Anti-Corruption, Integrity & ESG – Brazil

Implementing and normalizing integrity policies in Brazil has been particularly challenging, as there continue to be significant gaps in the intended policies, and what is actually put in place. In addition, the threats of national and international bribery and corruption are giving rise to new risks and increasing pressure on integrity frameworks.

Be sure to join us in this session as our panel of experts discuss the evolving landscape and what should be on your radar for the next six-twelve months:

• The potential for increased enforcement for companies that operate in Brazil, as well as their legal and compliance executives
• Legislation vs. enforcement: The evolving roles and responsibilities of agencies at the federal, state and municipal levels
• How the key local and international agencies will interface with companies that operate in Brazil
• Contrasting enforcement risks for local vs. multinational companies

The “S” in ESG covers a multitude of factors, and the scope of human rights covered by the “S” of ESG is quite broad.

In this session, we will review the latest ESG best practices for due diligence and compliance, and how to leverage broader anticorruption resources to strengthen programs. We will review:

• How a company’s reporting on the Social aspect of ESG activities can affect the accuracy of books and records
• Adjusting questionnaires to capture additional ESG concerns, such as how human rights due diligence is handled, and what Social goals a third party has
• Coordinating the effective use of organizational resources, through the use of data analysis to assess potential violations, social risks, and compliance issues
• Identifying potential human rights risks associated with business operations, including how to effectively conduct human rights impact assessments
• Assessing self-reported information provided by third parties to assess the overall level of ESG risk posed by a third party

Join us as the Agencies and Judicial Branch provide an update on key developments over the last twelve months and update us on enforcement priorities in Brazil, and how they are coordinating with international authorities.

The aggressive responses by enforcement authorities in Brazil to locate evidence of corruption has been cascading throughout the region and prompted numerous investigations into corruption. As the enforcement landscape in Brazil continues to shift, a newer system and focus has incentivized companies to disclose evidence of corruption and to cooperate with enforcement authorities.

Join us in this session as we discuss:

• The benefits of disclosure and cooperation
• Penalty reductions that can be awarded after disgorging “ill-gotten gains”
• Cooperation and remediation criteria that may lead to penalty reductions
• How settlements can save time, stress, reputation and goodwill with customers
• Alignment between prosecuting jurisdictions

Be sure to join us for this interview, as the DOJ’s Chief of the FCPA Unit will provide critical updates on enforcement and compliance priorities for industry in Brazil, as well as invaluable perspectives on the present and future of cooperation between Brazilian and U.S. authorities.

As can be seen from the recent implementation of the Safe Harbor Policy, the U.S. Department of Justice continues to highlight the importance of prompt self-disclosure, which now encompasses the M&A context. The new Policy goes beyond antitrust and FCPA, so corporations and legal practitioners will grapple with how to plan for the six-month VSD and 12-month remediation deadlines.

Be sure to join this interactive and informative session as our panel of experts discuss the big-ticket risks, deadlines, and steps needed to qualify for the program. Topics will include:

• Strategic considerations for pre-acquisition and integration planning
• Attorney-client privilege considerations
• What qualifies as a “bona fide, arms-length M&A transaction”?
• Disgorgement: What does it mean; how to address?
• What to expect when the government learns of compliance issues before the acquirer
• Conducting risk-based audits of all newly acquired or merged businesses as quickly as possible

Under the new Whistleblower Rewards Program, an individual can qualify to receive a portion of any resulting forfeiture if they aid the DOJ in discovering “significant corporate or financial misconduct” of which the DOJ was previously unaware.

Join us in this session as our experts discuss some of the parameters needed for the DOJ to offer payments, as well as reviewing the potential impact the Program will have on companies’ existing internal compliance reporting channels.

Recent DOJ and regulatory guidance stresses to companies the importance of leveraging data analytics, AI and other objective evidence to demonstrate a compliance program is working effectively and manages its compliance risks.

Be sure to join us in this critical discussion, as we discuss the risks and benefits of leveraging Data Analytics, AI and ML to strengthen your compliance program:

• Determining which compliance metrics to measure, and comparing them to industry standards and benchmarks for upgrades and improved predictability
• Identifying the solutions and applications that are needed to risk-rank transactions in Brazil and other jurisdictions in the region
• Conducting periodic reviews of your risk assessment program, based on continuous access to operational data and information over time and across functions
• Feeding back learnings from algorithms and human learning that allow you to leverage AI and ML toward making them more predictive
• Developing your risk profile with Data Analytics and AI to improve risk assessments and identify compliance and due diligence weak spots