Coverage

Criminal division deputy: Petrobras settlement shows commitment to 'piling on' policy

18 October 2018

The principal deputy of the DOJ’s criminal division has said that the recent Petrobras settlement is a sign of the DOJ’s commitment to reducing “piling on” in a keynote speech in which he also highlighted the importance of transparency.

Brazilian lawyers: “We are living in a land of uncertainty”

19 October 2018

Officials from Brazil’s AGU and CGU reassured lawyers at a conference on 18 October that they are working hard to improve cooperation and coordination between authorities to provide companies with clarity on what to expect after self-reporting.

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.

Renata Muzzi Gomes de Almeida

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.

Shin Jae Kim

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.

Keynote Speaker

Eduardo El Hage

Attorney, The Federal Public Prosecutor's Office (MPF), Rio de Janeiro

Speakers

Ana Carolina D'Atri

Legal Counsel, Adobe Systems, São Paulo

Alex Parker

Head of Special Investigations, GlaxoSmithKline, London

Ana Novaes

Board member, CCR, FGC (the Brazilian FDIC), Odebrecht Engenharia e Construção, and the Brazilian Takeover Panel, Rio de Janeiro

André Béla Jánszky

Board and Audit Committee member of Gol and NetShoes and member of the investigative Independent Committees of CCR, HYPERA and M Dias Branco, São Paulo

Antenor Madruga

FeldensMadruga, Brasília

Antonio Carlos Vasconcellos Nóbrega

Head of the Federal Secretary of Internal Affairs, Brazilian Office of the Comptroller General (CGU), Brasília

Bernardo Becker Fontana

The World Bank, Washington, DC

Eli Loria

Loria e Kalansky, São Paulo

Enrique Bruchou

Bruchou, Fernández Madero & Lombardi, Buenos Aires

Francisco Petros

Fernandes, Figueiredo, Françoso e Petros, São Paulo

Jeremy Feigelson

Debevoise & Plimpton, New York

John Cronan

Principal Deputy Assistant Attorney General, Criminal Division, US Department of Justice, Washington, DC

Luis Dantón Martínez Corres

Ritch, Mueller, Heather y Nicolau, Mexico City

Marcela Waksman Ejnisman

TozziniFreire, São Paulo

María Carolina Pardo Cuéllar

Baker McKenzie, Bogota

María González Calvet

Ropes & Gray, Washington, DC

Marisa Peres

Head of Ethics & Compliance South LA, Avon, São Paulo

Pierpaolo Cruz Bottini

Bottini & Tamasauskas, São Paulo

Rafael Mendes Gomes

Executive Director of Governance and Compliance, Petrobas, Brasília

Ruti Smithline

Morrison & Foerster, New York

Tatiana Mesquita Nunes

Lawyer of the Union, Attorney General’s Office, Brasília

Thiago Luís Sombra

Mattos Filho, São Paulo

Programme

8.30: Welcome coffee and registration

8.45: Chair's welcome

Andrew Levine, Debevoise & Plimpton, New York

9.00: Brazil’s evolving enforcement landscape

Five years after the passage of the Clean Company Act, anti-corruption enforcement in Brazil is no longer novel. In fact, it serves as a model for burgeoning enforcement in the region and globally. But growing pains are inevitable, particularly given the sheer volume of enforcement and Brazil’s accompanying economic challenges and political volatility. This panel of experts will discuss relevant changes in Brazil’s enforcement landscape and their impact on daily practices, including:

  • Rules regarding cooperation between companies and individuals
  • Limits of government investigations
  • Roles of different authorities in matters related to corruption
  • Lessons learned from leniency agreements with multiple authorities 

Moderator:
Shin Jae Kim, TozziniFreire, São Paulo

Panel:
Pierpaolo Cruz Bottini, Bottini & Tamasauskas, São Paulo
Antenor Madruga, FeldensMadruga, Brasília
Antonio Carlos Vasconcellos Nóbrega, Head of the Federal Secretary of Internal Affairs, Brazilian Office of the Comptroller General (CGU), Brasília
Tatiana Mesquita Nunes, Lawyer of the Union, Attorney General’s Office, Brasília

10.00: Morning keynote speech and Q&A

Eduardo El Hage, Attorney, The Federal Public Prosecutor's Office (MPF), Rio de Janeiro

10.35: Coffee break

11.00: Regional perspectives and predictions

New anti-corruption laws abound in Latin America. But the key question is whether or not the region will see aggressive enforcement of these new laws. It’s also important to determine what this web of laws means for companies operating throughout the region. Leading anti-corruption practitioners will discuss and debate the status of anti-corruption laws and enforcement in Latin America, including: 

