April 21, 2017
08:30 AM Registration and breakfast
09:30 AM Opening Keynote Address
- Ministro LUÍS ROBERTO BARROSO, Brazilian Federal Supreme Court
10:00 AM Panel #1 - Effective Anti-Corruption Ethics and Compliance Programs
- Moderator: AMADEU CARVALHAES RIBEIRO, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, Partner
- FELIPE DANTAS DE ARAUJO, Walmart Brazil, Anti-corruption and Compliance Director
- CHRISTOPHER L. LAVIGNE, Shearman & Sterling LLP, Partner
- JENNIFER RODGERS, Center for the Advancement of Public Integrity at Columbia Law School (CAPI), Executive Director; Former Assistant U.S. Attorney for the Southern District of New York
- ELIZABETH VICENS, Cleary Gottlieb Steen & Hamilton LLP, Partner
11:15 AM Coffee Break
11:25 AM Panel #2 - Perspectives in Dispute Resolution - Litigation and Arbitration
- Moderator: LUIZ GUILHERME MIGLIORA, Veirano Advogados, Partner
- Ministro PAULO DE TARSO SANSEVERINO, Brazilian Superior Court of Justice
- LUCILA I. M. HEMMINGSEN, Kirkland & Ellis LLP, Partner
- DAVID LINDSEY, Chaffetz Lindsey LLP, Partner
- MAURICIO ALMEIDA PRADO, Arbitrator
12:40 PM Lunch Break
02:00 PM Panel #3 - Cross-Border M&A
- Moderator: HOWARD KLEINMAN, Dechert LLP, Partner
- SABINE CHALMERS, Anheuser-Busch InBev (ABI), Chief Legal Officer
- ADRIANA DAIUTO, Demarest Advogados, Partner
- PETER A. FURCI, Debevoise & Plimpton LLP, Partner
- PAULO VIEIRA, Vieira, Rezende, Barbosa e Guerreiro Advogados, Partner
03:15 PM Coffee Break
03:25 PM Panel #4 - Bankruptcy & Turnaround
- Moderator: EDWARD MORRISON, Columbia Law School, Professor of Law
- Judge ARTHUR J. GONZALEZ, Former Chief Judge of the United States Bankruptcy Court for the Southern District of New York
- FREDERICK KAHN, Metrica Investments, Partner
- RICHARD S. KEBRDLE, White & Case LLP, Partner
- MARCELO MESSER, Rothschild Inc., Managing Director
- BRUNO KURZWEIL DE OLIVEIRA, Thomaz Bastos, Waisberg, Kurzweil Advogados, Partner
04:40 PM Coffee Break
04:50 PM Panel #5 - Recent Developments in Capital Markets
- Moderator: MERRIT B. FOX, Columbia Law School, Professor of Law
- ELIANA AMBRÓSIO CHIMENTI, Machado, Meyer, Sendacz e Opice Advogados, Partner
- GUILHERME FERNANDES COOKE, Velloza & Girotto Advogados Associados, Partner
- ANDRE PITTA, B3 - Brasil, Bolsa, Balcão, Legal Associate Director (Regulatory Affairs)
- LYLE SCHWARTZ, Goldman Sachs, Managing Director (ECM Central and South America)
- DAVID CONTREIRAS TYLER, Hogan Lovells LLP, Counsel
06:05 PM Closing Keynote Address
- Ministro LUÍS ROBERTO BARROSO, Brazilian Federal Supreme Court
09:30 AM - Opening Keynote Address and 06:05 PM - Closing Keynote Address
Ministro LUÍS ROBERTO BARROSO
Brazilian Federal Supreme Court
Justice Luís Roberto Barroso graduated in Law from the State University of Rio de Janeiro in 1980 and received his LL.M. from Yale Law School in 1989. After receiving his LL.M., Justice Barroso was a Foreign Associate with the American law firm Arnold & Porter. He also holds a JSD degree from the State University of Rio de Janeiro (2008) and attended Harvard Law School’s Visiting Scholar program in 2011. Justice Barroso practiced as a private attorney in Brazil before being appointed to the Brazilian Federal Supreme Court in 2013.
