We offer advice in all areas of competition law, from advice on everyday business practices to complex aspects of economic concentration operations and investigations of anticompetitive conduct, among other services, such as:
- Defense of operations before the competition authorities;
- Competitive risk assessment;
- Elaboration of notifications for operations of high complexity;
- Compliance and training;
- Antitrust litigation;
- Control of economic concentrations;
- Due diligence and audits;
- Investigations of anticompetitive practices;
- Negotiation of requests and leniency agreements;
- Leniency agreements;
- International investigations.
We advise financial institutions, sponsors of capital, individuals and corporate clients in the most diverse demands and banking operations. Among other activities, our advisory services include:
- Asset-based loans;
- Structuring of guarantees;
- Commodity Financing;
- Funding based on investment grade;
- Structured financing;
- Renegotiation of debts;
- Real estate transactions;
- Establishment of financial institutions in Brazil and obtaining licenses;
- Establishment and follow-up of compliance programs focused on the financial sector;
- Structuring of securitization funds and instruments;
- Structuring and registration of derivatives;
- Interbank financing;
- Loan and leasing operations;
- Credit recovery;
- Sale and purchase of portfolios;
- Debt notes;
- Loans and issuance of bonds in the local market;
- Loans and participation in issues of securities in the international market;
- Syndicated loans;
- Court Enforcements.
We have expertise in problems related to foreign trade and trade defense, representing domestic producers, importers and foreign exporters in local, regional and multilateral issues, among other demands, such as:
- Anti-circumvention;
- Dumping;
- Public interest;
- Origin gooods investigations;
- Safeguards;
- Subsidies;
- Technical barriers;
- Tariff classification;
- Export control;
- Licensing scheme;
- Customs valuation;
- Other import and export procedures.
We advise our clients on various needs related to business immigration and international business, acting on strategic demands for compamies, among other services, such as:
- Obtaining work permits and work visas;
- Preparation of documentation required by local authorities;
- Elaboration of international labor contracts;
- Elaboration of international service contracts;
- Technology transfer;
- Importation of skilled labor;
- Corporate, tax, labor and intellectual property issues related to international business;
- Assistance to international business and transactions involving the Brazilian exporting or multinational Brazilian company, as well as advising on the internationalization of Brazilian companies;
- Advising foreign clients to operate in the Brazilian market or in businesses involving Brazilian law.;
- International Collections;
- Foreign investments in Brazil and abroad;
- Registration of operations in general with the Central Bank of Brazil;
- Enabling and reviewing RADAR.
We have extensive experience in advising and representing national and international clients in all stages of the negotiation process. We adopt an interdisciplinary approach in the process of defining the contractual structures most appropriate to the individual demands of our clients. We work from the confection, revision and negotiation of contracts, such as:
- Preliminary contracts;
- Amendments and breaks of the contracts;
- Chartering contracts;
- Agency and distribution contracts;
- Joint venture, franchise and service provision;
- Supplies, transport, rental and leasing;
- Confidentiality agreements;
- Purchase and sale of goods;
- Construction contracts;
- Contracts;
- Insurance contracts;
- Related searches;
- Purchase and sale contracts and contract of sale of goods;
- Consulting contracts;
- Brokerage contracts;
- Commercial representation, commission and consignment contracts;
- Supply contracts;
- Warranty agreements;
- Lease, rental and lending agreements;
- Heads of agreements, term sheets, pre-contracts, memorandum of understanding and protocols of intent.
