The Future of Compliance: Interview with the leaders of the 8th Marval Summit Compliance 2025

Marval O’Farrell Mairal - On Thursday, September 18, 2025, Marval O’Farrell Mairal held the eighth edition of its Summit on Compliance, Anti-Corruption, and Investigations. This event, which has established itself as a regional benchmark, brought together experts to analyze the main challenges in the field of regulatory compliance from a local, regional, and international perspective.

The meeting was led by Marval partners Andrés O’Farrell and Lorena Schiariti, who bring their vast experience in criminal, administrative, and compliance law to the table. The agenda addressed the impact of the new Criminal Procedure Code on internal investigations, as well as regulatory trends in the US in the Trump era and their influence on anti-corruption strategies in Latin America. The Summit also focused on cybersecurity risks, the role of the media in crisis management, and integrity dilemmas in strategic sectors such as the petrochemical, pharmaceutical, and technology industries.

Latin Counsel had the honor of speaking with them prior to the event about their role in it and the crucial issues that would be discussed.

Latin Counsel: As hosts of the Summit, what is your main goal for this eighth edition of the event?

Andrés O’Farrell and Lorena Schiariti: The main objective of this eighth edition is to create a space for reflection and debate on current challenges in compliance and anti-corruption, encouraging the exchange of experiences between specialists from different regions and strategic sectors. We seek to disseminate best practices and strengthen the culture of integrity in organizations, adapting to regulatory changes and emerging risks in the global context.
We know that we all have less and less time, so we have designed short panels with figures who occupy key positions so that in one morning we can all have practical, concrete, and useful content for our daily lives afterwards. We want each attendee to take away practical, useful, and actionable information that they can begin to apply in their work the day after the event. In addition to providing a space for reflection, we want to create an experience that gives participants real tools to improve compliance management, investigations, and anti-corruption in their organizations.

Latin Counsel: The summit agenda includes integrity in key sectors such as the petrochemical industry, the pharmaceutical sector, and technology. Are there any particular corruption or compliance risks that are more prevalent in these industries?

Andrés O’Farrell and Lorena Schiariti: Without a doubt, each of these industries faces particular challenges in terms of compliance and integrity. In the petrochemical industry, contracting processes and license management are often exposed to risks of bribery and conflicts of interest. The pharmaceutical sector, for its part, faces ethical dilemmas in product development and marketing, as well as in its relationships with healthcare professionals and regulatory bodies. In technology, data protection and cybersecurity have become priorities, and the speed of innovation can leave gaps that are exploited by malicious actors.
The diverse nature of these sectors allows us to analyze how risks emerge and evolve differently, but it also shows that good compliance practices and a culture of integrity must be constantly adapted to respond to specific and global challenges. It is this diversity that enriches the debate and encourages cross-learning among participants from different areas.

Latin Counsel: The event combines a local, regional, and international perspective. What are the main differences you see between the culture of compliance in Argentina, the rest of Latin America, and more developed countries?

Andrés O’Farrell and Lorena Schiariti: There are undoubtedly notable differences in the culture of compliance between Argentina, other Latin American countries, and more developed economies. In Argentina and the region, regulatory compliance has advanced significantly in the last decade, driven both by legal reforms and pressure from parent companies, in the case of multinational companies, and investors and business partners. This difference is often due to budgetary constraints; Latin American markets are not usually the largest and, consequently, are not the ones to which the most resources are allocated. The lack of local enforcement also does not help the area to develop further. This can be contradictory, since the risk, at least for multinational companies, can often be greater.
Among the regional challenges, the least institutional maturity, the lack of resources, and the existence of highly informal contexts stand out. This hinders the full implementation of compliance systems, in contrast to developed economies, where there are more consolidated structures, greater oversight, and a citizenry that demands high ethical standards from organizations.
However, there is also a positive trend: more and more Latin American companies are seeking to adopt global best practices, adapt programs to their reality, and promote a culture of internal integrity. The exchange of experiences in forums such as this Summit is essential to identify gaps, inspire improvements, and consolidate a vision of compliance as an added value and not just a requirement.
Finally, it is important to note that, although the starting point is different, the global trend is toward convergence in standards and expectations, which challenges all organizations to constantly rethink their policies and ethical commitments in a dynamic and demanding environment.

