Practice Areas

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◊ Administrative

We represent our clients in administrative or judicial procedures involving public service, public servants and State’s liability.

We provide full counseling in government procurements, either governed exclusively by Brazilian law or also in accordance with the BID and BIRD guidelines. Counseling includes analysis of bidding papers, counseling on how to prepare documents, participation in public audiences where documents are submitted to the public authority; drafting and submission of appeals in both the administrative sphere and upon judicial courts.

Analysis and interpretation of administrative contracts, including concession agreements and regulated sector.

◊ Antitrust

Counseling on Brazilian antitrust legislation and acting before the antitrust agencies. We represent clients on a regular basis before the Brazilian equivalent to the US Federal Trade Commission (CADE) as well as before the other agencies dealing with antitrust in Brazil (SEAE).

◊ Compliance and Corporate

Drafting, implementation and review of Codes of Conduct and Compliance

Programs, based on the methodology inspired by the seven elements provided in the US Federal Sentencing Guidelines: structuring of standards, procedures and policies, establishment of the right program oversight, reporting relationships, and methods for personnel screening, training and communication, compliance check, effectiveness assessment, and proper mechanisms to respond to and remediate problems.

Risk assessment based on principles laid down in the FCPA and the UK Bribery Act, with focus on mergers and acquisitions of companies, consortia, joint ventures and hiring of third party intermediaries. Third Party Auditing (suppliers and service providers), with focus on environmental, labor, social and reputational risks, such as forced and child labor.

Contract auditing, from the quoting process to the delivery of products and/or services.

Fraud forensic investigation, corporate intelligence and corporate dispute support, crisis management and asset recovery in Brazil and abroad.

◊ Consumer protection

General counseling,; analysis of issues on consumer law protection in negotiation of contracts and commercial transactions; administrative procedures before the “Consumer Protection Agency” (Procon); litigation; negotiation of solutions in consumer relationships; analysis and planning of legal aspects related to recalls; advertisements and marketing strategies.

◊ Contracts

We have experience in negotiate and draft general commercial contracts, such as agency agreements, distribution agreements, as well as contracts of specific transactions such as transfer of shares agreements in a M&A scenario or project, credit and guarantee agreements in project finance.

◊ Family and Estate Planning

Inheritance transmission procedures before administrative bodies and Brazilian courts; Estate and succession planning.

◊ Corporate

Corporate planning, incorporating companies, drafting by-laws, company restructuring. Creating joint ventures; assisting clients in mergers and acquisitions; due diligence.Consulting in issues involving capital market and procedures before Brazilian equivalent to Federal Securities Commission (CVM).

◊ Real Estate

Full real estate law legal counsel. Drafting different agreements in transactions such as purchase, lease, including or not mortgage agreements. Drafting the regulation of condos. Due diligence on the documentation of the real estate property; risk valuation. Expertise in litigation in several aspects of real estate matters.

Consulting in insurance operations and financing related to real estate such as real estate debentures, real estate hedge funds, and REMICs.

◊ Financing

Answers to questions in applicable Brazilian law, due diligence and counseling in the negotiation, developing and drafting agreements and legal opinions in regular banking deals; through the equity or debt offerings in capital markets in Brazil or abroad; in project financing.

◊ Foreign Investment

All the legal activities related to foreign investment in Brazil; including the incorporation of companies; filing procedures of foreign investment upon the Brazilian Central Bank, remittance of profits, repatriation of capital, drafting of international agreements, technology transfer, trademarks and international technical assistance.

◊ Litigation and ADR

We have great experience in acting upon Brazilian courts in matters of civil law, commercial law, tax and labor law. We have also acted in negotiated solutions in ADR procedures.

◊ Labor

Consulting in Union conventions and agreements, general litigation for companies and Unions, focusing economics aspects involved and compliance with labor and security regulations. Consulting on labor aspects related to shut-down and acquisition of companies, relocation of employees and due diligence of labor obligations.

◊ Tax

Tax planning and advice, due diligence, evaluation of liabilities; tax litigation in both the administrative sphere and before Brazilian courts.