Practice Areas
Environmental Law
- Analyzes, recommendations, instrumentalization, regularization, defenses, oppositions, legal measures regarding the environmental aspects of properties, industrial plants, rural properties, properties with historical and/or architectural value, infrastructure projects and real estate ventures
- Preventive legal assistance, legal opinions and advice on strategy definition
- Lectures regarding questions, issues, policies, procedures, good practices and legislation
- Assistance in implementing a database on environmental legislation for companies
- Administrative defenses, manifestations and monitoring of expertise and contracted technical assistance
- Administrative processes for environmental licensing and environmental infractions
- Procedures for obtaining water outlets and forestry authorization
- Monitoring of environmental impact studies and reports and recovery plans
- Advising and monitoring the signing of commitment terms and conduct adjustment terms
- Legal consultancy and assistance in the implementation of legal conditions to obtain the Environmental Certification – ISO 14001 and implementation of the Environmental Management System – ISO 14001
- Legal consultancy and assistance in the implementation of legal conditions for compliance with environmental agreements entered into with associations, unions, entities, tax authorities, regulatory authorities and international bodies
- Supportive extrajudicial and judicial measures
Copyright and Entertainment Law
- Negotiation, preparation, review and following of contracts, authorization terms, licenses, assignments of rights, notifications, options, distribution, co-production and related to musical, artistic, photographic, literary, audiovisual and other works
- Legal support regarding biographical works, documentaries, scientific publications, technical literature and others
- Strategic and legal advice regarding negotiations and contracts
- Legal assistance regarding the rights of use of image, voice and name
- Legal assistance regarding the availability and use of information and digital content in general
- Support in plagiarism, counterfeiting, piracy and related situations
- Copyright registration and regularization legal support
- Copyright succession planning
- Administrative, judicial and extrajudicial litigation
Banking and Finance
- Negotiation, preparation, review and following of national and international financial contracts
- Structuring of guarantees
- Legal assistance on debt renegotiations
- Legal assistance on foreign investments in Brazil
- Legal assistance on regulation of the National Financial System and Means of Payment
- Administrative proceedings with the Central Bank of Brazil
- Extrajudicial and judicial support measures
Consumer Law
- Representation and management of administrative and legal proceedings involving consumer disputes: filing of lawsuits, defenses, appeals
- Assistance in the preparation of operational manuals, terms of use, terms of warranties, exchange policies, contracts and other instruments
- Advising on matters brought to the attention of the bodies in charge of consumer protection (Procon), Public Prosecutor’s Office (Ministério Público), Consumer Police Stations (Delegacias do Consumidor), Special Civil Courts (Juizados Especiais), Common Courts (Justiça Comum), Conduct Adjustment Term, among others
- Monitoring of civil inquiries, administrative and judicial proceedings involving complaints and claims for compensation, generally
- Preventive assistance to customer service services of companies, review of contracts, guidance on the legal aspects of campaigns and public material
- Assistance in order to reduce the risk of repetitive demands, especially fraud through the use of fake websites, WhatsApp, and other messaging applications
Litigation and Arbitration
- Identification and analysis of liabilities and contingencies of civil and business nature, as well as risk classification, recommendations regarding provisions and respective solution or liabilities administration
- Coordinated action with the other areas of the office: corporate, environmental, real estate, contracts, data protection and cybersecurity, copyright, banking, finance, among others
- Consulting in conflict prevention, advising the client with an emphasis on mitigating liabilities and damages
- Participation and assistance in alternative conflict resolution, such as mediation and arbitration, including direct intervention with the conflicting party
- Preparation of legal opinions arising from consultations on the feasibility of proposing a lawsuit with an eventual indication of its chances of success
- Interface with consumer protection agencies, regulatory agencies and the Public Prosecutor, as a way to prevent litigation
- Client’s representation in all judicial and administrative instances throughout Brazil, with drafting and review of procedural documents, holding hearings and oral argument in the courts, including the filing of appeals before the Supreme Court and Superior Court of Justice
- Litigation consultancy to companies, developing mapping of ongoing processes and positioning on the feasibility of carrying out specific campaigns in order to reduce the company’ process history, whether in the position of plaintiff or defendant
- Conducting litigation work with focus on results, seeking to reduce the average ticked of the processes, through strategies previously defined with the client