10:00 AM - Panel #1 - Effective Anti-Corruption Ethics and Compliance Programs
AMADEU CARVALHAES RIBEIRO
Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, Partner
Amadeu Carvalhaes Ribeiro advises clients on complex antitrust and corporate integrity matters. His expertise includes merger review cases, government cartel and corruption investigations, and compliance counseling. He is a member of the board of directors and chair of the legal committee of the Brazilian-American Chamber of Commerce of New York, a member of the International Task Force and the Long Range Planning Committee of the American Bar Association – Antitrust Law Section, and a member of the Brazilian Institute for the Study of Competition, Consumer Affairs, and International Trade (IBRAC).
FELIPE DANTAS DE ARAUJO
Walmart Brazil, Anti-corruption and Compliance Director
Felipe Dantas has 16 years of professional experience in legal, investigative and compliance matters. Having worked in several governmental agencies, since 2015 Mr. Dantas migrated to the private sector, where he works at Walmart as the anti-corruption /FCPA compliance director for Brazil.
In the government sector, Mr. Dantas worked as a state police inspector, as a federal attorney, in the Office of the Comptroller-General of the Union, and as a commissioner in COAF – Council for Financial Activities Control, the federal government's financial intelligence unit and anti-money laundering regulatory agency.
In the Office of the Comptroller General of the Union, Mr. Dantas worked in the areas of corruption prevention, parliamentary advice and serving as a liaison officer to the Enccla — National Strategy Against Corruption and Money Laundering. He was a member of the working group of the Executive Branch responsible for drafting the Presidential Decree regulating the Act # 12.846/2013, the Brazilian Clean Company Act. He also collaborated with the research and design of legislation regarding the internalization of the anti-corruption international conventions joined by Brazil (UNCAC, OAS and OECD), and with the self-evaluation mechanisms of those conventions.
CHRISTOPHER L. LAVIGNE
Shearman & Sterling LLP, Partner
Christopher LaVigne is a partner in Shearman & Sterling LLP’s Litigation Group. Mr. LaVigne previously served as a federal prosecutor with the U.S. Attorney’s Office for the Southern District of New York from 2005-2013, where he was a member of the Securities and Commodities Fraud Task Force. Mr. LaVigne has extensive trial experience, having conducted multi-week, complex trials involving securities fraud, foreign corruption, terrorism, and international narcotics trafficking. Mr. LaVigne’s practice focuses on white collar criminal defense, internal investigations, and complex, commercial litigation matters. As a federal prosecutor and member of the SDNY’s Securities and Commodities Fraud Task Force, Chris prosecuted a wide array of securities fraud offenses. Mr. LaVigne also worked in the SDNY’s Terrorism and International Narcotics Unit, where he served as lead counsel in several of the Office’s highest profile international criminal prosecutions. In addition to his government service with the Department of Justice, Mr. LaVigne clerked for the Honorable Kevin Thomas Duffy, United States District Judge for the Southern District of New York, and worked as an associate at another New York law firm where he focused on white collar criminal defense and securities litigation.
Center for the Advancement of Public Integrity at Columbia Law School (CAPI), Executive Director; Former Assistant U.S. Attorney for the Southern District of New York
Jennifer Rodgers leverages her extensive experience in litigation and public corruption to lead and oversee the programmatic direction of CAPI. Prior to joining CAPI, Ms. Rodgers worked at the United States Attorney’s Office for the Southern District of New York. As an Assistant U.S. Attorney, Ms. Rodgers worked on a wide variety of federal criminal matters and conducted numerous jury trials, including in cases involving terrorism, organized crime, public corruption, and narcotics; she also briefed and argued nearly two dozen appeals before the Second Circuit Court of Appeals. Ms. Rodgers has also held numerous supervisory positions within the U.S. Attorney’s Office, including Deputy Chief Appellate Attorney, Chief of the Organized Crime Unit, and Chief of the General Crimes Unit. Prior to becoming a federal prosecutor, Ms. Rodgers was a litigation associate at Cravath, Swaine & Moore LLP, and worked as a law clerk for former federal district court judge Stanley A. Weigel of the Northern District of California. Ms. Rodgers received her law degree from the University of California, Berkeley (Boalt Hall) School of Law, and graduated cum laude with a bachelor's degree in history from the University of California, Los Angeles. She is also a Lecturer in Law at Columbia Law School.
Cleary Gottlieb Steen & Hamilton LLP, Partner
Lisa Vicens’ practice focuses on a broad spectrum of civil litigation and regulatory enforcement matters with a concentration in complex, cross-border issues.
