FonsecaPuggina

Daniela Fonseca Puggina

Partner
Baker & McKenzie LLP

Biography

Daniela serves as a trusted legal advisor to public and private multinational corporations, supporting their entry into new markets with emphasis in the Americas, assessment and mitigation of risks, cross border internal investigations, resolution of multijurisdictional regulatory enforcement matters and complex cross-border disputes, regulatory registrations, acquisition and surrender of licenses, joint ventures, business acquisitions, antitrust filings, spin off, and restructure of global operations.  Daniela offers notable expertise and is a speaker on matters of relevance to the  highly regulated financial services sector. She also provides support to companies in diverse industries including aviation, entertainment, technology, energy, and retail. She serves as the Chair of Baker McKenzie’s BakerWomen initiative for the Miami office, which is tasked with driving forward the Firm’s inclusion and diversity strategy. Daniela was named among the Top 50 Women Leaders in Law of 2022 by Women We Admire which recognizes the trailblazers who are being celebrated for their excellence in and commitment to the legal sector. "As minorities in their field, this group of women work relentlessly to make strides and are inspiring the next generation of women lawyers."

Daniela has been recognized by Chambers where clients noted that: "She is very quick in analyzing problems and providing answers." "She is an excellent litigator who is determined, creative and always has time for her clients."

She was also the exclusive recipient of the 2022 Client Choice Banking Award for USA by Lexology, where clients expressed that: "Daniela has a great level of expertise in the banking areas of the law and was detailed-oriented", "experienced and clever practitioner" and "has a business-minded approach and has a wide-ranging experience to provide great solutions". Further, "provides very fast feedback that is practical, raises questions but focuses quickly on the key issue", "has the ability of making things move forward through the good solutions/compromises she provides", and "[i]f you need sensible advice, then Daniela is always there to provide it."

Practice Focus

Daniela's practice focuses on resolving disputes for US and non-US companies, including financial institutions in civil litigation, corporate internal investigations, and related regulatory enforcement matters. She has successfully represented clients under investigation by the US Department of Justice, the US Securities and Exchange Commission, FINRA, OFR, and state attorneys general.

Her practice also covers complex cross border commercial disputes, and disputes concerning wills, trusts and estates involving assets located in several jurisdictions. Daniela also has considerable experience representing corporate clients in contract and partnership disputes before US state and federal courts.

Representative Legal Matters

Daniela serves as a trusted advisor to several global corporations in the financial services, aerospace, entertainment, retail, technology, manufacturing, and transportation sectors including:

  • Financial services company headquartered in Brazil with presence in 16 jurisdictions in the Americas, Europe and Asia doing business globally in connection with the expansion of its activities in 40 jurisdictions in the Americas, Europe, Asia and Africa, providing support identifying applicable local legal and regulatory requirements, assessing and measuring local risks, and implementing risk controls with respect to cross border trading, financing, and wealth management activities. Provided support with respect to tax, financial services regulatory, data privacy, trademark licensing, director's liabilities, sanctions, disputes, and bankruptcy matters as well as software agreements, and third party service agreements in several jurisdictions.
  • Publicly traded financial services company headquartered in Brazil with presence in 10 jurisdictions in Europe, Asia, and the Americas, on informal inquiries and subpoenas from regulators, assessing and measuring opportunities and risks, and implementing risk controls with respect to cross border lending, acquisition of  regulatory licenses, offer of new financial products, assessing and measuring monetary and reputational risks of high stakes cross border litigation, representing in high stakes cross border disputes, bankruptcy, financial services regulatory and data privacy matters, and numerous agreements concerning third party services, software licensing and services, and derivatives.  
  • Publicly traded Brazilian financial services company with presence in 9 jurisdictions in Europe, Asia, and the Americas, assessing and measuring opportunities and risks, and implementing risk controls with respect to restructure of its international operations, investment in supply chain financing electronic platforms in numerous jurisdictions in Europe, North America and Latin America, and cross border lending operations. Also provide support with respect to board trainings, assessment of litigation risks and representation in litigation, assessment of potential liability with respect to certain transactions, acquisition and surrender of licenses in North America and Asia, informal inquiries and subpoenas from regulators, digital services agreements, custody agreement, major software license and services agreements, credit facilities agreements, in addition to corporate, financial services regulations, sanctions, data privacy, record retention, bankruptcy and employment matters.
  • European private bank with subsidiaries in Latin America providing support with respect to alternatives to establish potential presence in the US,  financial regulatory matters, internal investigations, assessment of risks and mitigation of risks with respect to its Latin America subsidiaries' cross border activities.
  • Brazilian investment management company with presence in the United States with regulatory and employment matters.
  • American bank providing support with respect to garnishments in multiple jurisdictions involving Office of Foreign Asset Control blocked accounts, data security disputes, sanctions, credit facilities, and fund transfers recovery.  
  • Brazilian securities brokerage firm with presence in the United States with respect to the implementation of cross border digital business. 
  • Public global financial institution headquartered in New York, with respect to regulatory issues concerning its businesses in 12 jurisdictions, potential establishment of presence in certain jurisdictions in Latin America, and cross border litigation issues.
  • One of the largest investment banks in the world with respect to regulatory issues concerning its business in 6 jurisdictions in the Americas. 
  • Public global payment processor corporation headquartered in New York with respect to data privacy and regulatory issues in 17 jurisdictions. 

Professional Honors

  • "Client Choice Banking Award for USA", Lexology, 2022
  • "Top 50 Women Leaders in Law," Women We Admire, 2022
  • "Shareholder Derivative Litigation Lawyer of the Year in Florida," The Lawyer Network, 2022
  • "Influential Business Woman," South Florida Business Journal, 2019
  • "On the Rise 40 Under 40," Daily Business Review, 2015

Professional Associations and Memberships

  • Brazilian-American Chamber of Commerce, Inc. - NY, Director (2022-present)
  • Brazil Foundation - Advisory Board Member (2022-present)
  • Brazilian-American Chamber of Commerce of Florida - Advisory Board Member(2016-present)
  • Financial & International Business Association - Director (2016-2023)
  • Brazilian-American Chamber of Commerce of Florida - Director (2012-2016)
  • Brazil Foundation - Director (2013-2016)

Admissions

  • U.S. District Court, Middle District of Florida~United States (2016)
  • U.S. District Court, Southern District of Florida~United States (2005)
  • Florida~United States (2003)

Education

  • Nova Southeastern University (JD, summa cum laude) (2003)
  • Broward Community College (Attended)
  • Faculdade de Direito, Milton Campos (Attended)

Languages

  • English
  • Portuguese
  • Spanish
  • Presenter, ESG Compliance and Risk, FEBRABAN Compliance Meeting, December 2022
  • Speaker, "Dissecting the Anti-Money Laundering Act of 2020 (cont.)," FIBA AML Conference, Miami, FL, 24 March 2021
  • Moderator, "Anti-Money Laundering Act of 2020," FIBA Webinar. Miami, FL, 11 February 2021
  • Moderator, "The end of LIBOR: What does benchmark reform mean for you?," FIBA Webinar, Miami, FL, 3 March 2020
  • Moderator, "Marijuana Related Businesses, Legislation, and Banking: Where is it and where is it going?," FIBA Webinar, Miami, FL, 24 February 2020