- Development of strategic litigation with the alignment and definition of the most appropriate procedural thesis to defend the client’s interests
- Process monitoring system, optimizing clients’ requirements, with the possibility of creating indicators and parameters for a better definition of sensitive points that enable better results
- Action aimed at conducting the pre-arbitral phase as a means of trying to avoid the litigious phase, but also acting in the litigious arbitration phase, participating in all phases of disputes, according to the regulations of the main national and international arbitration chambers
Contracts
- Negotiation, preparation, review and following of contracts related to business, commercial, consumer, civil, consumer, digital market, information technology, agrarian, copyright, environmental law, entertainment, intellectual property, finance, real estate, patrimonial planning, succession, among others
- Negotiation, preparation, review and following of contracts to new business models, technologies and complex business
- Negotiation, preparation, review and following of pre-contracts, memorandum of understanding, letters of intent, preliminary commitments, proposals and related instrument
- Analysis and adjustments of foreign contracts to the Brazilian legislation and market
- Legal opinions, assessments related to risks and contingences of contracts duly executed or to be executed
- Negotiation, preparation, review and following of termination instruments
- Legal assistance in strategy related to termination and measures regarding unfulfillment of contracts, preparation of notices, responses to notices, agreement, quittance documents and related instrument
- Legal assistance regarding demobilization strategy resultant from contractual termination
- Legal assistance related to contracts management, with the use of registration software, file and electronic organization of contractual terms, documents necessary to fulfill the contracts
- Judicial and administrative measures
Compliance
- Legal assistance to national and foreign companies and investors
- Structuring of Integrity Programs, with the complete adaptation of companies to the Anti-Corruption Law, FCPA, UK Bribery, General Data Protection Law (LGPD)
- Legal assistance in the investigation and leading of the Disciplinary Committee
- Assistance in order to obtain certifications
- Legal Due diligence
- Legal assistance related to risk diagnosis and mapping and establishment, as well as monitoring of indicators
- Lectures related to questions, issues, policies, procedures, good practices e legal aspects related to compliance
- Negotiation, preparation, review and following regarding to contractual clauses
- Preparation and review of conduct codes, policies and procedures
- Assistance in the structuration and leading of the Integrity Committee
- Legal assistance regarding subjects related to compliance
- Judicial and administrative measures
Business and Startup Structuring
- Structuring and incorporation of new business and startups
- Legal multidisciplinary assistance during the process of implementation, development and continuity of the business
- Negotiation, preparation, review and following of contracts and instruments
- Legal assistance related to tax, labor and civil assistance, including in any legal or administrative litigation
- Structuring, negotiation and implementation of different forms of investments, partnerships and joint ventures, in Brazil and abroad
- Negotiation and drafting of quotaholders or shareholders agreement
- Advising on the divestment of the departure of founders or investors
Family and Sucession
- Assistance in the preparation of prenuptial agreements, non-marital partnership agreements, separation, divorce, maintenance agreements, agreements between lovers, agreements in homo-affective relationships, among others
- Acting in inventories, enlisting, division of assets, appointment of executor, lawsuit for waiver of obligations, reduction or increase of alimony, removal of executor, accountability, interdiction of incapable, among others
- Preparation of studies, opinions and responses to queries aimed at preventing legal disputes
- Assistance in the preparation of emancipation, wills, last will provisions, donations, usufructs and asset protection clauses
- Advising, conducting and resolving disputes relating to the dissolution of marriage and non-marital partneship, regarding family, pecuniary and property aspects, including sharing of assets, alimony, custody and visitation of children, among others
- Advising and forwarding issues relating to paternity, non-marital partnership, property regime, possible extinction, repercussions on heirs and conducting the respective division of assets in the inventory
- Advising on the implementation, negotiation and implementation of projects for the structuring and protection of family assets, including succession planning, preparation of family protocols, contracts, incorporation of companies, assignment of property rights, commitments, wills, purchase options, among other instruments
- Representing clients on judicial litigation related to family and succession disputes
Investment Funds
- Incorporation and registration of investment funds:
- Equity Investment Funds — FIPs
- Receivables Investment Funds – FIDCs
- Real Estate Investment Funds – FIIs and other funds; and
- Legal assistance regarding the regulation of investment funds
- Legal assistance related to the re-advising in the registration of managers of securities portfolios with the Brazilian Securities Commission – CVM.
