The Guide to Corporate Crisis Management - 1st Edition

The Guide to Corporate Crisis Management - 1st Edition

Pages: 189

ISBN: 978-1-910813-98-0



  • £175.00

Corruption investigations, expropriation, industrial accidents: corporate crises take many forms, but each can be equally dangerous for companies in Latin America.

Published by Latin Lawyer, edited by Sergio J Galvis, Robert J Giuffra, Jr and Werner F Ahlers of Sullivan & Cromwell LLP, and containing the knowledge and experience of 40 leading practitioners from a variety of disciplines, The Guide to Corporate Crisis Management is designed to assist key corporate decision-makers and their advisers in effectively planning for and managing corporate crises in the region. Covering the impact of political instability, the role of communications in crisis response, approaches to bribery investigations and game plans in response to financial stress, this book provides guidance that will benefit all practitioners when an unexpected crisis hits.

Introduction

Part I: Government Relations and Political Risks

  • Fire Marshals, Not Firefighters: A Different Approach to Crisis Management in Latin America
    • Thomas F McLarty III, McLarty Associates
  • Dealing with the Challenges of Political Violence and Crime in Latin America
    • Jack Devine and Amanda Mattingly, The Arkin Group LLC
  • Navigating a Corporate Crisis: Managing the Risks of Downsizing in Venezuela
    • Fulvio Italiani and Carlos Omaña, D’Empaire Reyna Abogados

Part II: Public Relations in a Crisis

  • Singing from the Same Song Sheet: How Collaboration Between Legal and Communications Can Mitigate a Crisis
    • Paul A Holmes and Eric M Wachter, Finsbury
  • Mining Projects in Peru: Community Relations, Indigenous Rights and the Search for Sustainability
    • Luis Carlos Rodrigo Prado, Rodrigo, Elías & Medrano Abogados
  • Data Privacy and Cybersecurity: Crisis Avoidance and Management Strategies
    • Jeremy Feigelson, Andrew M Levine, Christopher Ford, Joshua Smith and Stephanie Cipolla, Debevoise & Plimpton LLP

Part III: Anti-Corruption and Government Investigations

  • Anti-Corruption in Latin America
    • James M Koukios, Ruti Smithline, Gerardo Gomez Galvis and Julian N Radzinschi, Morrison & Foerster LLP
  • Roundtable: Lava Jato and Its Impact on Investigations in Latin America
    • Breon Peace, Cleary Gottlieb Steen & Hamilton LLP
    • Geert Aalbers, Control Risks
    • Isabel Franco, KLA-Koury Lopes Advogados
    • Augusto Loli, Rebaza, Alcázar & De Las Casas
    • Pierpaolo Cruz Bottini, Bottini & Tamasauskas Advogados
    • Sergio Galvis, Sullivan & Cromwell LLP
    • Clare Bolton, Latin Lawyer ​
  • Representing Individual Executives in Latin America
    • Mauricio A España, Hector Gonzalez, Andrew J Levander, Mariel Bronen, Emlyn Mandel and Yando Peralta, Dechert LLP
  • Challenges in Conducting Internal Investigations from a Chief Legal Officer’s Perspective
    • Daniel Sibille, Oracle do Brasil

Part IV: Securities and Regulatory Actions and Litigations

  • Dealing with a Hostile Administrative State: The Argentine Case
    • Héctor A Mairal, Marval, O’Farrell & Mairal
  • Securities Litigation After a Crisis: What Latin American Companies Can Expect in a US Court Proceeding
    • Brendan P Cullen and Thomas W Walsh, Sullivan & Cromwell LLP
  • Cross-Border Transfer Pricing Investigations and Proceedings
    • José Luis Fernández Fernández and César De la Parra Bello, Chevez Ruiz Zamarripa

Part V: Restructuring and Insolvency

  • United States Bankruptcy Proceedings for Latin American Corporates
    • Andrew Dietderich and Daniel Biller, Sullivan & Cromwell LLP
  • Financial Distress: An Action Plan from a Mexican Legal Perspective
    • Eugenio Sepúlveda, Galicia Abogados

Sergio Galvis

Sergio Galvis is a leading corporate lawyer in the United States who is known for his cross-border work, especially in Latin America. He joined Sullivan & Cromwell after graduating from Harvard Law School and clerking for the Hon. Lawrence W. Pierce, Second Circuit U.S. Court of Appeals, and has been a partner of the Firm since 1991. He is a member of S&Cʼs Management Committee, oversees the Firm’s recruiting and administrative functions and leads its Latin America practice.

Sergio has worked with clients across more than 25 countries in Asia, Europe and the Americas on hundreds of significant matters in a broad range of practices, including crisis management, criminal defense and investigations, workouts and restructurings, corporate governance, sovereign financing, capital markets, M&A and project financing. He also regularly works on OFAC compliance and sanctions issues, especially as they relate to in Latin America situations.

Werner Federico

Werner Federico Ahlers is a partner in Sullivan & Cromwell’s General Practice Group whose practice focuses on a wide range of cross-border mergers and acquisitions, joint ventures, private equity transactions and corporate matters. Werner advises on a variety of corporate, project and restructuring financing matters, and in the areas of corporate governance and crisis management. He is a core member of the Firm’s Latin America practice, and regularly acts on equity and debt investments for strategic investors based in and outside the region, private equity, pension and sovereign wealth funds, and bank and multi-lateral agency lenders. His practice spans diverse sectors, including mining and metals, power and energy, real estate, infrastructure, telecommunications, healthcare and financial services.

Werner has been repeatedly recognized for his cross-border advisory work by leading legal publications, such as Chambers (Global and Latin America), Latin Lawyer, Law360, The M&A Advisor, The American Lawyer and The Legal 500 (Latin America and US). Werner serves on the Executive Sub-Committee and as chair of the Latin America Sub-Committee of the Cyrus R. Vance Center for International Justice and as a term member of the Council on Foreign Relations. He is a native speaker of Spanish and is proficient in Portuguese.

Robert J Giuffra, Jr

Robert J Giuffra, Jr is recognised as one of the leading litigators in the US. He is a member of Sullivan & Cromwell LLP’s management committee, responsible for the litigation practice.

A fellow of the American College of Trial Lawyers, Mr Giuffra has represented Fortune 500 companies in some of the highest-stakes litigations and investigations of the past two decades, including those arising from the financial crisis, Enron bankruptcy and HealthSouth accounting fraud. He is currently US national coordinating counsel for Volkswagen in diesel emissions litigations and investigations and helped secure landmark US regulatory and consumer settlements. He also represents Fiat Chrysler in US litigation and investigations over diesel emissions. He has represented leading Latin American companies, including Tenaris in securing the first SEC deferred prosecution agreement and Grupo Mexico in Delaware derivative litigation. He has won precedent-setting US court decisions, including limiting the extraterritorial application of US securities laws.

A graduate of Princeton and Yale Law School, Mr Giuffra clerked for Chief Justice William Rehnquist of the US Supreme Court and for Judge Ralph Winter of the Second Circuit. As Chief Counsel of the US Senate Banking Committee, he was a principal drafter of the Private Securities Litigation Reform Act.


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