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Gustavo Morales Oliver


VI Edition of the "Marval Annual Summit on Compliance, Anti-Corruption and Investigations" - Rodolfo Papa interviews Gustavo Morales  

Next Thursday, June 8, the sixth edition of the "Marval Annual Summit on Compliance, Anti-Corruption and Investigations" will take place in Buenos Aires and virtually, organized by Marval, O’Farrell Mairal since 2018. Due to its reputation and excellence of exhibitors and contents, it has become a leading event on the treatment of "compliance" in Latin America, where local and international references in the field will share their experience and knowledge regarding challenges, developments and trends for this year on this subject.

The topics that will be discussed in various panels throughout the day include, but are not limited to, the following: anti-corruption enforcement; integrity programs; internal investigations; public procurement; best practices on how to react to cyber-attacks; artificial intelligence and technology with impact on compliance; use of e-mails, WhatsApp and access to other communication tools (and sources) in the framework of internal investigations; the impact of the scourge of corruption in everyday life; recovery of illicit funds through sanctions imposed for corrupt practices; and an analysis of the sanctions regime imposed by multilateral development banks, among other topics.

The event will be held between 9 am and 6 pm (local time in Argentina), on June 8, in a "hybrid" format, both in person, in the auditorium of the offices of Marval, O’Farrell & Mairal, in Leandro N. Alem 882, Ciudad Autónoma de Buenos Aires, and in remote format, through live streaming via Linkedin.  

The agenda of this new edition of the conference includes the participation of world-class experts representing leading law firms and corporations, multilateral development banks, NGOs, international forensic services consulting firms, and government regulatory agencies, among others.

Speakers will provide their respective analysis and insights based on their experiences and professional work in Argentina, Germany, Brazil, the United States, Mexico, Colombia, Chile and the United Kingdom, among other jurisdictions.

The conference will be led by partner Gustavo Morales Oliver, head of the Compliance, Anti-Corruption and Investigations Department of Marval, O’Farrell & Mairal.

Gustavo has been a member of the firm since 2006, and leads the Compliance, Anti-Corruption and Investigations practice. He also has extensive experience in corporate matters, M&A transactions, litigation and cross-border matters. He graduated as a lawyer from Torcuato Di Tella University School of Law in 2001. Later, he obtained a Finance Specialist degree from Universidad de San Andrés (2009) and a Master of Laws (LL. M.) from the University of Illinois College of Law (2010). He is a member of the Bar Association of the City of Buenos Aires, and is also admitted to the New York State Bar.

He has been recognized by Chambers Global, Chambers Latin America, Legal 500 and Who’s Who Legal as a leading practitioner in his practice area. He is co-director and co-author of the Treatise on Compliance published by Thomson Reuters, former president of the Compliance Committee of the Bar Association of the City of Buenos Aires, and director of the Advanced Program in Compliance, Anticorruption and Investigations of the Universidad Torcuato di Tella. He has published articles in the most prestigious local and international publications, and is a frequent speaker at leading universities, conferences, courses and certifications in Latin America, the United States and Europe.

Before joining Marval, O’Farrell & Mairal, he was in-house counsel in the public and private sectors. He also has experience as a foreign lawyer at the law firm Yuasa and Hara, in Tokyo, Japan.

LATIN COUNSEL, which participates as one of the international media sponsors of this conference, and through its permanent correspondent in Argentina, corporate lawyer, author and international trainer in M&A transactions, Rodolfo G. Papa, has had the opportunity to interview Gustavo Morales Oliver, in view of the imminence of the celebration of its sixth edition, so that Gustavo could share with us his comments and vision regarding what will be the "latest generation" topics to be discussed during the event, what is the current situation of corporate compliance in the region, what are the main tasks developed during the conference, what is the current situation of the "corporate compliance" in the region, what are the main tasks developed during the conference, and what is the current situation of the "corporate compliance" in the region, what are the main tasks carried out by the Compliance, Anti-Corruption and Investigations Department he leads, and how he articulates his performance together with the other legal areas of the firm, especially during the substantiation of internal investigations, and finally, he will make some reflections on the celebration of the first one hundred years of life of Marval, O’Farrell & Mairal.

Below, we transcribe the interview conducted by LATIN COUNSEL. 

LATIN COUNSEL: Next June 8, the sixth edition of the "Marval Annual Summit on Compliance, Anti-Corruption and Investigations" will be held, which has become a "classic" on the treatment and approach of the new trends on "corporate compliance", for specialists and referents in this subject, not only in Argentina, but also in Latin America. Could you share with us some of the proposals to be presented in this new edition?  