Mergers and Acquisitions
- Advising national and foreign companies and investors with negotiation, structuring, contracting and implementation of projects and ventures
- Legal assistance on purchase and sale of equity interests and assets
- Structuring and implementing joint ventures, partnerships, corporate restructuring (mergers, splits, drop off), consortia and strategic alliances
- Legal support in the structuring of operations
- Preparatory measures for operations
- Negotiation, preparation, review and following of contracts and other legal instruments relating to support operations
- Legal due diligence
- Post closing assistance
- Judicial and extrajudicial support measures
Real Estate
- Advice to individuals, companies and national and foreign investors regarding real estate operations
- Built to suit, construction contracts, partnership contracts for real estate projects
- Incorporation of SPE – Special Purpose Entity, Silent Partnership (SCP – Sociedade em Conta de Participação), joint ventures, partnerships, consortia and other instruments in the structuring of real estate businesses
- Purchase and sale, lease, special adverse possession (usucapião), lending, donation, permutations, transfer of something in lieu of payment, commercial and industrial space sharing agreements, industrial leases, agricultural partnerships, contract work, rights of use, surface and easement
- Negotiation, preparation, review and following of rural real estate businesses: agricultural partnerships, contracts, rural leases, seed production contracts, future crop contracts, area maintenance contracts, carbon credit contracts, among others
- Legal advice on the regularization of property rights, possession and use of real estate
- Legal advice on the constitution of real and fiduciary guarantees
- Preparatory measures and structuring of real estate transactions
- Real estate due diligence
- Judicial and extrajudicial support measures
Succession Planning and Property Protection
- Legal advice on succession planning and asset protection for businessmen, senior executives and their families
- Analysis and legal advice of legal structures, tax and operational efficiency, as well as implementation of planning for purposes of preservation, succession and expansion of family assets
- Negotiation, preparation, review and following of prenuptial agreements, measures to change the regime, coexistence agreements, contracts and deeds of non-marital partnerships, notarial acts, powers of attorney, donation contracts, wills, incorporation of usufructs (rights of use and financial exploration), and establishment of clauses blocking family assets, establishment of restrictive availability clauses, among others
- Legal assistance regarding compliance with tax and regulatory obligations in Brazil, such as Annual Income Tax Adjustment Declaration, registration in the RDE-IED system of the Central Bank of Brazil and preparation of the Declaration of Brazilian Capital Abroad – DCBE to the Central Bank of Brazil
Data Protection and Cybersecurity
- Legal assistance to national and foreign companies
- Legal assistance on structuring Data Protection Programs, with the complete compliance of companies with the General Data Protection Law (LGPD)
- Legal assistance on data protection diagnosis
- Lectures on issues, policies, procedures, good practices and legislation to the General Data Protection Law (LGPD)
- Legal assistance on the adequacy and review of instruments and contractual provisions to the General Data Protection Law (LGPD)
- Preparation and review of codes of conduct, policies and procedures in light of the General Data Protection Law (LGPD)
- Legal consultancy in structuring and conducting the activities of the Data Protection Committee
- Legal assistance on topics related to information security
- Judicial and extrajudicial support measures
Judicial Recovery and Bankruptcy
- Assessment of the situation of debits and credits of companies, existence and effectiveness of guarantees, respective preferences and legal repercussions. Evaluation and execution of non-competitive credits, Eligibility of Credit, presentation of an opposition to the Judicial Recovery Plan, Opposition to Credit, participation in the General Meeting of Creditors, monitoring of credit payments
- Assistance in the definition of strategies by creditors to quantify credits, management, chances of receipt, risk. Classification of non-payment, monitoring of other creditors, the profile of their credits, guarantees and measures taken, recommendations on measures
- Consulting and legal due diligence in the recovery of a company in financial difficulty, addressing procedural contingencies, banking, contractual, corporate, capital market, tax, social security, labor and civil liability issues
- Assistance in structuring the recovery and respective mechanisms, corporate and tax planning and financial operations
- Monitoring and representation of clients in judicial recovery actions and bankruptcy, with the judicial and extrajudicial measures
Credit Recovery
- Assessment of receivables or payables, classification of chances of success, risk classification, recommendations for provisioning, solution, negotiations with potential investors or negotiation for a payment plan agreement
- Negotiation strategy, search for alternative solutions to satisfy part or all of the credit: payment with assets and rights, exchange, establishment of guarantees, purchase options in the acquisition of equity interests, monitoring of receivables, among others
- Representation of clients in debt negotiations and legal support in liability management, preparation of agreements
- Reconciliation between extrajudicial collection and possible judicial collection