Latin Counsel: What do you consider to be the main barrier for Latin American companies to adopt a solid compliance culture, beyond mere regulation?

Andrés O’Farrell and Lorena Schiariti: The main barrier for Latin American companies to adopt an adequate compliance culture or program is often the perception that compliance is an administrative burden rather than a strategic investment. Many organizations prioritize adapting to minimum regulations and neglect the development of internal values of integrity and transparency, especially in environments where informality is common and resources are limited. In addition, the lack of external incentives, such as effective oversight and public recognition, can discourage a commitment to profound transformation.
Macroeconomics can also conspire against a robust compliance culture. In contexts of economic and political volatility, some companies prioritize immediate survival over investment in integrity structures, even though this exposes them to greater risks in the long term.
However, collaboration across sectors, ongoing training, and committed leadership are key factors in breaking down barriers. Promoting the vision of compliance as a competitive advantage and not just an obligation helps ethics become part of the corporate DNA, preparing companies to resiliently face current and future challenges.

Latin Counsel: This is the eighth edition of the Summit. How has the event evolved over the years and which topics have gained or lost relevance on the agenda?

Andrés O’Farrell and Lorena Schiariti: Over its eight editions, the Summit has evolved alongside the development of compliance concepts in Argentina. We have moved from more general topics to more specific issues, reflecting the social, technological, and regulatory changes that impact compliance and integrity practices. Topics such as artificial intelligence and cybersecurity have gained prominence, while other more traditional topics have given way to more innovative debates and current challenges.
It is difficult to say that any topics have lost relevance on the agenda, because the truth is that the importance of compliance has never been in question. If anything has happened in recent years, it is that its importance has grown. What we do see is a natural evolution. Topics do not "fall off" the agenda, but rather transform as practices change and new tools and risks emerge. Today, we are discussing issues that simply did not exist a while ago, such as leveraging technology to scale compliance functions, artificial intelligence as an ally in implementing compliance cultures and early risk detection, or protecting intangible assets in increasingly complex digital environments. In that sense, the Summit agenda reflects that evolution. It maintains the fundamentals but reinterprets them in light of new operational and regulatory realities, so that what we discuss is useful and applicable on a day-to-day basis.
This transformation demonstrates the event’s ability to adapt to emerging trends and respond to the real needs of organizations and professionals. The dynamic approach to the agenda ensures that the Summit remains a relevant space for learning and exchange.

Latin Counsel: With more than 20 speakers from different fields, what criteria do you use to select panelists and what do you hope their diverse experiences will bring to the audience?

Andrés O’Farrell and Lorena Schiariti: The selection of speakers for the Summit is a long-planned process, where priority is given to a plurality of voices, backgrounds, and perspectives. We want each panelist to contribute a unique vision, whether from the private sector, the public sphere, consulting, or academia, thus achieving an enriching and diverse debate.
We always focus on what each attendee can take away as enrichment, best practices, new developments, approaches, and tactics. We do not want this to be an academic or theoretical environment, but rather one where each person who attends the event or watches it via streaming can feel that they have heard something new, learned something, or challenged a previous concept.

Latin Counsel: The new Criminal Procedure Code is a central topic. Why is it so crucial for companies to understand its impact on their internal investigations right now?

Andrés O’Farrell and Lorena Schiariti: The implementation of the new Criminal Procedure Code marks a milestone for organizations, as it redefines procedures and responsibilities in internal investigations. We all hope we will never have to face a court case in a corruption investigation, but it can happen, and to be prepared, understanding the new Criminal Procedure Code is essential, as it introduces changes that can affect everything from evidence gathering to relations with judicial authorities.
The new Criminal Procedure Code brings about a paradigm shift in criminal investigation in Argentina: it shifts the focus to an accusatory system where the party making the claim (prosecutor or plaintiff) bears the burden of proof, and the defense must produce effective evidence to counter that case. Simply put, whether as plaintiffs or defendants, individuals and legal entities will have to support their allegations with evidence.
This makes private evidence gathering not only useful, but indispensable if a company is forced to litigate. It means coming prepared with well-designed internal investigations (chain of custody, interviews, documentation, and traceability), the ability to respond quickly, and knowledge of the rules governing the collection and use of that evidence so that it is valid and effective.
That is why the spirit of the Compliance Summit is to put this issue on the agenda now: companies must understand that, as a result of this change, facing criminal proceedings will require more intensive and technically correct evidence production. Preparing today makes the difference between managing an incident and being at the mercy of the prosecutor’s agenda.
Anticipating its impact allows companies to strengthen their compliance protocols and be ready for any incidents, minimizing legal and reputational risks. Therefore, it is crucial that legal and compliance departments stay up to date and proactively prepare for this new regulatory scenario.