We are able to meet the needs of our clients in the most diverse services related to admiralty issues, as well as to provide advice on aspects of Regulatory Law, within the scope of the interest of private companies, among which include:
- Acting in the administrative and judicial spheres;
- Advice to shipowners, charterers and cargo agents;
- Acting in terminals and port operators, insurance companies, among other companies in the segment;
- Acting in administrative procedures within the scope of the Maritime Court and the Captaincy of Ports;
- Specialized monitoring and conduction of processes resulting from leakage of oil, chemicals, ballast water and other substances at sea;
- Administrative fines and public civil actions before the Federal Court;
- Elaboration, review and analysis of transport contracts, charter contracts, agency contracts and bills of lading;
- Acting in judicial and arbitration proceedings related to the gross failure, shipwreck, collision, shortages and damages of loads;
- Defense in judicial and arbitration proceedings of ship and cargo arrest, maritime protest, crew and stevedores accidents, freight collection, demurrage and detention;
- Elaboration of opinions on admiralty legislation, international conventions and agreements;
- Consulting in regulatory matters, including advice and representation of companies before regulatory agencies, such as ANATEL (telecommunications), ANEEL (electric power), ANP (oil and gas), ANTAQ (maritime transport), ANTT (terrestrial transport) and ANVISA ( health), among others;
- Planning and structuring of business operations aligned with regulatory aspects;
- Elaboration and negotiation of contracts and agreements containing clauses covering regulatory aspects;
- Elaboration of opinions on regulatory issues;
- Advisory and representation of companies in proposals and high-level public bidding processes related to public-private partnerships (PPPs), concessions, permissions and authorizations;
- Elaboration and analysis of contracts and administrative agreements established with the government;
- Assistance during the execution of public contracts;
- Representation of companies in litigations involving public bids and public administration issues;
- Elaboration of opinions, risk assessments, strategies and policies related to public administration issues;
- Direct negotiations with government agencies.
We have put together indispensable conditions for the analysis of the viability and convenience of a judicial recovery process, working with independent multidisciplinary teams, combining the actions of the financial and accounting areas with the tax and forensic practice, offering, among other services:risk areas and protection against risks associated with succession in issues related to anticorruption;
- We have put together indispensable conditions for the analysis of the viability and convenience of a judicial recovery process, working with independent multidisciplinary teams, combining the actions of the financial and accounting areas with the tax and forensic practice, offering, among other services:
- Assistance in the recovery of credits, including negotiation with the entrepreneur in crisis and restructuring of debts, or, not obtaining the composition of interests, the collection and enforcement of contracted guarantees;
- Coordination of the financial restructuring program of the entrepreneur in crisis via global agreement with creditors, judicial recovery or extrajudicial recovery, through the interlocution with the different teams of professionals;
- Elaboration and negotiation of bilateral and plurilateral legal instruments with creditors, associative entities and other agents related to the crisis of the entrepreneur;
- Defense of the interests of the businessman in crisis, with the elaboration and negotiation of a judicial recovery plan, together with the other professionals allocated by the client for this purpose;
- Advising and supporting the litigation team regarding the merits of the issues to be addressed in the proceedings and the construction and implementation of the legal argument and strategy to be adopted;
- Participation in judicial or extrajudicial hearings, meetings of creditors and general assemblies of creditors, if it is necessary, carrying out the previous diagnosis of the situation;
- Elaboration and negotiation of extrajudicial legal instruments for greater efficiency in the approval of the recovery plan.
- Defense of the interests of creditors involved in judicial reorganization, extrajudicial or bankruptcy proceedings, including the authorization of credit and participation in general meetings of creditors;
- Consulting in pre-litigation strategies for the prevention or composition of litigation. Preparation of memoranduns or opinions.
We offer services in several areas related to corporate integrity and compliance and we have been assisting clients on matters that may involve anticorruption, fraud, securities, as well as providing general advice on compliance issues and programs, among others:
- Internal investigations and audits related to potentially irregular practices adopted by companies or its members;
- Due diligence and audits in M&A transactions, encompassing identification of; risk areas and protection against risks associated with succession in issues related to anticorruption;
- Negotiation of contractual clauses in compliance with anti-bribery statutes;
- Development and implementation of compliance procedures and routines;
- Drafting, revision and implementation of codes of ethics and ethical standards;
- Lectures and staff training;
- Refinement of internal controlling systems and audits;
- Contract review;
- Development and implementation of best practices;
- Creation of reporting channels;
- Compliance and training;
- Criminal and administrative corporate defense;
- Crisis management;
- Due diligence and audits;
- Fraud investigation;
- Money laundering investigation;
- Preparation and revision of codes of ethics;
- Pro-ethics register;
- Risk assessment.
