Coverage

Brazilian leniency deals have evolved but uncertainty remains, say lawyers

Shin Jae Kim and Caio Farah Rodriguez

02 November 2017

A lack of coordination between national authorities continues to pose a hurdle for companies looking to negotiate a leniency deal under Brazil’s Clean Company Act, lawyers said during a GIR event in São Paulo.

Brazilian prosecutor: “We are part of the problem”

Andrew Levine and Vladimir Aras

02 November 2017

Speaking in São Paulo on 1 November, senior Brazilian prosecutor Vladimir Aras addressed the difficulty of coordinating with national counterparts when negotiating leniency deals and the need for legal reform.

Put together crisis management ahead of a scandal, say panellists

Put together crisis management ahead of a scandal, say panellists

08 November 2017

At the first sign of a crisis, do not rush, gather the facts and send the right messages, advised crisis management panellists at the Latin Lawyer-GIR 5th Annual Anti-Corruption & Investigations conference, held in São Paulo on 1 November.

Former FCPA unit chiefs defend the ‘revolving door’

Former FCPA unit chiefs defend the ‘revolving door’

24 November 2017

Government officials moving to the private sector face public criticism and suspicion from clients, but two former top Foreign Corruption Practices Act (FCPA) officials say having experience on both sides of the table is worth it.

Chairs

Andrew Levine

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.Mr Levine frequently advises companies on compliance matters, including with respect to the US Foreign Corrupt Practices Act, and the assessment and management of risks presented by potential mergers, acquisitions and other transactions.

Renata Muzzi Gomes de Almeida

TozziniFreire, São Paulo

Partner at TozziniFreire's Compliance & Investigation practice group since 2006, Renata 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. Renata frequently advises companies on a broad array of anti-corruption and anti-bribery matters, including conducting internal investigations and formulating compliance and anti-corruption programs.

Shin Jae Kim

TozziniFreire, São Paulo

A member of TozziniFreire's Executive and Management Committees, Shin heads TozziniFreire's Compliance & Investigation Practice Group. Well respected for her leading practice, Shin has about 25 years of experience in mergers and acquisitions and other transactional work, and advises investors from various countries in their inbound and outbound investments. She also counsels clients on their relationships with government bodies and corporate investigations. Shin is the head of the Asia Practice Group, directly coordinating the Korea and China groups.

Keynote Speakers

Camilo Andrés Cetina Fernández

Advisor, Office of the President, Republic of Colombia, Bogotá

Vladimir Aras

Federal Appellate Prosecutor, Former Head of the International Cooperation Unit (SCI), Office of the Brazilian Prosecutor General (PGR), São Paulo

Professor Vladimir Aras has gotten a Law degree from the Catholic University of Salvador (1992) and a Master's degree from the Federal University of Pernambuco (2003). He wrote his Master's essay on the Budapest Convention about Cyber Crimes. He undertook a training course for Latin-American Prosecutors (2007) which was provided by CEJA, the Justice Center of the Americas. He also undertook a training course on the Global Anti-terrorism Regime as provided by DiploFoundation (2009). Additionally, he undertook a training course on Anti-money laundering as provided by PNLD, the Brazilian Anti-Corruption and Anti-Money Laundering Training Program by the Brazilian Ministry of Justice (Programa Nacional de Capacitação e Treinamento para o Combate à Corrupção e à Lavagem de Dinheiro do Ministério da Justiça). Furthermore, he undertook the 16th Training Program on UNCAC (2013), as provided by the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (Unafei) in Tokyo.

Speakers

Alex Parker

Head of Special Investigations, GlaxoSmithKline, London

Antenor Madruga

FeldensMadruga, Brasília

Caio Farah Rodriguez

Barros Pimentel, Alcantara Gil e Rodriguez, São Paulo

Camilo Enciso

Director, International Institute on Anti-corruption Studies, Bogotá

Fernando Ribeiro

UBS, São Paulo

Isabel Franco

Koury Lopes, São Paulo

James Koukios

Morrison & Foerster, Washington, DC

João Carlos Figueiredo Cardoso

Director of State Companies Oversight, Comptroller General of the Union (CGU), Brasília

Julio Sergio Cardozo

Member of several boards and Founder & CEO, Julio Sergio Cardozo & Associados, Rio de Janeiro

Kara Novaco Brockmeyer

Debevoise & Plimpton, Washington, DC

Karina Close D'Angelo de Carvalho

Compliance and Regulatory Manager LATAM, GE Renewable Energy, São Paulo

Káthia Autuori

Chief Compliance Officer, Goldman Sachs, São Paulo

Matteson Ellis

Miller & Chevalier, Washington, DC

Patrick Stokes

Gibson, Dunn & Crutcher, Washington, DC

Pedro Ruske Freitas

Deputy General Coordinator for Integrity, Auditor, Comptroller General of the Union (CGU), Brasília

Peter Spivack

Hogan Lovells, Washington, DC

Robert Cleary

Proskauer Rose, New York

Thiago Jabor Pinheiro

Mattos Filho, São Paulo

William Burck

Quinn Emanuel Urquhart & Sullivan, Washington, DC

Programme

8.30: Welcome coffee and registration

8.45: Chair's welcome 

Andrew Levine, Debevoise & Plimpton, New York

9.00: Brazil's anti-corruption learning curve

Leniency and cooperation agreements have quickly become firm fixtures within Brazil's evolving anti-corruption landscape. Perhaps unsurprisingly, introducing these powerful new weapons into the armoury of regulators and prosecutors has brought numerous challenges. From determining the scope of such agreements to protecting companies from further reprisals, public and private counsel have encountered hurdles implementing measures that many view as works-in-progress. Drawing on the experiences of lawyers involved in some of the highest-profile Brazilian leniency agreements to date, this panel will consider the hot-button issues from the perspectives of those on both sides of the table.

