Latin America & Cross-Border

Brazil Practice

Specialized practice in U.S.-Brazil cross-border matters, conducted in Portuguese by attorneys with deep experience in Brazilian legal and business environments.

Overview

Brazil presents unique challenges for U.S. companies and lawyers. It is the largest economy in Latin America and one of the most active enforcement environments in the hemisphere; the Lava Jato (Car Wash) investigation reshaped corporate compliance across the country and produced waves of DOJ and SEC enforcement against U.S.-listed companies with Brazilian operations. The Brazilian judicial and regulatory system operates in Portuguese, follows a civil law framework distinct from U.S. common law, and involves agencies (the TCU, CGU, CADE, CVM) that have no direct U.S. analogs.

Daniel Fridman has been doing substantive work in Brazil since 2008, reading and analyzing documents in Portuguese and working alongside Brazilian counsel on major investigations. At White & Case, he led a team of more than fifty lawyers and forensic accountants reviewing 1.4 million Portuguese-language documents and conducting seventy witness interviews in Brazil in five months, one of the most intensive Brazil-focused U.S. legal work streams of the Lava Jato era. That experience is not the kind a firm can approximate by sending a U.S. attorney with a translator.

Our Approach

Our Brazil practice is built on direct engagement with Brazilian law and the Brazilian legal community. We maintain active relationships with leading white-collar and corporate counsel in São Paulo and Brasília, who serve as local co-counsel on matters requiring Brazilian court proceedings or regulatory engagement. On the U.S. side, we bring the full weight of the firm's DOJ, SEC, and federal court expertise to cross-border matters.

For Brazilian companies seeking U.S. counsel on enforcement exposure, or U.S. companies seeking to navigate Brazilian investigations, we serve as the U.S. leg of a coordinated cross-border defense, fluent in both legal systems.

Representative Experience

Latin America & Cross-Border

  • Brazilian extradition defense tied to Operation Car Wash

    Defended a Brazilian national in the United States against an extradition request connected to an offshoot of Operation Lava Jato (Car Wash), pairing U.S. extradition practice with an understanding of the underlying Brazilian proceeding and coordinating with local counsel in Brazil across both legal systems.

  • Cross-border internal investigations for multinationals

    Led internal investigations in Brazil, Argentina, Mexico, Colombia, and the United Kingdom for subsidiaries of publicly traded U.S. and European companies, addressing international corruption, accounting fraud, Bank Secrecy Act violations, AML compliance failures, and senior executive misconduct, and representing companies and audit committees before the SEC, the DOJ, and other agencies.

Complex Commercial Litigation & Arbitration

  • Brazil private-placement arbitration

    Defended an international arbitration concerning private-placement investments in Brazil.

Frequently Asked Questions

What U.S. legal tools are most commonly used in Brazil-related matters?

The FCPA is the most common U.S. enforcement tool in Brazil-related matters; the DOJ and SEC have brought major actions against U.S. and foreign companies arising from Brazil operations. Section 1782 is the primary tool for obtaining U.S. discovery in support of Brazilian proceedings. Wire fraud, money laundering statutes, and securities laws have also been applied to conduct involving Brazil. Each of these tools requires U.S. counsel with Brazil-specific knowledge.

What is Brazil's Lei Anticorrupção (Anti-Corruption Law) and how does it interact with U.S. law?

Brazil's Lei Anticorrupção (Law No. 12,846/2013) imposes civil and administrative liability on companies for corrupt acts against Brazilian and foreign public administration, without requiring proof of intent; strict liability for the company, similar to the FCPA's books-and-records provisions. A company facing parallel FCPA and Lei Anticorrupção exposure must coordinate its U.S. and Brazilian response strategies carefully, since actions taken in one proceeding (including voluntary disclosure) can affect the other.

Team

Facing a government investigation?

Time matters. Contact us before the first interview request.

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