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Martin De Luca Explores How Companies Can Deploy Offensive Tools to Monetize Claims Following Internal Investigations
September 22, 2022
Internal investigations in Latin America have become more sophisticated and complicated for companies in light of compliance, whistleblowers, fraud and parallel enforcement by multiple countries. However, there may also be an opportunity for companies to realize damages and earn a return on the investment that is the costs of an investigation, as Kobre & Kim’s São Paulo-based Martin De Luca discussed at the 5th Marval Summit on Compliance, Anti-Corruption and Investigations in Buenos Aires during a panel on September 14.
During the panel, “Corporate Investigations in LatAm,” Mr. De Luca explained how companies can think of damages suffered as a result of misconduct in an innovative way and see it as a claim to be monetized. He explored how companies can determine the cost of investigation and enforcement and potential settlement outcomes, as well as how to calculate a return on investment when an offensive investigation and enforcement campaign leads to a reasonable settlement.
Mr. De Luca was also joined by Thiago Jabor Pinheiro of Mattos Filho, George “Ren” McEachern of TrustStorm Solutions Incorporated and Lisa Vicens of Cleary Gottlieb Steen & Hamilton LLP.