Daniel Aun is a dual-qualified, dual-trained Brazilian senior litigation associate based in New York. He is focused on white collar defense, internal investigations, compliance, crisis management, and international disputes, particularly as it relates to Latin America, Portugal, and Spain. Among other things, he has been actively involved in matters relating to Brazil’s operations Lava Jato, Zelotes, Carne Fraca, and Sem Limites, the U.S.-led FIFA investigation, and a high-profile investigation undertaken by Portuguese authorities.
As part of his work, Mr. Aun defends individuals and companies in criminal, civil, and regulatory enforcement matters, conducts cross-border internal investigations, advises companies in connection with compliance matters and the risks posed by potential transactions, and helps organizations overcome crises. He also has substantial experience with international arbitration matters, including in connection with ICC, ICSID, PCA, ICDR, and CCBC proceedings. Further, he advises companies and international organizations on business integrity matters.
Mr. Aun joined Debevoise in 2014. From 2012 to 2014, he was an associate at the international arbitration practice group of a large international law firm based in New York. From 2008 to 2011, he practiced with a well-known Brazilian law firm specialized in international arbitration. In addition, he previously pursued internships at the Permanent Court of Arbitration at The Hague, the Organization of American States, the Brazilian Embassy in Washington, D.C., a Federal Court of Appeals based in São Paulo, and the State of São Paulo Prosecutor’s Office.
Mr. Aun received his LL.M. from New York University School of Law (NYU), where he was vice-president of the International Arbitration Association. He obtained his law degree at the Pontifical Catholic University of São Paulo (PUC-SP), with additional studies at The Hague Academy of International Law and the University of Barcelona. Mr. Aun acted as an assistant to Professor Donald Francis Donovan in connection with his International Arbitration and International Investment Law & Arbitration courses at NYU, and as an assistant to Professor Fabricio Felamingo in connection with his International Law course at PUC-SP.
Mr. Aun is an active member of the white collar and arbitration communities in Brazil and the United States. He founded and chairs the Brazil-US 40 and Under White Collar Lawyers Initiative, a unique forum for over 140 lawyers in approximately 65 leading law firms in Brazil and the United States to exchange insights on white collar matters involving the two countries, organize meetings and events featuring guest speakers (including current and former government officials and leading practitioners), and publish on matters of interest. In addition, he was nominated to the Criminal Law Commission of the State of São Paulo Bar Association (OAB-SP), being the only representative of a U.S. law firm in it. Further, he is a member of the Board of Directors of the NYU Law Alumni Association.
Mr. Aun was awarded the Becas Líder Scholarship (Jóvenes Líderes Iberoamericanos) by Spain’s Fundación Carolina to Ibero-American leaders in their respective fields, and together with Debevoise colleagues was also awarded the Hon. Clarence J. Herlihy Award by Prisoners' Legal Services of New York.
Mr. Aun is admitted to practice law in New York and Brazil, and is fluent in Spanish and conversational in French, in addition to being a native Portuguese speaker.
Mr. Aun’s publications include “Restituição de lucros indevidos em casos de fraude e corrupção no Brasil e nos Estados Unidos” [“Disgorgement of ill-gotten profits in fraud and corruption cases in Brazil and the United States”], O Estado de S. Paulo, Fausto Macedo’s Blog (October, 2020), with Jose Guilherme Berman and Andrew M. Levine; “Brazilian Authorities Announce Anti‑Corruption Cooperation and Leniency Framework; MPF’s 5th Chamber Opposes It,” Debevoise FCPA Update, Vol. 12, No. 2 (October 2020); “Exigências e benefícios da colaboração com as autoridades em temas anticorrupção” [“The demands and benefits of cooperating in anti-corruption matters”], Jota (August, 2020), with Pierpaolo Cruz Bottini, Igor Sant’Anna Tamasauskas, David A. O’Neil, and Andrew M. Levine; “Brazil Announces New Anti-Corruption Cooperation Framework; MPF’s 5th Chamber Opposes It,” with Bruce E. Yannett, Andrew M. Levine, Karolos Seeger, and Kara Brockmeyer, Debevoise FCPA Update and NYU Blog on Corporate and Enforcement (August, 2020); “Compliance durante a pandemia e o guia atualizado do Departamento de Justiça dos Estados Unidos” [“Compliance during the pandemic and the updated compliance guide of the Department of Justice”], O Estado de S. Paulo, Fausto Macedo’s Blog (August, 2020), with David A. O’Neil and Andrew M. Levine; “The Year 2019 in Review: A Record-Breaking Year of Anti-Corruption Enforcement,” Debevoise FCPA Update, Vol. 11, No. 6 (January, 2020); “Latin America’s Evolving Anti-Corruption Landscape: Brazil in Flux and Regional