Ms. Vicens’ notable enforcement experience includes representing, among others, Petrobras, PGF and current and former officers and directors in securities fraud class action litigation and 29 individual actions in the U.S. District Court for the Southern District of New York in connection with Operation Carwash — reportedly the largest corruption scandal in Latin American history; a Mexican construction company in connection with an investigation by the CNBV and potential FCPA investigation by the SEC; a Brazilian company in an independent investigation and representation before U.S. authorities relating to potential FCPA allegations in connection with Operation Carwash; Bank of America Merrill Lynch in numerous ongoing individual securities actions filed across the country in connection with the issuance and underwriting of mortgage-backed securities; CARBO Ceramics in a federal securities class action litigation in securing dismissal of the complaint; Overseas Shipholding Group (OSG) in civil class action litigation and SEC enforcement matters involving international tax issues; and Crédit Agricole group in litigation arising from the Madoff Ponzi scheme.
Ms. Vicens has also advised on a number of governmental and internal investigations, including for leading financial institutions, and on a number of federal securities class action lawsuits, including representing IMAX Corporation in SEC and Ontario Securities Commission investigations into alleged accounting fraud.
Ms. Vicens served as a law clerk to the Honorable Kenneth Karas of the U.S. District Court for the Southern District of New York from 2008–2009. She received a J.D. from New York University School of Law, a M.A. from Georgetown University and a B.S. from Georgetown University. She joined Cleary Gottlieb Steen & Hamilton LLP in 2005 and became a partner in 2015.
11:25 AM - Panel #2 - Perspectives in Dispute Resolution - Litigation and Arbitration
LUIZ GUILHERME MIGLIORA
Veirano Advogados, Partner
Luiz Guilherme Migliora is a senior partner of Veirano Advogado’s Litigation Practice Group. He focuses his practice on managing complex litigation in product liability, civil and labor matters. He has represented one of the world’s largest tobacco companies for several years and has acquired prominence and deep expertise in the area of consumer products litigation. Clients value Mr. Migliora’s comprehension of the Brazilian legal system and routinely retain him for advice on complicated and strategic issues. He offers clients the unique combination of extensive real-world experience in litigation and advice and counsel with unprecedented academic knowledge gleaned from over a decade of teaching Labor Law in Brazil’s top educational institutions.
Ministro PAULO DE TARSO SANSEVERINO
Brazilian Superior Court of Justice
Ministro Paulo de Tarso Vieira Sanseverino is a Justice at the Brazilian Superior Court of Justice since 2010. Previoulsy, Justice Sanseverino was an Appeals Court Judge at Tribunal de Justiça do Estado do Rio Grande do Sul (from 1999 to 2010), Judge of Law in the Estado do Rio Grande do Sul (from 1986 to 1999), Judge Inspector (from 1992 to 1995), Judge at Segunda Zona Eleitoral de Porto Alegre (from 1998 to 1999) and Public Prosecutor in the Estado do Rio Grande do Sul (from 1984 to 1986).
Justice Sanseverino was a Civil Law Professor at Faculdade de Direito da Pontifícia Universidade Católica do Rio Grande do Sul (from 1995 to 2010) and at Escola Superior da Magistratura do Estado do Rio Grande do Sul (Ajuris) (from 1994 to 2010) and is currently a lecturer at post-graduate programs.
Justice Sanseverino holds a Doctorate (2007) and a Master (2000) degree from Universidade Federal do Rio Grande do Sul and holds a J.D. equivalent degree (1983) from Pontifícia Universidade Católica do Rio Grande do Sul.
LUCILA I. M. HEMMINGSEN
Kirkland & Ellis LLP, Partner
Lucila I. M. Hemmingsen is a partner in the international arbitration practice of Kirkland & Ellis LLP. Her practice focuses on international commercial and investment arbitration, with a particular emphasis in Latin America, involving disputes related to Brazil and handled in Portuguese. She has experience advising and representing private clients and states in disputes governed by various substantive laws and conducted under the rules of the ICC, LCIA, AAA/ICDR, SCC, NAI, ICSID and UNCITRAL, and involving bilateral investment treaties, complex construction projects, mining ventures, oil & gas, contractual disputes, the retail sector, financial transactions and commodities, real estate, international trade and distribution agreements.