We are widely recognized for our experience in estate planning, with the aim of simplifying successions, mitigating or even avoiding any disputes between heirs, considering the legal and tax aspects involved in each type of operation, acting, among other services, in the following areas of Family Law:
- Matters related to income tax;
- Procedures for change of residence;
- Investigation of paternity or other relations of kinship (examination of DNA and others);
- Stable union and dissolution of stable union, consensual or litigious;
- In and out of courts divorces, consensual or litigious ;
- In and out of courts probates, whether consensual or disputed, including, when necessary, negotiations related to the sharing of inventoried goods, in order to shorten the conclusion of these processes;
- Change of property regime (in marriage);
- Interdiction and supported decision making;
- Other types of family law related proceedings, such as alimony for pregnancy period; parental alienation; adult manipulation, request, revision or release from alimony obligations;
- Incorporation of family holding companies;
- Advance directives in life, such as a durable mandate and living will, for example, to provide for acts to be performed in cases of temporary incapacity (prolonged hospitalizations and others);
- Public deeds of emancipation;
- Public deeds of stable union and dissolution of stable union;
- Public or private wills;
- Restrictive clauses in donations and wills, such as prohibition to seize or dispose, not commingling and reversion clauses;
- Qualification for weddings, with or without the celebration of prenuptial agreements;
- Institution of voluntary family property;
- Institution of usufruct;
- Negotiations related to the sharing of assets, the rules applicable to the custody of children and the payment of alimony, both in divorce and in dissolution of stable unions;
- Offshore vehicles, including funds, PICs, trusts in several jurisdictions ;
- Assets’ division during lifetime or advance or forced heirship to the extent possible ;
- Donations as advance of the forced heirship and/or the disposable part;
- Restructuring of family businesses;
- Repatriation of fund.
We have wide expertise in civil liability and torts, including lawsuits for conflict prevention and compensation for moral and material damage, such as:
- Air Accidents;
- Accidents in Construction;
- Traffic-accidents;
- Accidents in the Oil Area;
- Abuse of the Press;
- Medical error;
- Defective Medicines and Pharmaceutical Products;
- Banking and Financial Institutions Liability;
- Business torts;
- Catastrophic injury litigation;
- Consumer product liability defense;
- Defamation;
- Drug and pharmaceutical product litigation;
- Civil Liability for fraud and negligence in general;
- Governmental immunity and liability;
- Insurance coverage and disputes;
- Intentional torts, including wrongful death;
- Medical device litigation;
- Motor vehicle negligence and no-fault;
- Personal injury, including wrongful death cases;
- Professional liability (including insurance, accounting, legal and medical malpractice);
- Toxic and mass torts;
- Warranty litigation.
- Acquisition of Real Estate and Real Estate Development;
- Allotments and Dismemberments;
- Purchase and sale of forest assets, urban and rural properties;
- Commercial and residential developments;
- Hotel and leisure developments;
- Assistance in the structuring of hospitals, medical facilities and shopping centers;
- Merger and acquisition transactions specifically related to real estate;
- Structuring of industrial parks and infrastructure projects;
- Projects developed through public-private partnerships;
- Evaluate the feasibility of real estate;
- Issue opinions on the most diverse themes of the real estate segment;
- Conduct real estate asset audits;
- Commercial Real Estate Developments;
- Residential and rural developments;
- Real estate and equity investment funds;
- Securitization of real estate receivables;
- Purchase and sale and cancellation of property purchase;
- Contractual breach of contract and indemnification;
- Responsibility of the building contractor;
- Real estate investment advice;
- Reintegration, immission and maintenance of tenure;
- Rent review, renewal and enforcement;
- Miscellaneous issues involving condominiums;
- Mortgage, surety and conditional sale;
- Leases and evictions;
- Expropriation, misappropriation and easement;
- Built-to-suit and sale leaseback contracts;
- Surface property rights.