Gustavo Morales Oliver: Every year we try to ensure that the contents to be discussed during the conference are as topical as possible, and if possible, to renew them, based on what we see in practice, advising local and foreign clients.
Of course, some "classic" topics will be maintained, for example, those related to the design and implementation of internal compliance policies and procedures (from a global approach), those related to certain aspects in the handling of internal investigations, and "anti-corruption" enforcement in the region, among others.
But we will also address issues that could be described as novel and "state-of-the-art", such as how to generate adequate responses to "cyber-attacks", the impact of compliance programs, in the event that they could be reported to a competent judicial or administrative authority, and in the substantiation of internal investigations, whose findings and conclusions would allow companies to adopt well-founded decisions.   
On this occasion, we will have a special panel on the sanctions regime of multilateral credit institutions, and also a panel on artificial intelligence and technology, and its impact on compliance.
These are some of the highlights of this year’s edition, as a novelty compared to previous editions.

LATIN COUNSEL: Could you mention some of the exhibitors and compliance leaders, both local and foreign, who will participate in this new edition of the Marval summit?

Gustavo Morales Oliver: In addition to the points I explained in my previous answer, we will analyze these issues from multiple "angles", through the participation in this new edition of the conference of members of other leading law firms in Latin America, who will share their experience and know-how, and also representatives of law firms from the United States and England.
In addition, we will have the participation of members of leading international consulting firms in charge of conducting forensic work during the substantiation of internal investigations (at the corporate level).
They will surely share with us the vision resulting from their participation in specific cases in which penalties or sanctions have been applied to companies and individuals, for example, the case of "Odebrecht" for legal entities with operations in several jurisdictions.
We could also cite the case of another of the speakers, Richard Bistrong (CEO of Front-Line Anti-Bribery LLC), who was penalized for corruption in the United States, and is currently one of the most authoritative voices, with a unique experience in anti-corruption enforcement, who has become a leading consultant, after having overcome that situation.
From a focus on academic excellence, we will also have distinguished regional, from the IAE Business School (Argentina), as well as global, from the George Washington University (USA), who will address issues of artificial intelligence and public procurement.
Regarding the treatment of "cyber-attacks", we will have an expert with extensive experience in this area, who currently works at Microsoft, and we will also have the presence of an FBI agent.
With regard to the performance of multilateral lending institutions, we will have a special panel with the participation of representatives of the World Bank and the Inter-American Development Bank (IDB), and we will also have the participation of the Anti-Corruption Office of Argentina, whose representative will share his vision, as a regulatory agency especially relevant to our country, and we will have the honor of the participation of Delia Ferreira Rubio, Global Chair of Transparency International, who will speak about the real effects that corruption generates in our daily lives.
I suggest, for all those readers and subscribers of LATIN COUNSEL throughout Ibero-America, who are interested in accessing the full agenda of speakers and topics to be addressed during the conference, and follow it remotely (via streaming on Linkedin), to register under its "remote" mode, through the following link: https://www.linkedin.com/events/6thmarvalsummitoncompliance-ant7049103635380641792/about/

Of course, it would be a pleasure to have you join us from all over the continent during the event, and you will be very welcome to share this unique experience, as a source of learning and continuous training in "compliance", which this new edition of the conference will offer us.

LATIN COUNSEL: After 5 years since the entry into force of Law 27401, which recognized the attribution of autonomous criminal liability on private legal entities in Argentina, for the commission of certain crimes against the Public Administration (in particular, the payment of bribes to local and international public officials, acting on their behalf, interest or benefit), pronouncements have recently been issued in two "judicialized" cases.
Could this circumstance help to promote the adoption of effective and adequate integrity policies at an internal level in SME companies?

Gustavo Morales Oliver: Analyzing your question exclusively from a domestic approach, I would say that I do not believe that SMEs in Argentina have, as a general principle, "compliance" as a priority.
This circumstance does not have to do with the fact that they did not have the intention of doing so, but with the need to try to survive the economic reality and the multiple regulations in force in Argentina, such as tax and labor regulations, for example.
I reiterate, it seems to me that it is not a priority, and even if they wanted to do so, I understand that the resources they have are very limited for such purposes.
I believe that the scenario I mentioned above changes when it comes to SMEs that interact with, or have as clients, global companies that require them -at least- to have an "anti-corruption" integrity program, whose internal implementation would be (also) effective, and materialized through, for example, training in compliance matters, for the benefit of their employees, and certain "third parties" with which they operate (e.g.: intermediaries).
Although, in general terms and out of such context, it seems to me that this is something that could not yet be demanded from them in practice, or pragmatically, in the context of the Argentine reality, which has other requirements (or one could almost say, "emergencies").  

