Thursday, 17th October 2019, Tivoli Mofarrej São Paulo Hotel, Alameda Santos, 1437 - Cerqueira César, São Paulo - SP, 01419-001, Brazil

Join us in São Paulo for a chance to connect and network with general counsel delegates from the following organisations: American Tower Corporation; Amsted Rail; Archer Daniels Midland Company; Arrow ECS Brasil Distribuidora; Asics do Brasil; Atlas Schindler S. A; Babcock International Group; ABN AMRO Bank; Banco Fibra; Biogen; BMW do Brasil; Casio; CBRE; Chubb Seguros; Coface; Companhia Brasileira de Alumínio; DeLaval; Editora Moderna Ltda; FMC Quimica do Brasil; The Furukawa Electric Co.; General Electric; ING Bank; Ingersoll Rand Inc.; Medtronic Bakken Research Center; Mercedes-Benz; Mitsui & Co. (Brasil) S.A.; Mizuho Bank; Oxiteno S.A. Indústria e Comércio; Penske Logistics; Prosegur Brasil; Qualcomm; SABIC; SBA Torres Brasil; Scania Latin America; Sherwin-Williams do Brasil; Siemens; Sigma; Suez Water Technologies; Syngenta Proteção de Cultivos; Tetra Pak; Ultrapar; Unilever Brazil; Visiona Tecnologia Espacial S.A.; Volvo Financial Services; ZF do Brasil 

E-mail Tel: +44 20 3780 4282

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.

Speakers

Ana Paula Martinez

Levy & Salomão, São Paulo

Antenor Madruga

Feldens Madruga, Brasilia

Geert Aalbers

Control Risks, São Paulo

Glenn Pomerantz

BDO, New York

Jonathan S. Kolodner

Cleary Gottlieb Steen & Hamilton, New York

Luciano Dequech

Odebrecht S.A., Brazil

María González Calvet

Ropes & Gray, Washington DC

Marina Coelho Araújo

Costa, Coelho Araujo e Zaclis, São Paulo

Thiago Luís Sombra

Mattos Filho, Brasilia

8.30: Welcome coffee and registration

9.00: Chair’s welcome

Andrew Levine, Debevoise & Plimpton, New York

9.20: Brazil’s latest enforcement waves

Anti-corruption enforcement in Brazil continues proliferating. In addition to the oil & gas, construction, and infrastructure sectors, recent enforcement has impacted other industries, including pharmaceuticals and medical devices, finance, and technology. While the scope of such enforcement expands, coordination among Brazilian authorities still requires improvement. At the same time, anti-corruption enforcers around the world are more coordinated than ever, causing further challenges for self-reporting and cooperation. A growing number of companies in Brazil are both seeking to combat corruption and willing to cooperate with governmental investigations. In this session, renowned lawyers will discuss the latest enforcement priorities and prosecutions in Brazil, as well as what to expect from Brazil’s evolving enforcement environment.

Moderator
Shin Jae Kim, TozziniFreire, São Paulo

Panel:
Ana Paula Martinez, Levy & Salomão, São Paulo
Antenor Madruga, Feldens Madruga, Brasilia
Felipe Dantas, Federal attorney and General Counsel, the Office of the Comptroller-General (CGU), Brasilia
Eric Snyder, Jones Day, São Paulo and Washington DC

10.20: Morning Keynote

André Luiz Mendonça, Attorney General of the Union, Brasília

11.00: Coffee break

11.30: Managing potential tensions between the interests of companies and their employees in government investigations

In the context of government investigations, the interests of companies and their employees sometimes diverge, including as to self-reporting and cooperation. Prosecutors typically want to understand which employees caused and were aware of corporate misconduct, while individuals naturally want to avoid the spectre of prosecution. For companies seeking cooperation credit from prosecutors, there is an undeniable incentive to report on the conduct of culpable employees, fuelling the proverbial concern of individuals getting “thrown under the bus.” In the United States, the number of individuals recently prosecuted under the FCPA has grown considerably, often without a corresponding U.S. corporate enforcement action. Many of the Cuadernos prosecutions in Argentina, as another example, have focused on individuals. This panel of seasoned investigative experts will consider ways of navigating the sometimes disparate interests and rights of companies and their employees, including in conducting interviews, retaining counsel for individuals, maintaining privilege, reporting to regulators, and entering into settlement agreements.