Before joining Kirkland & Ellis, Ms. Hemmingsen practiced with Debevoise & Plimpton’s International Dispute Resolution Group in New York and, with in DLA Piper New York’s litigation and international arbitration department and, prior to that, with Marval, O’Farrell & Mairal’s litigation and international arbitration department, in Buenos Aires, Argentina. Ms. Hemmingsen earned her J.D. from Universidad Torcuato di Tella in 2002 in Buenos Aires and an LL.M, with distinction, from University of Pennsylvania Law School in 2012.
Chaffetz Lindsey LLP, Partner
David Lindsey is a founding partner at Chaffetz Lindsey LLP, a boutique international arbitration and commercial litigation firm in Manhattan providing specialist advice for complex international commercial disputes. Mr. Lindsey's legal career has focused on cross-border commercial disputes tried before international arbitration tribunals and U.S. courts, with particular emphasis on Latin America in various markets including power/energy projects, licensing, pharmaceuticals, distributorships, joint ventures, and post-M&A. He acts both as counsel and as arbitrator. Mr. Lindsey is experienced in public international law representing private investors against sovereigns. He has also represented sovereign instrumentalities in U.S. court proceedings regarding central bank immunity and the terrorism exception under the Foreign Sovereign Immunities Act. He recently successfully represented the Islamic Republic of Iran against the United States before the full nine-member Iran-U.S. Claims Tribunal in The Hague regarding U.S. breaches of the Algiers Accords with money damages awarded to Iran. Since the start of the Lava Jato corruption investigation, Mr. Lindsey has been representing Brazilian construction firms against Brazil’s state-owned oil & gas company regarding the construction of large ships and platforms used to exploit oil reserves off the Brazilian coast.
MAURICIO ALMEIDA PRADO
Mr. Mauricio Almeida Prado is an arbitrator in Brazil and partner of L.O. Baptista Advogados. For more than 25 years, he has represented companies in complex M&A, project finance and international contracts. For this reason, he has a wide experience in (domestic and international) arbitration, both representing companies and performing as an arbitrator, in corporate, contractual and construction disputes. He also participates in executive boards of both listed companies at B3 - Brasil, Bolsa e Balcão, as well as in audit boards.
Mr. Almeida Prado received his PhD in International Law from Université de Paris X – Nanterre (2001), where he also got his Master II in International Trade, in 1996. Graduated in 1991 from the University of São Paulo, where he got a LLM in 1995. He was a Visiting Scholar at the International Institute for the Unification of Private Law - Unidroit, 1997, and at the Université de Paris II – Panthéon Assas, in 2009 and 2010. He is currently a visiting researcher at Columbia University.
Mr. Almeida Prado is an associated member of the Institute of World Business Law, the ICC Commission on Arbitration (ADRs), and the ICC Commission on Commercial Law and Practice. He is also a member of the Société de Législation Comparé (Paris), and of the Working Group of International Contracts, Erasmus University, Rotterdam.
02:00 PM - Panel #3 - Cross-Border M&A
Dechert LLP, Partner
Howard Kleinman, a partner in Dechert’s corporate and securities group, focuses his practice on capital markets and financial transactions. He represents domestic and foreign issuers, underwriters, and others in equity and debt offerings. His experience includes U.S. registered public offerings and offerings under Rule 144A private placements, offerings outside of the U.S. under Regulation S, exchange offers, debt tenders, and consent solicitations. In addition, he counsels both U.S. and non-U.S. issuers on ongoing disclosure obligations under the U.S. federal securities law and corporate governance matters. Mr. Kleinman also advises clients on mergers and acquisitions and joint ventures.
Anheuser-Busch InBev (ABI), Chief Legal Officer
Sabine Chalmers is the Chief Legal Officer and Secretary to the Board of Directors of Anheuser-Busch InBev (ABI), the leading global brewer and one of the world’s top five consumer products companies. The company employs more than 180,000 employees and its portfolio of over 400 beers includes global brands Budweiser®, Corona® and Stella Artois®. ABI is a publicly traded company (Euronext: ABI) based in Leuven, Belgium, with American Depositary Receipts on the New York Stock Exchange (NYSE: BUD).
In her role Ms. Chalmers has lead the teams responsible for the ABI’s legal affairs, compliance program, media relations, government affairs and corporate social responsibility initiatives. She is a US citizen of German and Indian origin and holds an LL.B. from the London School of Economics. She is qualified as a solicitor in England and is a member of the New York State Bar.
