Published by Latin Lawyer and LACCA, edited by Andrew M Levine, a litigation partner at Debevoise & Plimpton LLP, with associate editors Reynaldo Manzanarez Radilla, head of legal affairs and compliance at Incode Technologies Inc., Valeria Plastino, vice president, general counsel and regional compliance officer at Lumen Technologies, and Fabio Selhorst, senior vice president of corporate affairs at Hapvida, The Guide to Corporate Compliance is designed to assist key corporate decision-makers and their advisers in the effective handling of their compliance obligations in Latin America.
This guide delivers specialist insight to our readers – general counsel, compliance officers, government agencies and private practitioners – who must navigate the region’s complex, fast- changing framework of rules and regulations.
In preparing this guide, we have been working with practitioners from a variety of disciplines and geographies, who have contributed a wealth of knowledge and experience. We are grateful for their cooperation and insight.
Introduction
Andrew M Levine
Debevoise & Plimpton LLP
Part 1: Setting the Scene
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The Evolution of Compliance and Where it is Headed Next
Peter S Spivack and Isabel Costa Carvalho
Hogan Lovells
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No Signs of Slowing Down: Latin America’s Current Compliance Climate
Julie Bedard, Maria Cruz Melendez and Mayra Suarez
Skadden, Arps, Slate, Meagher & Flom LLP
Part 2: Building an Effective Compliance Programme
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The Ingredients of a Successful Compliance Department
Reynaldo Manzanarez Radilla
Incode Technologies Inc
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Developing a Robust Compliance Programme in Latin America
Brendan P Cullen and Anthony J Lewis
Sullivan & Cromwell LLP
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The Board’s Role in Compliance: The Traditional Oversight Approach is Not Good Enough
Andrew B Jánszky
Andrew B Jánszky
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Best Practices for Conducting Compliance Risk Assessments
Daniel S Kahn, Tatiana R Martins and Jordan Leigh Smith
Davis Polk & Wardwell
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Third-Party Due Diligence: Expanding Compliance Programmes to Suppliers and Clients
Palmina M Fava and Zachary Terwilliger
Vinson & Elkins LLP
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How to Build Effective Internal Communication Channels
María González Calvet, Krystal Vazquez and Baldemar Gonzalez
Ropes & Gray
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How to Conduct Internal Investigations of Alleged Wrongdoing
Adrián Magallanes Pérez and Diego Sierra Laris
Von Wobeser y Sierra, SC
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Assessing and Mitigating Compliance Risks in the Transactional Context
Andrew M Levine and Erich O Grosz
Debevoise & Plimpton LLP
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Why Fresh Perspectives on Tech Solutions are Key to Evolving Data-Driven Compliance Monitoring
Gabriela Paredes, Dheeraj Thimmaiah, Jaime Muñoz and John Sardar
Anheuser-Busch InBev
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It Takes Two to Tango: How Forensic Accountants Can Complement Attorneys
Nelson Luis, Raúl Saccani and Fernando Peyretti
Deloitte
Part 3: Legislative and Regulatory Pressure Points
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Navigating Competition Rules Throughout the Region
Lorena Pavic, José Pardo, Benjamín Torres and Raimundo Gálvez
Carey
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Demonstrating Compliance with Data Privacy Legislation
Palmina M Fava, Gabriel Silva and Christopher W James
Vinson & Elkins LLP
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Reducing Cyber and Data Risk through Incident Readiness and a Culture of Compliance
Antonio Gesteira, Jordan Rae Kelly and Adriana Prado
FTI Consulting
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Recent Trends in Mitigating US Sanctions Risks in Latin America
Ryan Fayhee, Diego Durán de la Vega, Tyler Grove and Anna Hamati
Hughes Hubbard & Reed LLP
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How Argentina’s Financial Services Industry is Managing Risk in an Evolving Environment
Maximiliano D'Auro and Gustavo Papeschi
Beccar Varela
Part 4: Trends to Watch
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The Growth of Legislation Targeting Private Corruption
Ben O’Neil and Elissa N Baur
McGuireWoods
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The Rise of ESG as a Social Pillar in Latin America
Ruti Smithline, Hayley Ichilcik, James M Koukios, Lauren Navarro and Stephanie Pong
Morrison & Foerster LLP
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Compliance as the Foundation for ESG Oversight
Ruti Smithline, Hayley Ichilcik, James M Koukios, Lauren Navarro and Stephanie Pong
Morrison & Foerster LLP
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Rapidly Expanding Fintech Industry Brings Unique Compliance Challenges To Mexico
Ana Sofía Ríos, Valentín Ibarra and Alejandra Pacheco
Chevez Ruiz Zamarripa
Andrew M Levine, Debevoise & Plimpton LLP
Andrew Levine is a litigation partner at Debevoise & Plimpton, based in New York, and a member of the firm’s white-collar and regulatory defence group. He serves as co-head of the firm’s Latin America practice and as a co-leader of its Environmental, Social and Governance (ESG) group. Mr Levine is well recognised in the region and elsewhere for defending companies and individuals in criminal, civil and regulatory enforcement matters and for conducting internal investigations. He serves as a trusted adviser to numerous leading global companies and has represented many clients on corruption-related matters in Latin America, including the Lava Jato, Zelotes, Carne Fraca and FIFA scandals. Mr Levine has led important representations in Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guatemala, Mexico, Peru, Uruguay and Venezuela, among other countries. In addition to an active defence and investigations practice, he frequently advises clients on a broad array of compliance and ESG matters, including conducting risk assessments, enhancing compliance programmes and mitigating risks presented by potential corporate transactions. His practice also encompasses complex litigation and other commercial disputes, often with an enforcement or investigative connection.
Mr Levine is ranked as one of the two top lawyers for corporate crime and investigations in Latin America by Chambers Latin America and as a leading lawyer for FCPA by Chambers USA. Clients in these directories have described him as ‘a massive name in the region for this kind of work’, ‘a leading expert in providing sophisticated compliance advice to large multinationals’ and ‘a reassuring presence in tumultuous times’ with ‘a very business-oriented way of finding and presenting solutions’. Mr Levine has also been praised as ‘an amazing lawyer who is extremely practical, to the point and very responsive’ and for possessing a ‘global view when representing clients’. The Legal 500 Latin America quotes one client who asserts: ‘Andrew Levine is a superstar. He has a wealth of experience and is passionate about his area of practice’.
In 2020, Latin Lawyer named Mr Levine as ‘International Lawyer of the Year’, based on ‘his profile in the market and the vast amount of work he has done to shape the development of anti-corruption and investigations work in Latin America’. Mr Levine actively advances the anti-corruption dialogue in Latin America, including as a thought leader in organising conferences and by publishing widely on related topics. Since 2013, he has co-chaired annually ‘Latin Lawyer and GIR Live Anti-Corruption & Investigations Brazil’ and, since 2019, the edition of this conference in Mexico.
Before joining Debevoise, Mr Levine served as deputy counsel to the Independent Inquiry Committee into the United Nations Oil-for-Food Programme. He received his JD from Yale Law School and his BA summa cum laude and Phi Beta Kappa from Yale College.