Moderator:
Shin Jae Kim, TozziniFreire, São Paulo

Panel
Caio Farah Rodriguez, Barros Pimentel, Alcantara Gil e Rodriguez, São Paulo
Isabel Franco, Koury Lopes, São Paulo
João Carlos Figueiredo Cardoso, Director of State Companies Oversight, Comptroller General of the Union (CGU), Brasília
Thiago Jabor Pinheiro, Mattos Filho, São Paulo

10.20: Keynote Q&A

Speaker
Vladimir Aras, Federal Appellate Prosecutor, Head of the International Cooperation Unit (SCI), Office of the Brazilian Prosecutor General (PGR), São Paulo

Interviewer
Andrew Levine, Debevoise & Plimpton, New York 

10.50: Coffee break

11.20: Compliance think tank

The job description of Latin America's compliance professionals has never been so broad, nor the potential penalty for dropping the ball so great. Responsibilities sometimes seem to know no bounds, including ensuring appropriate policies, training, tone from the top, monitoring and testing, third-party due diligence, and mitigation of risk in the M&A context. But with so many completing demands, how do compliance professionals ensure the biggest risk areas receive enough attention? And which issues invariably keep them awake at night? This compliance think tank brings together CCOs from some of region's biggest companies to discuss how to stay protected and keep abreast of developments within a rapidly changing and increasingly complex marketplace.

Moderator
Matteson Ellis, Miller & Chevalier, Washington, DC

Panel
Káthia Autuori, Chief Compliance Officer, Goldman Sachs, São Paulo
Karina Close D'Angelo de Carvalho, Compliance and Regulatory Manager LATAM, GE Renewable Energy, São Paulo
Pedro Ruske Freitas, Deputy General Coordinator for Integrity, Auditor, Comptroller General of the Union (CGU), Brasília
Fernando Ribeiro, UBS, São Paulo

12.30: Networking lunch kindly sponsored by FeldensMadruga

14.00: Keynote Q&A

Speaker
Camilo Andrés Cetina Fernández, Advisor, Office of the President, Republic of Colombia, Bogotá

Interviewer
Andrew Levine, Debevoise & Plimpton, New York

14.30: Successful crisis management

When the worst-case scenario becomes the new reality, what steps can and should companies take to prevent a manageable crisis from becoming a terminal event? Leading practitioners from the United States and Latin America will offer advice on the full-gamut of factors that a company in crisis should consider. This includes assembling a response team, selecting the right strategy, gathering the relevant facts, managing the external and internal messages, and considering the pros and cons of self-reporting.  

Moderator
Peter Spivack, Hogan Lovells, Washington, DC

Panel
Renata Muzzi Gomes de Almeida, TozziniFreire, São Paulo
Robert Cleary, Proskauer Rose, New York
William Burck, Quinn Emanuel Urquhart & Sullivan, Washington, DC
Julio Sergio Cardozo, Member of several boards and Founder & CEO, Julio Sergio Cardozo & Associados, Rio de Janeiro

15.40: Coffee break

16.10: Prosecutor to defender: a view from both sides

Many factors bear on the objectives and strategies of legal counsel during an investigation. Perhaps none is as great as whether acting for the prosecution or defence. In this one-of-a kind panel, former prosecutors will discuss the challenges of bridging the conceptual gap between regulator and defender, and consider the benefits for both clients and country of crossing the divide. Panelists also will address common mistakes made by companies embroiled in anti-corruption investigations and offer thoughts on how best to avoid making them.

Moderator
James Koukios, Morrison & Foerster, Washington, DC

Panel
Kara Novaco Brockmeyer, Debevoise & Plimpton, Washington, DC
Patrick Stokes, Gibson, Dunn & Crutcher, Washington, DC
Antenor Madruga, FeldensMadruga, Brasília
Camilo Enciso, Director, International Institute on Anti-corruption Studies, Bogotá

17.20: Chairs' closing remarks

Shin Jae Kim, TozziniFreire, São Paulo
Renata Muzzi Gomes de Almeida, TozziniFreire, São Paulo

17.30 onwards: All delegates are invited to attend a drinks reception kindly hosted by Morrison & Foerster

Venue

Tivoli Mofarrej São Paulo Hotel, Alameda Santos, 1437 - Cerqueira César, São Paulo - SP, 01419-001, Brazil

Testimonials

  • “Latin Lawyer conferences provide a great forum for the latest industry trends and regulations as well as networking with the leading industry players in the region. The quality of speakers and topics of discussion deliver a balanced academic and practical view of the law.”

    Marco Solano
    Aguilar Castillo Love

  • “Excellent overall programme. Thank you!”

    Gabriela Lanza, Corporate Counsel
    Caterpillar Inc.

  • “The Latin Lawyer conferences gather the leading lawyers from the region to discuss the most significant current legal topics. A must go event for Latin American practitioners.”

    Fulvio Italiani
    D'Empaire Reyna Abogados

  • "High level discussion. Very informative and conclusive"

    Pablo Galvão, GLP

Ticket prices

Private Practitioner
Type Price Until
Super Early $650  22 Sept 2017
Early $750 20 Oct 2017
Standard $850 1 Nov 2017

 

In-house/governmental
Type Price Until
Standard $350  1 Nov 2017