Ms. Chalmers joined ABI in 2005 after over 12 years with Diageo plc where she held a number of senior legal positions in various geographies across Europe, the Americas and Asia including as General Counsel of the Latin American and North American businesses. Prior to Diageo, she was an associate at the law firm of Lovells in London, specializing in mergers and acquisitions.
Demarest Advogados, Partner
Senior Partner at the law firm Demarest Advogados, Adriana Daiuto's practice focuses on real estate, M&A and commercial contracts, including creation of joint ventures intending to invest in real estate projects, land parceling, timber deals and transactions such as leases and built-to-suit agreements. Ms. Daiuto is the head of Demarest’s New York branch. She has graduated from the Universidade de São Paulo - USP Law School (LLB 1993), holds specializations in Civil Procedure Law from Centro de Extensão Universitária (1994/1995) and in Corporate Law by GVLaw, Fundação Getúlio Vargas (2002).
PETER A. FURCI
Debevoise & Plimpton LLP, Partner
Peter Furci is a broad-gauge tax lawyer who serves as co-chair of Debevoise’s global tax practice. He specializes in M&A, investment fund formation and general corporate transactions. A frequent writer and speaker on tax and private equity topics, Mr. Furci is an adjunct professor of tax law at New York University Law School and serves on the Executive Committee of the New York State Bar Association Tax Section. His practice has a heavy international dimension, often helped by the fact that Peter is proficient in Portuguese, Spanish and Italian. Mr. Furci joined Debevoise in 1995 and became a partner in 2003. He has a B.A. cum laude from Dartmouth College and a J.D. magna cum laude from New York University, where he was a member of the Order of the Coif and the Tax Law Review. He received his LL.M. in Taxation from New York University in 1999.
Vieira, Rezende, Barbosa e Guerreiro Advogados, Partner
Paulo Vieira is known for his ability as a negotiator and strategist in transactions involving the acquisition and sale of companies. In addition to having taught commercial law, Mr. Vieira was part of a number of pioneering transactions in his area. He is also active as an arbiter and mediator, possessing a great deal of business knowledge. He was professor of Banking and Commercial Law at the Faculdade de Direito da Pontifícia Universidade Católica do Rio de Janeiro (1995/2005).
He holds a bachelor’s degree in law from the Faculdade de Direito da Pontifícia Universidade Católica do Rio de Janeiro and a Master’s in law from the Cambridge University Law School, England.
03:25 PM - Panel #4 - Bankruptcy & Turnaround
Columbia Law School, Professor of Law
Edward R. Morrison is the Charles Evans Gerber Professor of Law at Columbia Law School. He is an expert in bankruptcy law and law and economics, including the causes and consequences of insolvency, both consumer and corporate. Prof. Morrison is co-director of the Richard Paul Richman Center for Business, Law, and Public Policy, a joint venture of Columbia’s Law and Business Schools. He is also an editor of the Journal of Legal Studies and a conferee of the National Bankruptcy Conference. He recently served as a director of the American Law & Economics Association, member of the Supreme Court’s Advisory Committee on Bankruptcy Rules, and associate editor of the American Law & Economics Review. Prof. Morrison was the Harvey R. Miller Professor of Law and Economics at the Law School from 2009 to 2012; and the Paul H. and Theo Leffmann Professor of Commercial Law at the University of Chicago Law School from 2013 to 2014. Before working in academia, Prof. Morrison clerked for Justice Antonin Scalia of the Supreme Court and Judge Richard A. Posner of the 7th U.S. Circuit Court of Appeals.
Judge ARTHUR J. GONZALEZ
Former Chief Judge of the United States Bankruptcy Court for the Southern District of New York
Judge Gonzalez received an undergraduate degree in accounting from Fordham University and a master’s degree in education from Brooklyn College in 1974. He received a J.D. from Fordham University School of Law in 1982. He also received an LL.M. in taxation from New York University School of Law in 1990. Judge Gonzalez was a staff attorney in the Office of Chief Counsel of the Internal Revenue Service and earned the Chief Counsel’s Special Achievement Award for three consecutive years. Thereafter, he entered private practice. Judge Gonzalez was appointed Assistant United States Trustee for the Southern District of New York in 1991 and served in that position until his appointment as United States Trustee for Region 2 (Second Circuit) in 1993. He served in that position until his appointment to the United States Bankruptcy Court for the Southern District of New York in 1995 to a fourteen-year term. In 2009 he was appointed to another fourteen-year term and in 2010 was appointed Chief Judge. During his tenure Judge Gonzalez presided over many large complex corporate reorganizations, including Enron, WorldCom and Chrysler cases.
