In force since 2014, the Anti-corruption Law placed Brazil among the most advanced and rigorous countries in the world in the fight against corruption. The change encouraged the maturing of our business environment and stressed the importance of corporate compliance programs for companies.
Attentive to the evolution of the Brazilian market and international regulations, in 2011, we established our compliance and corporate integrity practice to offer our clients full and effective advice on various issues relating to the prevention and combating of corruption under Brazilian legislation.
Acting in a fully integrated manner with other practices within the firm (in particular the areas of antitrust, litigation, public law, and labor law), our compliance and corporate integrity team is prepared to combine experiences and develop integrated actions to support clients in various industries, including, especially, advice on internal and government investigations, consulting in compliance matters and anti-corruption legislation, advising buyers and sellers in compliance audits in the context of M&A and financing transactions, and designing, developing, and implementing integrity programs.
Our team has extensive experience with these issues and is formed by professionals with broad experience both internationally and also in the public sector, as well as by professionals accredited by the Association of Certified Fraud Examiners (ACFE), focusing primarily on the following fields:
Anti-corruption and government investigations
In connection with Brazil's new legislative and enforcement environment, we have assisted our clients in advisory matters, and ongoing investigations carried out by various [numerous, several] Brazilian authorities (CGU, CVM, BCB, CADE, Public Prosecutors etc.). We have also provided support to foreign partners in assessing the national impacts of potential investigations by international authorities. In this field, we assist our clients in understanding the risks involved and in developing strategies to respond and address them. Our services often include:
- Assisting and advising on Brazilian laws governing the fight against fraud and corruption
- Representing and defending clients before Brazilian authorities
- Reviewing and negotiating leniency agreements
- Assessing risks generated by potential investigations initiated by governmental authorities, including advice as to possible alternative approaches to these risks
Internal investigations and crisis management
In addition to advising our clients on ongoing investigations conducted by local authorities, we have extensive experience in planning, modeling, and developing internal investigations and in assisting foreign partners in conducting the Brazilian stages [handling the Brazilian aspects] of internal investigations initiated in foreign jurisdictions. We help our clients to identify possible violations of law and to organize an adequate response to such events, all while ensuring reliability, quality, legality, and confidentiality to the process.
From a crisis management perspective, we provide support to our clients in preparing for and responding to crises not only related to risks of fraud and corruption, but also to other risks involving environmental, labor, data privacy, and many other issues.
Advice on governance, risk and compliance (GRC)
Also in the advisory field, we advise our clients on the development of general prevention, detection, and response actions, thereby structuring compliance programs aligned with domestic and international best practices and also with the criteria adopted by various Brazilian and foreign authorities. In this area, our services include the following activities:
- Designing, implementing, and reviewing compliance programs
- Mapping risks related to corruption, bribery, fraud, cartels, and money laundering, among other irregularities
- Developing risk management strategies and procedures
- Training employees and third parties
- Developing better risk management and corporate governance practices
- Auditing contracts and suppliers and preparing reports assessing the risks arising from such contracts
Due diligence and advisory services in M&A and project finance
The adoption of strict legislation to combat corruption exposed equity and debt operations in Brazil to new risks that need to be carefully assessed and addressed. In this scenario, it becomes increasingly necessary to be apprised of the practices and internal controls of companies targeted for investment to ascertain whether they comply with the laws and the best market standards. To assist our clients in this task, we conduct audits and due diligence focused specifically on the implementation and soundness of compliance programs adopted by companies being targeted for potential investment and investigate further, when necessary, any acts against the public administration by such companies, such as corruption and practices with antitrust implications that might affect the efficiency of the transaction and, in the future, generate liabilities for successor or investing companies.
In this process, we work in a creative and multidisciplinary manner, not only pointing out risks but, above all, providing intelligent solutions to manage or mitigate them. Our experience in such transactions includes advising clients from several industries, including from various regulated and infrastructure sectors.