Latin Counsel: The event addresses cybersecurity risks in compliance programs. In your opinion, what is the most underestimated digital threat facing companies in the region?

Andrés O’Farrell and Lorena Schiariti: In the current context, compliance programs are increasingly threatened by rapidly evolving digital risks. One of the most underestimated threats in the region is advanced social engineering, which exploits people’s trust to access sensitive information or breach systems, often going unnoticed by traditional technological controls.
Another threat that, in our experience, is greatly underestimated is the one that comes from within organizations themselves: employees, former employees, or even third parties such as suppliers who have legitimate access to systems and data. Companies often invest heavily in firewalls, intrusion detection software, or cutting-edge technological solutions, but neglect basic aspects such as access management, internal controls, and organizational culture. In addition, the tendency to connect multiple devices and systems increases the points of exposure to cyberattacks. Team education and awareness, along with constant updating of security protocols, are essential for identifying and mitigating these risks, strengthening organizational resilience in the face of increasingly complex digital scenarios. In fact, at Marval, thanks to the hard work of our Technology team, led by Gustavo Giay, Diego Fernández, and Manuela Adrogué, we have been able to obtain ISO 27001 certification.

Latin Counsel: The summit offers both in-person and streaming options. What added value do you seek to offer in-person attendees with exclusive networking activities?

Andrés O’Farrell and Lorena Schiariti: The in-person format stands out because it allows attendees to establish direct relationships, share experiences, and forge professional ties that transcend the event itself.
The added value lies in creating an active and collaborative community, where face-to-face exchanges foster deeper discussions and generate concrete opportunities for cooperation between specialists from different areas.

Latin Counsel: There is often talk of the need for greater collaboration. What specific challenges and opportunities do you see in cooperation between the public and private sectors to combat corruption?

Andrés O’Farrell and Lorena Schiariti: Collaboration between the public and private sectors is essential to combat corruption, but it is not without its challenges. There are obstacles such as lack of mutual trust, differences in approach, and potential regulatory barriers that can hinder joint work. However, spaces for dialogue and the creation of transparent channels open up opportunities to unify criteria, promote certainty, share best practices, and enhance the effectiveness of integrity programs.
As both sectors recognize the importance of coordinated action, they can design more robust strategies, drive innovation in controls, and generate a positive impact on organizational and social culture. Fostering trust, information exchange, and joint training becomes key to strengthening systems for preventing and responding to corruption.

Latin Counsel: In your view, where do you see the future of the Marval Summit in the coming years? Do you plan to expand the format or the topics to be covered?

Andrés O’Farrell and Lorena Schiariti: The event is shaping up to be a space with great growth potential, both in terms of the diversity of its topics and its regional reach. As the needs of the sector evolve, it is natural to consider adding hybrid modalities, new technological tools, and content that reflects emerging challenges in compliance, integrity, and business ethics.
We seek to ensure that the topics of the Summit are current and relevant, directly linked to the problems that our clients face today or may face in the normal course of their operations. To achieve this, we closely follow what is happening in the market, systematically listen to the specific needs of companies, and pay attention to the criteria and expectations of regulatory and judicial authorities. With this integrated reading, we define the format and agenda of the Summit, with the idea that it should be a space that helps to anticipate, not just react, and that offers tools that can be put into practice immediately.

Latin Counsel: Considering the current economic and political situation, why is it so important for an event of this nature to be held at this time?

Andrés O’Farrell and Lorena Schiariti: We are very hopeful that Argentina will continue on its path of economic recovery and host new investments in various areas. For these investments to be of high quality and sustainable, transparency is particularly important.
In this context, the Summit provides a space for reflection and updating in the face of rapidly evolving challenges. In this context, it is vital to keep up with the latest trends, share strategies, and strengthen networks. To accompany and keep pace with economic development, it is essential to anticipate risks and find innovative solutions.
In addition, the Summit encourages dialogue among those facing similar issues, offering practical tools that can be immediately applied in organizations. This not only contributes to institutional resilience, but also promotes a culture of integrity and collaboration that transcends circumstances, preparing companies to face changing scenarios with greater strength.