Following his retirement, Judge Gonzalez was appointed to the New York State Supreme Court Appellate Division, First Department, Character and Fitness Committee. As well, in 2012 he was appointed by the United States Bankruptcy Court for the Southern District of New York as Examiner in the ResCap case. Further, in 2016 Judge Gonzalez was appointed by President Obama to the Financial Oversight and Management Board for Puerto Rico established under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
Prior to beginning his law career, Judge Gonzalez was a teacher in the New York City School System for 13 years.
Metrica Investments, Partner
Frederick Kahn has led a diverse range of complex investment banking assignments in Latin America including private equity raises, structured debt financings, management buyouts, corporate divestitures and asset disposals. He has advised corporations, institutional investors and family offices on transactions in a variety of industries, such as TMT, Logistics, Oil & Gas, Power, Industrial Services, EPC, Retail, Pharma and Real Estate.
In addition, Mr. Kahn has assisted companies and creditors with in-court and out-of-court restructurings. Recent assignments include NII Holdings, Schahin II, Odebrecht Oil & Gas, Gol Airlines, and Samarco, in association with Houlihan Lokey. Other representative transactions include: OAS, GVT, Intelig, AOL Latin America, Maxcom, Comsat International, Comanche Clean Energy and BRA Transportes.
Mr. Kahn began his career at J.P. Morgan in the TMT Investment Banking Group and worked at UBS, covering the Oil & Gas sector in the Latin American Equity Research Group, where he earned market recognition as a member of a top ranked team. Prior to Metrica, he was a partner at Cicerone, an investment bank focused on Latin America.
Mr. Kahn is a graduate of the University of Michigan and has lived in the United States, Brazil, Hong Kong and Switzerland. He currently serves on the Board of Alta Rail Technology, a Brazil based, private equity backed supplier of train control and railway performance management technologies, that he helped launch in 2013.
RICHARD S. KEBRDLE
White & Case LLP, Partner
Richard S. Kebrdle is a partner in White & Case LLP's Financial Restructuring and Insolvency Group. Mr. Kebrdle represents debtors and creditors in a variety of restructuring matters, including Chapter 11 cases and cross-border matters. Working with teams of lawyers across the US, as well as the Firm's international offices, he advises creditors and distressed investors in their efforts to protect and maximize recoveries and assists distressed companies in the reorganizations of their capital structures.
Mr. Kebrdle's recent Chapter 11 representations include, among others, the Revel Casino in its Chapter 11 case, Major League Baseball in the Los Angeles Dodgers Chapter 11 case, and Russian Standard in its acquisition of Central European Distribution Corporation through a prepackaged Chapter 11 plan. Other notable representations include his work for the parent level noteholders in the Six Flags Chapter 11 case, holders of first-lien secured debt in the Chrysler Chapter 11 case, and the Arahova Noteholders in the Adelphia Chapter 11 case.
Mr. Kebrdle also has significant experience in international and cross-border restructuring matters, advising, among others, the ongoing restructurings of OAS S.A. (a Brazilian-based construction company), Aralco S.A. (a Brazilian sugar and ethanol producer), and Sifco S.A. (a Brazilian auto parts manufacturer), as well as New World Resources (a UK-based coal producer) in its successful Chapter 15 case, Rede Energia S.A. (a Brazilian power producer), in its successful Chapter 15 case, TORM (a Danish shipping company) in its successful out-of-court restructuring, and the Ad Hoc Bondholder Group in Elpida Memory's Chapter 15 case.
Rothschild Inc., Managing Director
Marcelo Messer is a Managing Director in the Restructuring & Debt Advisory Group at Rothschild Inc., where he advises companies, creditors and other stakeholders on in-court and out-of-court restructurings. Marcelo's experience advising on Brazilian restructurings includes Samarco, OGX and Mirabela Nickel, among others.