  • Impact of Argentina’s anti-corruption law imposing corporate criminal liability
  • Fate of Mexico’s new anti-corruption system following Andrés Manuel López Obrador’s election
  • Recent developments in other Latin American countries such as Colombia and Peru
  • Role of the World Bank’s Integrity Vice Presidency in helping to police the region

Moderator:
Ruti Smithline, Morrison & Foerster, New York

Panel:
Enrique Bruchou, Bruchou, Fernández Madero & Lombardi, Buenos Aires
Luis Dantón Martínez Corres, Ritch, Mueller, Heather y Nicolau, Mexico City
María Carolina Pardo Cuéllar, Baker McKenzie, Bogota
Bernardo Becker Fontana, The World Bank, Washington, DC

12.00: Coffee break 

12.30: The board’s critical role in crisis management

When confronted with a corporate crisis, a company’s board of directors plays a vital role in formulating the appropriate strategy and ensuring it is properly implemented. Directors can help a company navigate the perils of governmental enquiries or other existential threats so dire that they threaten an enterprise’s commercial viability. In some circumstances, directors themselves must oversee a company’s internal investigations to ensure the necessary degree of independence. This panel will bring together seasoned directors to offer perspectives on managing and surviving crises, including: 

  • Calibrating the board’s proper role relative to management’s
  • Assembling the right external advisors
  • Conducting a truly independent internal investigation
  • Balancing commercial imperatives
  • Deciding whether to settle or fight
  • Best practices for after the storm passes

Moderator:
Andrew Levine, Debevoise & Plimpton, New York

Panel:
Eli Loria, Loria e Kalansky, São Paulo
Francisco Petros, Fernandes, Figueiredo, Françoso e Petros, São Paulo
Andre Jansky, Independent Director, GOL Linhas Aéreas Inteligentes, São Paulo
Ana Novaes, Board member, CCR, FGC (the Brazilian FDIC), Odebrecht Engenharia e Construção, and the Brazilian Takeover Panel, Rio de Janeiro

13.30: Networking lunch

14.40: The next frontier of data privacy

On May 25, 2018, the EU General Data Protection Regulation (GDPR) took effect, causing companies near and far to re-evaluate how they manage personal data. Recent approval of Brazil’s data protection legislation has intensified the related debate in Brazil and sent shockwaves throughout the region. While much uncertainty remains, there is at least the possibility of tension between these increasingly strict data privacy requirements and companies’ own internal compliance objectives, as well as potentially the expectations of prosecutors and regulators conducting corporate investigations. This panel of experts will explore how evolving standards of data privacy may impact companies, including with regard to corporate investigations, due diligence, and day-to-day global operations. Topics for discussion include strategies for avoiding common pitfalls involving: 

  • Identifying and protecting “personal data” under the broad new definitions
  • Compliant approaches to collecting, processing, and reviewing personal data of customers, employees, and other stakeholders
  • Transferring data internationally – when it can and cannot be done, and how
  • Producing documents to law enforcement authorities across borders
  • Managing a data breach 

Moderator:
Thiago Luís Sombra, Mattos Filho, São Paulo

Panel:
Jeremy Feigelson, Debevoise & Plimpton, New York
Marcela Waksman Ejnisman, TozziniFreire, São Paulo
Ana Carolina D’Atri,  Legal Counsel- LATAM, Adobe, São Paulo

15.40: Coffee break

16.05: Afternoon keynote address

John Cronan, Principal Deputy Assistant Attorney General, US Department of Justice, Washington DC

16.40: Internal investigations of all shapes and sizes

Not all internal investigations are bet-the-company or likely to uncover massive bribery schemes. Nevertheless, best practices should help inform and guide even smaller investigations handled exclusively by company personnel. The variety of internal investigations is virtually unlimited, including harassment investigations relating to #MeToo and matters such as conflicts of interest and fraud. Through the experiences and insights of experienced investigators, this panel will consider investigative best practices, including:

  • Whistleblower interactions and management
  • Initial investigative steps
  • Document review and witness interviews
  • Concluding an investigation
  • Privilege considerations

Moderator:
Alex Parker, Head of Special Investigations, GlaxoSmithKline, London

Panel:
María González Calvet, Ropes & Gray, Washington, DC
Rafael Mendes Gomes, Executive Director of Governance and Compliance, Petrobras, Brasília
Marisa Peres, Head of Ethics & Compliance South LA, Avon, São Paulo

17.40: Chairs' closing remarks

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

17.45 onwards: All delegates are invited to attend a drinks reception kindly hosted by FeldensMadruga

Venue

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

Testimonials

  • “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

  • “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

Ticket prices

Private Practitioner
Type Price Until
Super Early $650 

7 September 2018

Early $750 5 October 2018
Standard $850 18 October 2018

 

In-house/governmental
Type Price
Standard $350