Tivoli Mofarrej São Paulo Hotel, Alameda Santos, 1437 - Cerqueira César, São Paulo - SP, 01419-001, Brazil
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.
8.30: Welcome coffee and registration
9.00: Chair’s welcome
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.
10.20: Morning Keynote
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.
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.
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.
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.
17.45: Chair’s closing remarks
17.55: Close of conference
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“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
“Excellent overall programme. Thank you!” Gabriela Lanza, Corporate Counsel Caterpillar Inc.
|Super Early||$650||06 Sep 2019|
|Early||$750||04 Oct 2019|
|Standard||$850||17 Nov 2019|