Mr. Messer has an M.B.A. from Stanford University and a B.A. in Economics from Yale University. He is a native Brazilian.
BRUNO KURZWEIL DE OLIVEIRA
Thomaz Bastos, Waisberg, Kurzweil Advogados, Parter
Bruno Kurzweil de Oliveira has extensive experience in complex restructuring cases and has advised debtors, creditors and investors in the most important insolvency-related cases in Brazil. His practices comprise also litigation and arbitration.
Since the enactment of the Brazilian Bankruptcy Law in 2005, Mr. Kurzweil de Oliveira has participated and coordinated more than 40 restructuring cases, starting his career with the Parmalat restructuring in Brazil. Mr. Kurzweil de Oliveira has experience with insolvency related issues both in-court and out-of-court and acts in dispute resolution. He also had contact and coordinate filings of ancillary proceedings abroad (Chapter 15).
His work in restructuring is acknowledged by various legal directories, as Mr. Kurzweil de Oliveira was mentioned a couple of times as the member of the team that received awards, such as the Deal of the Year (Latin Lawyer). He acts in many cases involving clients who belong to the construction, energy and agribusiness sectors. Among his main clients in this practice area are OAS Group, Schahin Group, Aralco and Arantes.
04:50 PM - Panel #5 - Recent Developments in Capital Markets
MERRITT B. FOX
Columbia Law School, Professor of Law
Merritt B. Fox is Michael E. Patterson Professor of Law and the NASDAQ Professor for the Law and Economics of Capital Markets at Columbia Law School. He is co-director of the Center for Law and Economic Studies and co-director of the Program in the Law and Economics of Capital Markets. Prof. Fox teaches international securities regulation, securities regulation, corporate finance, and capital markets regulation at Columbia Law School, which he joined as a faculty member in 2003. Prior to entering teaching, he practiced law with Cleary, Gottlieb, Steen & Hamilton. One of his areas of practice was international lending to Latin America, which led him to spend time in Brazil. His academic interests include corporate and securities law, capital markets regulation, law and economics, international securities regulation, and comparative corporate law. Prof. Fox practiced law with the New York City firm of Cleary, Gottlieb, Steen & Hamilton and taught at Yale University, Fordham Law School, and Indiana University Law School in Bloomington. In addition to earning a Ph.D. at Yale, Prof. Fox also has a J.D. from Yale Law School and is a graduate of Yale College.
ELIANA AMBRÓSIO CHIMENTI
Machado, Meyer, Sendacz e Opice Advogados, Partner
Eliana Ambrósio Chimenti is an expert in capital markets transactions, including public offerings of shares, public offerings of debt securities (debentures, commercial papers, bonds, notes), tender offers (OPAs) and special auctions in stock exchanges (block trades). Her work has emphasis in publicly-held companies, including corporate restructurings and merger and acquisitions involving publicly-held companies. She also works with matters related to the CVM regulation, such as publicly-held companies’ registration as publicly held company, drafting of reference forms and materials for meetings, and administrative sanctioning proceedings. She has previous experience in the areas of knowledge of aviation, telephony, metals, oil and gas, mining, energy, pharmaceutical, cement, sanitation, retail and malls’ developers and managers.
Ms. Chimenti was ranked by Chambers Global as tier 1 in Capital Markets. Mentioned as expert in capital markets in the latest editions of Women in Business, as well as in the latest editions of Who’s Who Legal and Legal 500. Recognized among the most admired attorneys in Corporate Law by the latest editions of Análise Advocacia 500 and named as Best Corporate Lawyer in Latin America by Euromoney in 2013.
Ms. Chimenti worked on many awarded transactions in recent years: acquisition of GVT by Telefônica Brasil, awarded in 2015 by The American Lawyer on the “Global M&A Deal of the Year: Latin America” category, Public Offering of Telefônica Brasil stocks, also awarded in 2015 as “Equity follow-on of the Year”, by Latin Finance. In 2014, worked on extrajudicial recovery of Lupatech S.A., winner of the Latin Finance Deal of the Year 2014 in “Reestructuring of the Year” category and in 2013 the Merger of LAN and TAM, winner of the Deal of the Year 2013 promoted by Latin Lawyer, in “Global M&A Deal of the Year” category.
