ESG LatAm Focus: Regulating the Green Investment Boom – Promise & Pitfalls

In 2022, ESG and Sustainability are the hottest of hot topic areas in the Latin American region. The region is world-renowned for its spectacular bio and cultural diversity. This fact, combined with the entrepreneurial energy of the region has resulted in rapid proliferation of “ESG” businesses, products and investment opportunities targeted at both domestic and international investors. Global demand has produced a “green investment boom” with increased green and sustainable bond issuances and ambitious projects linked to the region’s energy transition. This explosion of demand brings fantastic potential and also some significant risks.

Regulatory frameworks are evolving worldwide in response to the rapid expansion of “green” financial products and related services. Developing regulatory frameworks and taxonomies show divergent approaches with a lack of clear consistency across the globe. In Latin America, some countries have taken substantial steps to regulating ESG products whilst others lag far behind. Enforcement activity in this area is still nascent but shows a clear direction of travel.

During this webinar, we will:

• Provide a snapshot of the rapidly- evolving regulatory landscape relating to ESG financial products
• Compare regulatory approaches taken by the US, UK and EU and countries in Latin America
• Highlight some notable regulatory initiatives in the Latin American region
• Outline practical steps to manage greenwashing risk
• Provide an enforcement update including recent actions taken by regulatory authorities

Speakers

Jason Halper
Partner
Cadwalader, Wickersham & Taft LLP

Jason is the co-chair of Cadwalader’s Global Litigation Group, head of the Corporate and Financial Services Litigation Practice and also leads the firm’s climate change litigation and advisory practice. Jason predominantly practices in the areas of financial services and securities law, complex commercial disputes and corporate governance. Jason also is an experienced trial lawyer. A member of the Trial Bar of the Northern District of Illinois, he has tried cases to jury verdict or other decision in federal and state courts, regulatory tribunals and arbitrations around the country. Jason is a Lecturer in Law, focusing on corporate governance, climate change, compliance and ethics, at the University of Pennsylvania Carey Law School, and a frequent speaker and author. He is a member of the Advisory Board of Harvard Law School's Program on Corporate Governance and a regular Guest Contributor to the Harvard Law School Forum on Corporate Governance and Financial Regulation.

Duncan Grieve
Special Counsel
Cadwalader, Wickersham & Taft LLP

Duncan is a special counsel in Cadwalader’s White Collar Defense and Investigations Group. He advises a range of organizations, including multinationals, both on internal corporate investigations and during investigation or prosecution by regulatory bodies including the Serious Fraud Office, the Financial Conduct Authority, the Office of Financial Sanctions Implementation, the U.S. Department of Justice  and the U.S. Securities and Exchange Commission. He has deep experience in dealing with international investigations involving issues in foreign jurisdictions, including Brazil, Portugal and Lusophone Africa as well as Russia, China, India, Romania, the Czech Republic, Canada and Japan. Duncan also represents individuals subject to internal, regulatory and criminal investigation. Duncan speaks fluent Portuguese and spent two years in Brazil working with a Brazilian law firm where he advised corporate and individual clients in investigations stemming from Lava Jato (Operation Car Wash), including the negotiation of leniency agreements with Brazilian prosecuting authorities and regulatory agencies.

Juan Carlos Machorro G.
Partner
Santamarina y Steta

Juan Carlos is head of the transactional practice and co-head of ESG at Santamarina y Steta. With more than 30 years of professional experience, he advises local and international entities in the development and implementation of investment and manufacturing projects in Mexico. His talent and deep knowledge in his areas of expertise have earned him multiple international awards. He earned his law degree from the Universidad Iberoamericana in Mexico City and has postgraduate studies from New York University, Harvard Law School, Harvard Business School, Columbia Business School, and Yale School of Management, among others.