Latin Counsel: Compliance is constantly changing. What role do you think technologies such as artificial intelligence will play in the future evolution of compliance programs?

Andrés O’Farrell and Lorena Schiariti: Everything suggests that advances in technologies such as artificial intelligence will radically transform all compliance tasks, from preventive aspects to everything related to crisis management, investigations, etc.
These tools make it possible to automate monitoring processes, analyze large volumes of data in real time, detect unusual patterns, and anticipate potential risks more effectively than traditional methods.
However, the incorporation of artificial intelligence also brings new challenges: it is necessary to ensure the transparency of algorithms, avoid bias, and guarantee compliance with data protection regulations. Therefore, the future of compliance will combine technological innovation with an ethical and strategic approach, where training and human supervision will continue to be essential to achieve solid and sustainable results.
Thus, professional intervention must become increasingly precise and sophisticated.

Latin Counsel: Lorena, with more than 28 years of experience at Marval, what led you to specialize in administrative law and compliance, areas that are increasingly complementary?

Lorena Schiariti: My primary specialty since college has been administrative law, an area in which I continue to work and learn every day, but in my work at Marval, I have always been fortunate to interact with many multinational clients, subject to very demanding foreign regulations, who consulted me on compliance issues when that term was almost unknown in Argentina. Thus, a very important part of my work began to be directly linked to the adaptation of global policies to Argentine legislation, legal opinions on interaction with public officials, conflict of interest rules, gifts, donations, and public procurement procedures.
So, the first trigger was the practice itself. Added to this was the profound transformation that relations between the public and private sectors have undergone in recent years. Administrative law provides the tools to understand and manage the impact of regulation on business activity, while compliance allows us to anticipate risks and foster a culture of integrity. Far from being separate entities, these two areas are now intertwined and require a comprehensive vision to accompany the growth of organizations in increasingly complex contexts.
Throughout my career, I have found that the combination of technically sound positions and ethical commitment is key to building trust among stakeholders and providing effective solutions to current challenges. Working in these areas requires constant updating and the ability to interpret the environment in order to offer innovative and sustainable responses, aligned with the principles of transparency and legality.

Latin Counsel: The Summit highlights the importance of integrity in interactions with public officials. What is the main concern for companies in terms of public procurement in Argentina?

Lorena Schiariti: The main concern for companies in terms of public procurement in Argentina is managing the risk of integrity and transparency throughout the process, from bidding to contract execution. Often, the main challenge is accessing the regulatory framework and, particularly in the case of direct procurement, knowing whether the conditions are in place to proceed in this manner. Changing regulations, different regulations in different jurisdictions and even between different entities within the same jurisdiction, and the need to comply with increasingly demanding standards require organizations to have robust controls in place, conduct their own due diligence on the contract, and have ongoing training programs for their staff, particularly their sales teams and the third parties with whom they collaborate, as they may have a blind spot in this area with regard to compliance with applicable regulations.
Added to this is the importance of strengthening the traceability of decisions and documenting each step, in anticipation of possible audits or investigations. Companies that can demonstrate a genuine commitment to integrity are better positioned with public agencies and foster long-term relationships of trust, minimizing reputational risks and legal sanctions.

Latin Counsel: You have experience in the infrastructure, public services, and regulated activities sectors in general. What are the most common compliance risks you see in these highly regulated activities?

Lorena Schiariti: In the infrastructure and public services sectors, the most frequent compliance risks are usually related to compliance with specific regulations, the proper management of licenses and permits, and constant interaction with regulatory bodies. These industries operate under a strict and changing regulatory framework, where any deviation can result in significant penalties, reputational damage, or even the suspension of operations. In addition, the pressure to maintain transparency and traceability in decision-making forces companies to strengthen their internal controls and documentation processes.
On the other hand, the complexity of public and private contracts, as well as the need to prevent conflicts of interest, creates additional challenges. Continuous training of teams and updating of compliance policies are essential to anticipate risks, adapt to new regulatory requirements, and ensure that activities are carried out in accordance with the highest standards of integrity and legality. These measures help organizations build trusting relationships with their counterparts and successfully navigate highly regulated environments.