>We advise our clients on a wide variety of copyright issues for all types of intellectual works, in addition to defining safety strategies in contracts throughout the scope of intellectual property, including digital law, offering, among other services:
- Consultancy on the protection of creations in the scope of copyright, including copyright on the internet;
- Preparation and follow-up of requests for registration of works with the competent bodies;
- Development of strategies for use and protection of copyright;
- Elaboration of license, assignment and other contracts related to the exploitation of works and computer programs;
- Elaboration of opinions on issues related to copyright, software and publicity;
- Elaboration of oppositions and out-of-court notifications in cases of conflicts with third parties;
- Protection and defense of copyrights and action before CONAR;
- Assistance in applications for registration of software in Brazil with INPI;
- Software copyright protection;
- Strategic counseling on patent use and protection;
- Opinions on patents in all technological fields;
- Assistance in national and international patent applications;
- Acting in the PCT (Patent Cooperation Treaty);
- Analysis and advice on obtaining patents’s use authorizations;
- Acting in the resolution of conflicts and litigation in patents;
- Preparation and follow-up of the filing of a trademark application with INPI;
- Development of strategies for use and protection of the brand;
- Administration of trademark portfolios;
- Elaboration of oppositions and out-of-court notifications in cases of conflicts with third parties;
- Change of data, transfer of trademark, assignments, extension, renewal, expiration;
- Orientation and advice on the procedure of remitting royalties overseas;
- Elaboration of technology transfer contracts;
- Elaboration of licensing agreements and transfer of trademark, patent, image, software, design rights;
- Elaboration of franchise agreements and advisory services in franchising;
- Elaboration of contracts for the protection of business secrets;
- Acting in anti-piracy programs before the Judiciary;
- Combating unfair competition in the civil and criminal spheres;
- Consultancy on the protection of cultivars;
- Consultancy to obtain a National Register of Cultivars for its production and commercialization;
We work in extrajudicial means of dispute resolution, in the function of arbitrators and expert witnesses, working jointly with foreign offices in national and international arbitrations, involving different jurisdictions. Our practice encompasses acting in alternative forms of dispute resolution as a way to obtain the best result for our clients, such as:
- Abusive increase and cancellation of health plans;
- Negative prosthesis and denial of hospitalization;
- Unauthorized surgeries and undue charges;
- Provision of medicines and home care;
- Civil liability in the collection and storage of stem cells;
- Litigation related to assisted human reproduction;
- Litigation related to replacement gestation;
- Establishment of companies and licensing of facilities;
- Joint ventures and strategic alliances, including Productive Development Partnerships (PDPs) involving technology transfer;
- Preparation and review of contracts and medical terms;
- Development, manufacturing, supply and distribution contracts;
- Registration of products before the National Agency of Sanitary Surveillance (ANVISA);
- Administrative defenses against infractions, orders and decisions issued by health authorities and the Ministry of Agriculture (MAPA);
- Legal assistance related to clinical studies and post-clinical study obligations;
- Legal assistance related to Good Manufacturing Practices (GMP);
- Marketing rules and restrictions;
- Disputes involving medical and dental error;
- Lawsuits filed aginst clinics and hospitals;
- Indemnity lawsuits for expectations of aesthetic result;
- Administrative proceedings in the most professional entities.
