Fernando F.Pastore

Of Counsel

São Paulo + 55.11.3018.3941

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Fernando Pastore has more than a decade of experience representing clients in cross-border disputes and investigations arising out of Latin America. Knowledgeable of the local culture, legal landscape, and judicial system, Fernando is based in Brazil and brings to the table several years of experience working at a leading Brazilian disputes law firm. With true global experience, Fernando has represented clients in complex civil and criminal cases and international arbitrations in multiple forums, including Brazil, the United States, the United Kingdom, France, Australia, Canada, Argentina, and the International Chamber of Commerce (ICC).

Fernando has acted in commercially sensitive matters related to contractual disputes (including take-or-pay contracts, force majeure, and hardship), class action lawsuits, §1782 proceedings in the United States, recognition and enforcement proceedings, patent claims, ESG (environmental, social, and governance) claims, regulatory litigation, as well as criminal indictments involving environmental crimes, fraud, and corruption. Fernando also has broad experience in managing crises arising from environmental incidents.

Fernando also regularly represents clients in internal and government investigations concerning the Foreign Corrupt Practices Act (FCPA), money laundering, corporate fraud, and antitrust violations, as well as violations to internal policies. In addition, Fernando helps local and international clients design, implement, and review compliance programs in line with international laws and best practices and conduct pre- and post-M&A anticorruption due diligence.

Fernando has acted for major players across multiple industries, including oil and gas, mining, energy, chemicals, financial services, ports, medical devices, human resources, automotive, and auto parts.

Experiência

  • Orange and Masmovil combine in €18.6 billion mergerJones Day advised Orange, S.A. ("Orange"), one of the world's leading telecommunications operators, on the combination of their telecom business in Spain with Masmovil, one of the leading telecommunications operators in Spain, for an enterprise value of €18.6 billion (€7.8 billion for Orange Spain and €10.9 billion for Masmovil).
  • WEG acquires industrial electric motors and generators business from Regal Rexnord CorporationJones Day is advising WEG S.A. in the $400 million acquisition of the industrial electric motors and generators business of Regal Rexnord Corporation.
  • UPL sells stake in Advanta Enterprises to KKRJones Day advised UPL Limited in its $300 million sale of a 13.33% stake in its subsidiary, Advanta Enterprises Limited, to KKR.
  • J.M. Huber acquires Biolchim GroupJones Day advised J. M. Huber Corporation in the acquisition of Biolchim Group, a leading producer and distributor of specialty plant nutrition and biostimulants, from private equity firms NB Renaissance and Chequers Capital and the Biolchim Group management team.
  • Manufacturing company conducts internal investigation into allegations of corruption at Latin America facilityJones Day conducted an internal investigation for a publicly traded manufacturing company into allegations of corruption in one of its largest manufacturing facilities in Latin America.
  • Individual defends wire fraud and identity theft claims in SDNYJones Day defended an individual charged in SDNY with conspiracy to commit wire fraud and identity theft.
  • Heidrick & Struggles acquires 2GETJones Day advised Heidrick & Struggles in its acquisition of 2GET, a premier executive search firm in Brazil and one of the largest search firms in the country.
  • Chevron buys Pasadena Refining System for $350 million from Petrobras America Inc.Jones Day advised Chevron U.S.A. Inc., a wholly-owned subsidiary of Chevron Corporation, in its purchase of all of the equity interests of Pasadena Refining System Inc. ("PRSI") and PRSI Trading, LLC from Petrobras America Inc. for $350 million, subject to adjustments for working capital.
  • Manufacturer cleared in bribery investigationJones Day conducted an independent investigation regarding allegations that employees in a foreign operation of a U.S.-based manufacturer bribed witnesses in court proceedings.
  • U.S. based energy company defends allegations of bribery in Brazil's Lava Jato investigationJones Day represents a large U.S. based energy company which had significant operations in Latin America and was accused of a bribery payment to a very senior Petrobras official implicated in the Lava Jato investigation in Brazil.
  • Executives of worldwide construction firm respond to multijurisdictional FCPA investigationJones Day represents numerous executives of an international construction and engineering firm (with operations worldwide) in a multijurisdictional FCPA investigation conducted by the U.S. Department of Justice and the U.S. Attorney's Office for the Eastern District of New York.
  • Chevron defends against allegations of environmental damage from oil seeps off coast of BrazilJones Day is serving as lead U.S. counsel for Chevron with respect to various legal and administrative proceedings arising out of oil seeps that occurred off the coast of Brazil in November 2011 and March 2012.

    • The following represents experience acquired prior to joining Jones Day.

    Defended one of the major global oil companies against the enforcement of a $9 billion Ecuadorian judgment in Brazil.

    Defended one of the major global oil companies against criminal and civil claims of environmental damage resulting from oil seeps off the coast of Brazil.

    Defended a major beverage manufacturer in several commercial disputes in Brazil.

    December 2023 White Paper

    Class Actions Worldview: Part III—Australia, Germany, and France

    October 2023 White Paper

    Class Actions Worldview: Part II—Italy and Spain

    October 2023 White Paper

    Considerations for Addressing DOJ's Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

    August 2023 Podcast

    JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union

    August 2023 White Paper

    Class Actions Worldview: Part I—United States and the European Union

    Mars 2023 Alert

    French National Assembly Gives Class Actions a New Impetus

    November 2022 White Paper

    Conducting an Effective Internal Investigation: An Overview

    November 2021 Commentary

    DOJ Announces Policy Changes and Additional Resources Focused on White-Collar Enforcement

    September 2021 Commentary

    The Long Arm of the CFTC: What Stakeholders in Brazil and Latin America Should Know

    December 2020 Commentary

    A Aplicação "Não Tão Doméstica" da Legislação Penal dos EUA à Atos Praticados na América Latina
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    Palestras / Aulas

    • October 19, 2022
      International Arbitrations Arising In Brazil: Best Practices For Identifying And Mitigating Local And International Risks, São Paulo Arbitration Week

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