Latin Counsel: You have been recognized on multiple occasions for your work. How do these distinctions influence clients’ perceptions of the importance of administrative law and compliance?

Lorena Schiariti: First of all, it should be noted that these recognitions, when obtained from an institution such as Marval, are not only the result of personal dedication, but also the result of teamwork and the advantages of having specialists from all areas of law within the same institution.
Thus, while my expertise in administrative law gives me an advantage in everything related to interacting with officials and administrative contracting, the possibility of having the best colleagues in IT, personal data, and other areas is also a significant factor.
These achievements tend to generate trust and credibility among those seeking specialized legal advice, demonstrating a commitment to certain standards of professional quality, ethics, and constant updating.

Latin Counsel: As a professor at various universities, what role do you think academia plays in training the next generation of experts in the field?

Lorena Schiariti: It is not common for universities to include any compliance subjects in their undergraduate curricula, which means that today the training of professionals depends almost exclusively on specialization courses.
Academia plays a fundamental role in the development of compliance specialists, as it provides the theoretical and practical foundations necessary to face the changing challenges of regulation and business ethics. Through programs such as diploma courses, classes, and seminars, constant updating is encouraged and critical thinking is promoted, equipping new generations of lawyers with the tools to analyze complex cases and design effective policies.
In addition, the academic environment promotes the exchange of experiences between teachers and students, enriching professional training and contributing to the creation of networks that facilitate interdisciplinary collaboration. In this way, academia not only transmits knowledge, but also inspires vocations and consolidates values essential for integrity and transparency in the corporate world.

Latin Counsel: The event will address regulatory trends in the US and their impact on Latin America. How do regulations such as the FCPA (Foreign Corrupt Practices Act) influence the way companies in the region implement their compliance programs?

Lorena Schiariti: U.S. regulations, such as the FCPA, and foreign regulations with extraterritorial application in general, have had a triggering effect in Latin America, prompting companies in the region to strengthen their compliance systems and adopt more rigorous international standards. The obligation to prevent bribery and corruption in general, together with the need to document and track every relevant decision, has led to accelerated professionalization in risk management and internal controls.
This context has also motivated greater training, constant updating of internal policies, and the integration of technologies for detecting irregularities. Companies that have understood the global regulatory impact and adapted their programs to these requirements are not only able to minimize the risk of sanctions, but also position themselves as reliable allies to customers, partners, and international authorities.
In fact, in Latin American countries where there is still a lack of doctrine and jurisprudence on these issues, foreign experience and precedents are a constant source of analysis and comparison. Therefore, understanding where US authorities are headed is always relevant for Latin America.

Latin Counsel: Andrés, your career has evolved from traditional criminal law to a specialization in internal investigations and compliance. What motivated you to make this professional shift?

Andrés O’Farrell: The truth is that I didn’t experience it as a drastic shift, but rather as a natural evolution. I am still very involved in the practice of traditional criminal law—for lack of a better term—but over time I began to work more and more on compliance and internal investigations. This happened because the market was changing: when I started, corporate criminal law was very reactive, working mainly when an incident arose. Today, however, prevention and risk management have become central, and clients expect us to accompany them in that dimension as well. So, it was a fairly organic process: the business evolved, client needs changed, and we accompanied that change.

Latin Counsel: You worked at a leading criminal law firm in Buenos Aires and as a foreign associate at Uría Menéndez in Spain. What key differences did you find in legal practice between the two countries?

Andrés O’Farrell: The truth is that the differences were less important than the similarities. I wouldn’t say there were substantial contrasts. In fact, my time at Uría Menéndez had a lot to do with that: I was interested in seeing up close how a firm with a strong corporate tradition had managed to incorporate a corporate criminal law department, and what the main challenges had been in creating a successful practice in that area. Rather than noticing differences, what I found was a common path: the need to integrate criminal law into business logic, in coordination with other areas, in order to provide a truly comprehensive service to clients.
Spain and Argentina share a continental-based system—with investigating judges, oral trial hearings, and a very similar legal culture—so the adaptation was natural. But, honestly, I was more interested in something else: how a firm with a corporate tradition had integrated a solid corporate criminal practice.

