Daniel Aun is a dual-qualified, dual-trained Brazilian senior litigation associate based in New York with a focus on white collar matters and disputes involving Latin America, Spain, and Portugal. Who’s Who Legal recognized Mr. Aun as an Investigations and Arbitration Future Leader in the United States. The guide describes him as a “simply outstanding lawyer” with a “strong understanding of complex FCPA-like regulations” and a “deep knowledge of the Brazilian market,” as well as a “leading individual” who “has been very active in cross-border investigations” and “many substantial cases.”
Mr. Aun has been actively involved in matters relating to Brazil’s operations Lava Jato (Carwash), Zelotes (Zealots), and Carne Fraca (Weak Flesh), the U.S.-led FIFA investigation, and a high-profile investigation undertaken by Portuguese authorities, among others. As part of his work, he defends individuals and companies in criminal, civil, and regulatory enforcement matters, conducts cross-border internal investigations, and advises companies on compliance matters, business integrity, crisis management, and potential transactions. He also has substantial experience with international arbitration matters, including in connection with ICC, ICSID, PCA, ICDR, and CCBC proceedings.
Mr. Aun joined Debevoise in 2014. From 2012 to 2014, he was an associate in 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 assisted Professor Donald Francis Donovan with his International Arbitration and International Investment Law & Arbitration courses at NYU and Professor Fabricio Felamingo with his Private International Law course at PUC-SP.
Mr. Aun is admitted to practice law in New York and Brazil. He is a native Portuguese speaker, in addition to being fluent in Spanish and conversational in French.
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 approximately 175 lawyers in over 80 leading law firms in Brazil and the United States to exchange insights on white collar matters involving the two countries, organize sessions featuring guest speakers, 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, and is a member of the Compliance Commission of the Brazil-Canada Chamber of Commerce. 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’s publications include “The Year 2020 in Review: Another Record-Breaking Year of Anti-Corruption Enforcement,” Debevoise FCPA Update, Vol. 12, No. 6 (January 2021); O Estado de S. Paulo – Fausto Macedo’s Blog (December, 2020): O combate à corrupção na administração Biden [Anti-corruption enforcement during the Biden administration]; Latin American Anti‑Corruption Enforcement: Walking a Tightrope of Challenges and Opportunities, Debevoise FCPA Update, Vol. 12, No. 3 (October 2020); “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 the FCPA and the impacts of its enforcement in Brazil, as part of an event organized by the State of São Paulo Bar Association (OAB/SP) in October 2020; his career in the United States and Europe, as part of a panel organized by the Brazil-Canada Chamber of Commerce and a Brazilian law firm during the São Paulo Arbitration Week in October 2020; 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 (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); discussed 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.