Panel:
Marina Coelho Araújo, Costa, Coelho Araujo e Zaclis, São Paulo
Luciano Dequech, Odebrecht S.A., Brazil
Karla Lini Maeji, TozziniFreire, São Paulo
Kara Brockmeyer, Debevoise & Plimpton, Washington DC

12.30: The era of corporate governance

With increasing anti-corruption and other enforcement, there is an understandable focus on enhancing corporate governance. Companies and their boards are seeking to assess and bolster internal structures for detecting, preventing, and remediating corporate wrongdoing. This panel of leading experts will examine best practices for executing the respective roles of boards and management, including as to corporate governance generally and the oversight of sensitive investigative matters more specifically. Panelists will address how to ensure and nurture effective and transparent relationships among boards (and various board committees), management, and all employees. The panel also will discuss the boundaries of ethical and legal perspectives given the role of different corporate governing bodies; individual liabilities versus social and corporate interests; and the limits of business judgement.

Moderator
Andrew Levine, Debevoise & Plimpton, New York

Panel:
María González Calvet, Ropes & Gray, Washington DC
Glenn Pomerantz, BDO, New York

13.30: Networking lunch

14.45: Regional perspective on corruption and its close cousins: fraud, money laundering, cartels, and more

As Operation Lava Jato and its progeny demonstrate, the potential links among corruption, fraud, money laundering, and cartels are undeniable and perhaps unavoidable. The proceeds of criminal activity often require laundering, and cartels unsurprisingly may rely on corruption in order to carve up markets and unfairly procure government contracts. For example, in Brazil’s Operation Resonance, authorities arrested individuals accused of defrauding healthcare bids through price-fixing cartels. In Mexico, the arrest warrant issued in June for the former head of Pemex encompassed offenses including bribery, fraud, and money laundering. Colombia’s former National Anti-Corruption Director and a local lawyer previously pleaded guilty in the United States to participating in a conspiracy to launder money to promote foreign bribery. Authorities in Peru charged a former president and his wife with money laundering – and, in the case of his wife, also the crime of concealment – flowing from alleged corruption. Meanwhile, the Panama Papers unleashed a trail of investigative and enforcement activity entailing fraud, money laundering, tax evasion, and more. This panel of anti-corruption experts will address these persistent connections and more broadly the state of enforcement in the region.       

Moderator
Jonathan S. Kolodner, Cleary Gottlieb Steen & Hamilton, New York

Panel:
José Valentín González, D'Empaire Reyna Abogados, Caracas
Maximiliano D’Auro, Beccar Varela, Buenos Aires

15.45: Coffee break

16.10: Afternoon Keynote

16.45: Innovative uses of technology in compliance and investigations

Artificial intelligence and other technological innovations are impacting significantly how companies and their outside advisors structure compliance programs and conduct internal investigations. Many companies are experimenting with new approaches in areas such as due diligence, third-party oversight, and overall compliance monitoring and testing. Computer algorithms sometimes can detect concerning patterns of employee behaviour or even circumstances in which such behaviours are more likely to materialise. On the investigative front, technological changes include computer-assisted document review and other innovations intended to increase efficiency and decrease costs. This panel of experts will discuss innovative uses of technology in compliance and investigations, including how companies can best access the potential benefits; corresponding risks around reliability and credibility with regulators; and the continuing importance of human judgment in leveraging these tools.   

Panel:
Thiago Luís Sombra, Mattos Filho, Brasilia
Geert Aalbers, Control Risks, São Paulo

17.45: Chair’s closing remarks

17.55: All delegates are invited to the drinks reception kindly hosted by FeldensMadruga

Further information

For further information or sponsorship opportunities, please call +44 203 780 4137 or email llevents@latinlawyer.com

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

Prices

Private Practitioner
Type Price Expires
Super Early $650  06 Sep 2019
Early $750 04 Oct 2019
Standard $850 17 Oct 2019

 

In-house/governmental
Type Price
Standard $0