Latin Counsel: The protection of intangible assets, such as trade secrets, is one of your areas of expertise. How prepared are companies in Argentina to face cybersecurity threats and scams in this area?

Andrés O’Farrell: The protection of knowledge and intangible assets is an issue that really concerns me and almost keeps me awake at night. If I had to make a diagnosis, I would say that the level of business preparedness is very uneven. There are companies with very sophisticated practices and processes to safeguard their know-how and sensitive commercial information, and others that, surprisingly, even though they are intensive in intellectual capital, do not even have the issue on their radar.
In any case, what worries me most is not so much whether companies are prepared or not, but rather the shortcomings of our criminal framework for protecting these intangibles. Today, we do not have a system that punishes the violation of secrets and the appropriation of confidential information with a severity proportional to the damage that such conduct can cause. And that clashes head-on with the strategic objective of the country that is always proclaimed: to turn Argentina into a hub for the knowledge economy.
If we want to attract and consolidate knowledge-based companies, a good labor regime, tax predictability, and macro stability are not enough. We also need a modern and effective criminal justice system that truly discourages corporate espionage, information leaks, and the misappropriation of trade secrets. That is where I see the big unfinished business: we continue to have outdated rules and very light penalties for attacks that can destroy value on a massive scale.

Latin Counsel: As an expert in tax and customs crimes, do you believe that compliance programs in Argentina are sufficiently developed to effectively mitigate these risks?

Andrés O’Farrell: Here I would say something very similar to what I said before: the robustness of compliance programs varies greatly between companies. There are organizations with very solid practices, with real commitment from the board of directors, clear rules, ongoing training, and controls that are effectively integrated into daily operations. And there are others that, although they have written policies, have not put them into practice: they lack processes, metrics, responsible parties, and evidence of implementation.
That said, there is a key legal point: in economic criminal jurisdiction, in order to attribute liability to a legal entity, it is necessary to demonstrate a lack of organization. And the first indicator for assessing whether or not this lack existed is the compliance program: its design, implementation, effectiveness, and traceability. Therefore, a robust and effective program that can be proven to have been implemented and functioning becomes a very powerful defense tool in investigations of tax and customs crimes.
I cannot make a cross-sectional diagnosis of the market because the reality is very diverse, but I can say that where there is a serious and operational program, there is better prevention and, if necessary, a better defensive position against charges of organizational deficit.

Latin Counsel: The Argentine Anti-Piracy Association is one of your members. What role do lawyers play in the fight against piracy and fraud at the national and regional levels?

Andrés O’Farrell: I believe that the private sector plays a critical role and, in fact, the Argentine Anti-Piracy Association is clear proof that public-private collaboration works when there is open, honest, transparent, and good-faith interaction. In matters of trademark and intellectual property infringement, prosecutors and judges rely on the commitment of the rights holder to drive the investigation and sustain criminal action.
At the Association, we work alongside the authorities, which is really very positive. These investigations are often highly specific to the product, service, or industry; therefore, it is not only logical for the victim to be involved, but often essential: technical information, distribution patterns, points of vulnerability, and indicators of authenticity are only available to the affected company. Without this input, the investigation is unlikely to succeed.
In short, there is a structural need for interaction between the public and private sectors to effectively investigate and prosecute these crimes, and this coordination works very well within the framework of the Association. I would also say that it is one of the main platforms in the country dedicated to the protection of intangible assets, an issue that should be higher on the government’s agenda if we want to protect investment, employment, and innovation.

Latin Counsel: You completed an Executive MBA at the London School of Economics. How has this training complemented your legal perspective, especially at the intersection of law and public policy?

Andrés O’Farrell: It helped me a lot for two reasons. First, it gave me a macro approach: to stop always looking at the specific case and adopt a systemic view. Understanding how public policies are designed, implemented, and evaluated allowed me to see compliance not only as a reaction to incidents, but as part of a risk management system.
Second, this approach is transferable to the private sector.
In compliance, in addition to investigating cases, responding to incidents, and eventually litigating in criminal court, there is a great deal of prevention, communication, and internal policy development. Having studied the management logic of the public sector helped me to better organize corporate programs: setting clear objectives, aligning incentives, defining responsibilities, measuring results, and communicating effectively. In short, the MBA gave me a management toolbox that complements legal practice very well and improves the effectiveness of compliance in the company.

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