- Search to locate debtors, assets, companies related entities or individuals responsible for the debts, processes headed by other creditors, monitoring of disposal of assets, among others
- Representation of the creditor in judicial recovery processes, bankruptcies, liquidations, collections, monitoria (“monitória”) lawsuits, executions, lawsuits related to disregard of legal entity, among others
- Judicial measures aimed at obtaining urgent relief and evidence to urgent cases, among others supporting judicial measures
Corporate
- Legal assistance to Brazilian and foreign companies and investors
- Legal assistance regarding structuring and incorporation of companies
- Negotiation, preparation, review and following of Bylaws, Minutes of Meetings, Articles of Incorporation, amendment to Articles of Association, calls, subscriptions, debenture deeds, corporate books, shareholders agreements, vote agreements, purchase options, among others corporate documents
- Corporate strategies for the prevention of contingencies and risks
- Representation of shareholders or quotaholders at meetings
- Representation of shareholders and partners at meetings
- Legal assistance on corporate strategies to prevent contingencies and risks
- Legal assistance on the implementation of corporate governance instruments
- Corporate restructuring, mergers, incorporations, splits and transformation of companies, asset drop down
- Transfer and investments through assets
- Regularization of books and corporate records
- Legal advice in judicial and extrajudicial disputes between shareholders and investors
- Dissolution and liquidation of companies
- Representation in administrative and other proceedings before regulatory and self-regulatory bodies
- Legal assistance on compliance with regulatory obligations in Brazil, such as registration in the RDE-IED system of the Central Bank of Brazil and preparation of the Declaration of Brazilian Capital Abroad – DCBE to the Central Bank of Brazil
- Judicial and extrajudicial support measures
Technology and Digital Business
- Legal advice to national and foreign companies and investors in structuring and conducting digital platforms and businesses, including corporate structuring, legal adequacy, drafting legal instruments, prevention of contingencies and risks, protection of intellectual property, among others
- Preparation of operations support contracts, including contracts for the provision of technology services, non-disclosure agreements, assignment and licensing terms, partnerships, joint ventures, consortium, strategic alliances, among others
- Legal advice on compliance with the Brazilian legislation, including the General Data Protection Law (LGPD), the Civil Law for the Internet, the Civil Law for Startups, the Consumer Defense Code, among other norms
- Legal advice in structuring the Personal Data Protection Program, Information Security and combating digital fraud, including drafting and reviewing contracts, policies and procedures
- Legal due diligence
- Judicial and extrajudicial support measures
Labor
- Preparation of recommendations/guidelines policies, reopening of companies and offices face-to-face/remote work in order to guide employees and collaborators
- LGPD (Brazilian Protection Data Legislation) and impacts on labor relations
- Implementation of measures regarding the LGPD (Brazilian Protection Data Legislation) in the work environment, both with employees and legal entities – service providers, outsourced
- Preparation of data collection terms for both the pre-contractual and contractual phases
- Internal policy for disposing of employee data upon contract termination
- Free and express data collection consent form by employees
- General adaptations to LGPD (Brazilian Protection Data Legislation)
- Internal privacy policies explaining to employees how data is processed by the human resources department, what measures are taken to protect employee information and who has access to the data
- Representation in litigation and advisory, with an emphasis on the business sphere, throughout the national territory
- Consultations and opinions, getting directly involved in the company’s work routines, with monitoring and review of the procedures adopted
- Focus on preventing legal proceedings, as well as reducing operating costs and, consequently, minimizing conflicts
- Advice on hiring foreign employees
- Advice regarding the implementation or reform of employee incentive plans, career plans, options to purchase equity interests by executives, salary plans, goals, incentives and benefits, variable compensation plans, profit sharing plans, plans for voluntary resignation
- Advice regarding compliance and union agreement of applicable categories, identification of applicable categories
- Labor legal due diligence
- Workshops and training lectures in companies to clarify issues, policies, procedures, good practices and labor legislation
Tax
- Legal tax due diligence
- Analysis and assistance regarding tax efficiency of operations, guided by legality and good practices
- Identification and analysis of tax liabilities and contingencies, as well as risk classification, recommendation regarding provisioning, solution or administration
- Assistance, preventive consulting, administrative and judicial litigation regarding direct and indirect, federal, state and municipal taxes
- Assistance regarding tax regimes – special or not, and adherence to federal, state and municipal tax installment plans
- Assistance regarding tax incentives and benefits
- Legal opinions, consultancy and recommendations regarding tax transactions
- Assistance and monitoring of inspections
- Assessment and recommendations on tax theses
- Judicial and administrative measures