscape change and debate how key markets and industries are positioning themselves. Will Bolsonaro’s liberal Brazil emerge as the most attractive option for investors in public equities? Can left-wing AMLO’s Mexico diminish initial distrust? Will Chile hold its ground amid the pressure of the US-China tug-of-war? Are some sectors more primed for growth even as broader conditions remain challenging? More importantly, how can listed companies and those entering the market position themselves as an attractive option in the face of widespread uncertainty?
10.30: Coffee break
11.00 - Funding development and infrastructure growth: A discussion on the products available to trigger private sector investment
The opportunity for private sector investment in Latin America has never been so great. Public finance is becoming scarce due to tight fiscal budgets, and governments are increasingly relying on the market to finance economic development and infrastructure growth. With ambitious plans for new airports, bridges, roads, ports and other critical construction projects that many consider to be essential to dislodging growth bottlenecks across the region, governments have generally warmed to the idea of attracting private capital from abroad. Expectations for the private sector to step in through capital markets are high, but this requires the appropriate regulations and tools. In the last few years, a range of new applications of capital markets products have been developed to facilitate the participation of investors in the financing of infrastructure projects, real estate developments and agribusiness enterprises, to mention a few. In particular, there has been significant 4(a)(2) private placements and Rule 144A/Reg S offerings of project bonds giving international fixed income investors access to opportunities that have traditionally been limited to bank finance. This panel will travel across the region’s regulatory landscape and assess what is working and what can be improved among the tools available to attract investors. From Brazil’s public and private placements to Mexico’s Fibras, what are the options and how to make the best of them?
12.00 - Regulating the revolution: The impact of tech over capital markets and the new order it demands
The tech industry and its daring fintech platforms came to challenge and disrupt traditional payment methods and banking systems, and the innovation has extended across sectors, including Latin American success stories like delivery services giant Rappi. Their actions are challenging from the regulator’s perspective, but to resist the transformation would be unwise and stand in the way of innovation. This panel will assess how capital markets regulations through the region have embraced the tech revolution and ask if they have been fast enough to adapt. Regulators face a delicate task. They need to promote governance models that protect investors without adding unnecessary hurdles. What have been the results so far? Are regulators creating a proper environment for the proliferation of unicorns (high-valued start-ups) or are promising companies being held back by old-fashioned red-tape? What have been the examples of success and where do the pitfalls lie? The panel will also discuss the role of aggressive and disruptive investors.
13.00: Networking lunch
14.15 - Keynote address
15.00 - Inside look: Assessing the legal department’s role in public companies
The challenges of legal departments in listed companies are immeasurable. How to deal with transparency disclosures, what legal work to outsource and when, how to manage public offerings? These are just a few questions on the minds of general counsel. The explosion of corruption investigations across Latin America in recent years has led to a proliferation of compliance and governance challenges for companies, driving the creation of joint “legal and compliance officer” roles. For those whose companies are listed locally and overseas, dealing with multiple regulators and cultures further complicates matters. The audience will hear the experiences of those who handle such issues on a daily basis. General counsel and private practitioners will interact to identify best practices and discuss how to avoid pitfalls.
16.30 - Sustainable opportunities: The dynamics of green bonds and social investment
The appetite for green bonds has grown exponentially in Latin America, with many jurisdictions embracing them with gusto. Just in 2017, green-bond issuances grew by 78%, reaching US$155 billion worldwide. In Latin America, the trend is developing fast. Peruvian company Energia Eolica issued the first green bond in the region in 2014. Others have followed, including Mexico Airport’s US$2 billion green bond issuance, BNDES’ US$1 billion issuance in 2018 and the region’s first sovereign green bond in 2019 issued by Chile. This is the beginning of a growing trend, as the IFC says the region has more than US$1 trillion in climate financing opportunities until 2040. Panellists will share experiences about structuring these instruments and speak about related opportunities, including gender bonds, ESG and socially responsible investment.
“Excellent – very topical subjects and good range of topics” Fergal McLoughlin, Harneys
“Very interesting perspectives from different countries on each topic, providing a broad view on the matter” Cibelle Torossian, Groupe SEB
4 Oct 2019
|Early||$500||1 Nov 2019|
|Standard||$600||19 Nov 2019|
|In-house counsel/government representatives|