LATIN COUNSEL: What are some of the tasks that, at a "macro" level, the team of professionals that make up the Compliance, Anti-Corruption and Investigations Department of Marval, under your leadership, is currently developing?

Gustavo Morales Oliver: The practice of Marval’s "Anti-Corruption" team covers both a "preventive" work, which includes advising our local and foreign clients on the development of a "compliance or integrity program", the construction of a risk matrix, the design of internal "anti-corruption" policies (and procedures), collaborating with the training and education provided to their employees, and the detection and investigation of possible illegal conduct, particularly through the substantiation of "internal investigations", among the most important ones.
On the other hand, it also includes a litigation practice, resulting from the "judicialization" of the conducts identified during the investigations, which obviously could have consequences on several legal areas, such as criminal, civil, labor, and administrative, among others.
Our team works together with other practice areas of the firm, such as (among others) Public Law, Criminal Law, Customs Law, Labor Law, and Tax Law, and even Corporate Law, in the latter case, for example, through the changes that occur (in the companies) in the integration of their boards, and what could be their impact on the observance of the "tone from the top" principle.
Certainly, when any of these cases acquires a certain degree of "complexity", a very "integral" look is required, regarding the solution that we must provide to our clients.
It is essential to have that look from different angles, and I would even say much more than a look, but the "ability" to know that we have those resources to generate solutions that improve the position of the company we advise.
If I had to identify the greatest strength of the team I have the pleasure of leading, I would say that it is our experience and expertise in having participated in numerous internal investigations on the possible commission of internal corporate fraud and "anti-corruption enforcement".
We have developed over many years a unique know-how and experience, and in particular, we have learned a lot working with colleagues from the United States, Brazil and Europe.
I really believe that this is our outstanding feature, and as I was saying, the approach with which we tackle this problem is materialized through teamwork with all areas of Marval, and also (externally) with experts from forensic consulting firms, especially, in the latter case, with those that could be described as "leaders" in the market, both locally and regionally, and we also work as a team with press and public relations advisors, so that, I repeat, we have the most comprehensive approach possible.
And if I had to sum it up in one sentence, I would say that our goal is always to provide our clients with the same quality and sophistication of advice on compliance issues that they would receive - for example - in Washington, New York, London, or Sao Paulo.   

LATIN COUNSEL: 2023 is a very special year for Marval, O’Farrell & Mairal, because it celebrates its first 100 years of life.
How do you experience this celebration, both internally in the firm, as well as in your interaction essentially through the digital world and social networks, with all your networking and contacts at a global level, one of the most important in Latin America?   

Gustavo Morales Oliver: Marval’s growth during its first one hundred years of life has originated in multiple factors.
In this regard, I would like to highlight how it has been able to adapt to the changes in the context of the customers’ situation, and how it has always tried to anticipate what is coming, with a capacity to adapt to the challenges that the future imposes on us.
As for what is to come, we have conjunctural aspects, in Argentina in particular, and the region in general.
And I would also incorporate other relevant aspects, such as, for example, the use of technology by the firm.
In that sense, technology will continue to generate new developments for the way in which lawyers, and particularly Marval, provide their services, and we are always attentive to see the best way to incorporate new technological developments in what we use.
And to all this, I cannot fail to mention our attachment to certain essential principles, which are not (and have not been) alterable over time, and which have to do with ethics, the quality of our services, and professionalism, which have always remained in force.
These principles have remained essential throughout Marval’s history, and continue to remain essential.
The last point I would like to highlight, in response to your question, is that of "institutionalism".
Marval is a firm that goes through daily thinking about being in the market for another 100 years, or several periods of 100 years more, and that makes a difference, and it is reflected -precisely- in the institutionalism, and although we try to think not only in the immediate, but particularly in the long term, at the time of making decisions regarding the firm.
Naturally, Santiago Carregal, our Chairman at Marval, is the one who has the greatest authority to talk about all these issues referred to in your question. 

For all those interested in accessing complete information on the agenda and exhibitors of this new edition of the event, and to register, we invite you to enter the following link: https://www.marval.com/Evento/6th-marval-annual-summit-on-compliance-anti-corruption-and-investigations-32&lang=es

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