Reverberations,” Debevoise FCPA Update, Vol. 11, No. 3 (October, 2019); “Empresas, ejecutivos y leyes anticorrupción” [“Companies, executives, and anti-corruption laws,”] Reforma, with Julio Rivera Rios, (October, 2019); “The Year 2018 in Review: Continued Globalization of Anti-Corruption Enforcement,” Debevoise FCPA Update, Vol. 10, No. 6 (January, 2019); “O futuro do combate à corrupção envolvendo Brasil e Estados Unidos” [“The future of anti-corruption enforcement involving Brazil and the United States,”] O Estado de S. Paulo, Fausto Macedo’s Blog (January, 2019), with Bruce E. Yannett, David A. O’Neil, Andrew M. Levine, and Kara Brockmeyer; “NAFTA Replacement Adds Anti-Corruption Provisions,” Debevoise FCPA Update, Vol. 10, No. 4 (November, 2018); “New Leniency Regulations and Rules Affecting Financial Institutions Change the Anti-Corruption Landscape in Brazil,” FCPA Update ,Vol. 9, No. 2 (September, 2017); “The Year 2015 in Anti-Bribery Enforcement: Are Companies in the Eye of an Enforcement Storm,” Brazil Section, Debevoise FCPA Update, Vol. 7, No. 6 (January, 2016); “Brazil Issues Guidelines for Compliance Programs,” Debevoise FCPA Update, Vol. 7, No. 3 (October, 2015); “Brazil Further Regulates Its Anti-Corruption Framework,” Debevoise FCPA Update, Vol 6, No. 9 (April, 2015); “Brazil Issues Long-Awaited Decree Implementing the Clean Company Act,” Debevoise & Plimpton Client Update (March, 2015); “Iberdrola v. Guatemala,” ICSID Case No. ARB/09/5, 13 January 2015, A contribution by the ITA Board of Reporters, Kluwer Law International; “SGS v. Paraguay,” ICSID Case No. ARB/07/29, 19 May 2014, A contribution by the ITA Board of Reporters, Kluwer Law International; “The Definition of Domestic and Foreign Arbitral Awards in Brazil: A Critical Analysis of the Decision in Nuovo Pignone v. Petromec,” Transnational Notes – NYU Center for Transnational Litigation, Arbitration and Commercial Law (March, 2012); “Brazil: Resolving sports infrastructure disputes,” Global Arbitration Review (October, 2010), later republished with the title “World Cup, Olympics and dispute resolution,” Latin Lawyer (October, 2010) and “Beneficios y Patentes – El Caso Brasil,” Revista de la Economia Social y de la Empresa, no. 50 (2007). He also contributed to a chapter on the FCPA titled “Der US-amerikanische Foreign Corrupt Practices Act” by Bruce E. Yannett and Thomas Schürrle, the Latin Lawyer 2018 anti-corruption year-in-review essay by Bruce E. Yannett and Andrew M. Levine, and a chapter on the FCPA by Mark P. Goodman and Bruce E. Yannett in the treatise Defending Corporations and Individuals in Government Investigations. Mr. Aun also revised the Portuguese versions of the IBA Guidelines for Drafting International Arbitration Clauses and Party Representation, and was a secretary of the committee that conducted a comprehensive review of the International Arbitration Rules of the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA) and issued a new set of rules in 2014.
As part of his speaking engagements, Mr. Aun discussed compliance from a U.S. perspective, as part of a panel organized by Brazil’s Escola Superior de Advocacia (ESA-PR) of the State of Paraná Bar Association (OAB-PR), in July 2020 (The talk is available at ESA-PR’s page on YouTube under the title “Compliance e Advocacia Criminal: o trabalho da advocacia criminal em programas de compliance”; Mr. Aun speaks starting around 5:48); addressed the evolution of anti-corruption in the United States and related trends, as part of a panel on “The Future of White Collar Investigations,” organized by Brazil’s Instituto de Direito Publico (IDP), in July 2020 (The talk is available at IDP’s page on YouTube under the title “O Futuro das Investigações de Delitos Econômicos”; Mr. Aun speaks starting around 58:25); government investigations into fraud and corruption during and after the pandemic in Brazil and the United States, as part of a panel organized by Brazil’s IBRADEMP, in May 2020; presented on Carwash, the Brazil-US anti-corruption enforcement experience, and recommendations for Mexican companies and businesspeople in “Compliance: ¿Cómo Prepararse para la Tormenta que Viene?,” an event organized by Mexico’s ANADE – Asociación Nacional de Abogados de Empresa, Colegio de Abogados, in January 2020; discussed “Key Developments in Global Anti-Corruption Enforcement” in São Paulo, Brazil, as part of an event organized by a local law firm in November 2019; moderated a panel on “The Violation of Compliance Obligations as a Cause for Arbitration” at the XV International Arbitration Conference in Rio de Janeiro, Brazil, in May 2019; discussed anti-corruption concerns as part of the event “Sugar & Ethanol in Brazil: Opportunities and Challenges for Distressed Investments” co-organized by the Brazilian-American Chamber of Commerce and Debevoise, in New York, in May 2018; and moderated a panel on the “Particularities of ICSID Arbitration,” organized by Y&I ICDR and Costa Rican Young Arbitrators, as part of the Costa Rican Arbitration Day, in October 2015.