GUILHERME FERNANDES COOKE
Velloza & Girotto Advogados Associados, Partner
Guilherme Fernandes Cooke is a partner of the firm and head of the Capital Markets and Compliance practices of Velloza & Girotto Advogados since March 2015. Mr. Cooke has a long and deep experience in the Brazilian capital markets, with a notable expertise in the investment funds´ industry, as well as in onshore and offshore wealth management structure for Brazilian families. Before joining the firm, Mr. Cooke spent more than 11 years as in house counsel and compliance officer of relevant Brazilian asset/wealth managers. Between 2004 and 2009, Mr. Cooke performed these activities at Arsenal Investimentos, formerly known as BPW Wealth Management, a company founded by Roger Ian Wright and focused on wealth management for ultra high net worth individuals. In the end of 2009, Mr. Cooke joined Vinci Partners, being the responsible for all the regulatory matters of the group towards CVM, ANBIMA, BACEN and SEC, as well as for the legal development and maintenance of all of the group’s financial products. Mr. Cooke also occupied the position of statutory general counsel of Vinci Partners DTVM, from where he departed to join the firm. A constant lecturer in several relevant events of the Brazilian capital markets, Mr. Cooke had an active role at ANBIMA and its’ discussions with CVM in the regulatory reform of the Brazilian investment funds’ industry which started on 2012. Mr. Cooke holds a Bachelor Degree in Law from Universidade Presbiteriana Mackenzie (2004). Mr. Cooke attended, without completing, CEABE, an economy specialization course from the Economy School from FGV/SP (2006), the Capital Markets Law (2008) and Corporate Law (2010) LLMs from Insper SP and a Specialization in Journalism at Fundação Cásper Líbero (2015).
B3 - Brasil, Bolsa, Balcão, Legal Associate Director (Regulatory Affairs)
Andre Pitta is currently Legal Associate Director of Regulatory Affairs at B3 - Brasil, Bolsa, Balcão (previoulsy BM&FBOVESPA), acting in rule making and legal and regulatory affairs related to trading, post-trading, listing, and corporate governance, as well product development initiatives for the Brazilian securities and derivative markets.
Previously, he was an Issuer Regulation Specialist at the Issuer Regulations Department of BM&FBOVESPA, the department in charge of companies and investment funds regulation and surveillance. He has also worked as associate in law firms in São Paulo, in corporate law, M&A and securities regulation.
Mr. Pitta holds a Master (2013) degree in commercial law and a J.D. equivalent degree (2007), all from the Law School of the University of São Paulo. He is currently a Doctorate candidate in commercial law, also from the Law School of the University of São Paulo. Mr. Pitta is admitted to the Bar Association in São Paulo. He is also the Vice-President of the Applied Corporate Law Institute (Instituto de Direito Societário Aplicado - Brasil).
Goldman Sachs, Managing Director (ECM Central and South America)
Lyle Schwartz is head of Equity Capital Markets (ECM) for Latin America. Previously, he was head of Growth Markets ECM for Europe, Middle East and Africa (EMEA), with responsibility for Emerging Markets in the EMEA region. He joined Goldman Sachs in 2000 as an analyst on the ECM desk in Hong Kong. While in Asia, Mr. Schwartz also spent six months helping launch the ECM business in Australia. Following his time in Asia and prior to moving to London in 2008, Mr. Schwartz spent five years in New York working in the Americas ECM business across several sectors, including acting as the US ECM business unit manager. He was named managing director in 2013.
Mr. Schwartz earned a Bachelor of Business Administration and a Bachelor of Arts in Political Economy from York University, Canada, in 2000.
DAVID CONTREIRAS TYLER
Hogan Lovells LLP, Counsel
David Contreiras Tyler is a Counsel in the New York office of Hogan Lovells LLP. Mr. Tyler has extensive experience in representing issuers, underwriters, arrangers, investors and placement agents with respect to public and private offerings of debt securities. He provides representation on U.S. and cross-border capital markets transactions, with a particular emphasis on transactions originating in Brazil. Mr. Tyler has advised issuers of sovereign debt into the international capital markets in offerings registered in the U.S. and Europe. He has also advised Latin American, European, U.S. and Asian acquirers and investors in asset sales, strategic investments and merger transactions. Mr. Tyler is a dual citizen of Brazil and the United States. He received a J.D. from Boston University School of Law and a B.A. from the University of Virginia.
This program is subject to changes without prior notice; other bios are soon to be released.