We work in extrajudicial means of dispute resolution, in the function of arbitrators and expert witnesses, working jointly with foreign offices in national and international arbitrations, involving different jurisdictions. Our practice encompasses acting in alternative forms of dispute resolution as a way to obtain the best result for our clients, such as:
- Representation in international and local disputes;
- Acting in national and international arbitration proceedings;
- Elaboration and review of arbitration clauses;
- Proposed judicial measures preparatory and incidental to arbitration;
- Representation of domestic and foreign clients in the process of ratification of foreign arbitration awards;
- Consultancy and legal advice in the preparation and drafting of arbitration clause and arbitration agreement and in the indication of the appropriate entity to administer the procedure;
- Proposed legal measures prior to the initiation of arbitration and action to conclude the arbitration agreement
- Representation of clients in arbitration proceedings in Brazil and abroad;
- Enforcement of arbitration awards;
- Representation of clients in negotiations and conciliation and mediation procedures.
We advise national and international companies during all phases of negotiations in national and transactional corporate matters and during the entire life cycle of their business. We act in the defense of the interests of our clients, in the most diverse demands of corporate law, providing the most distinguished services, among which:
- Elaboration of shareholders' agreements;
- Elaboration and / or modification of contracts and bylaws;
- Elaboration of minutes of assembly and meeting of quotaholders;
- Elaboration of consortium contracts;
- Creation of associations;
- Structuring of joint ventures;
- Guidance and elaboration of corporate reorganization projects;
- Advisory services of minority or majority shareholders in corporate matters;
- Formation of off shore companies;
- Conduct due diligence in companies that are undergoing acquisition processes or others that require such activity;
- Mergers, acquisitions and divisions of companies;
- Elaboration of all corporate documents necessary for commercial companies;
- Contract for the purchase of shares;
- Shareholders' agreement;
- Creation of joint ventures;
- Recapitalizations;
- Processes of negotiated acquisition of companies;
- Investments in private equity funds and asset purchases.
Our firm has extensive experience to advise our clients on the most diverse labor issues, both in the litigation area and in the advisory area, acting in several demands of labor law, of which we can highlighted:
- Assistance in judicial and administrative proceedings, with follow-up of proceedings in all instances and before the higher courts;
- Preparation of detailed reports due to legal risks and prospect of loss;
- Conduct of collective bargaining;
- Risk analysis through preventive and proactive audits in the areas of labor law;
- Consultancy related to labor planning and human resource management advice;
- Elaboration of opinions and answers to labor consultations;
- Development of projects to reduce labor liabilities;
- Elaboration of projects for outsourcing and creation of models of flexible journeys;
- Labor planning with elaboration of restructuring and complete labor planning;
- Elaboration of internal regulation of company, code of ethics and conduct;
-Management of the labor environment through the development and implementation of Security Service Orders;
-Review and adaptation of safety manuals and programs;
-Implementation and follow-up of projects to formalize the PPP;
-Development of managers through lectures on labor issues;
-Labor business compliance.
Our office has a team specialized in tax and customs matters, focused on multidisciplinary work, involving the financial, accounting and corporate aspects, acting in an advisory or contentious manner, in the following demands, among others:
- Analysis of complex issues involving the incidence of federal, state and municipal taxes;
- Elaboration of opinions, legal opinions and technical memorandum;
- Review of compliance with ancillary obligations and compliance with applicable legislation (tax compliance);
- Definition of the corporate tax strategy and practice of preventive actions;
- Analysis and implementation of operational or corporate tax planning structures;
- Corporate reorganizations to mitigate the tax burden;
- Structuring of external investments;
- Receipt of contributions from third parties;
- Lawsuits in the various courts and tribunals, including acting before the higher courts;
- Acting in administrative processes before the administrative sectors of federal, state and municipal authorities;
- Proceeding in administrative proceedings before the Administrative Council of Tax Appeals (CARF);
- Customs Review;
- Planning and organization of administrative actions for the acquisition of used goods;
- Authorized Economic Operator (OEA);
- Drawback;
- Customs and international litigation;
- Ex-tariff;
- SISCOSERV.