Consulting regarding environmental legislation and verification of company compliance.
Advice in the structuring and implementation of projects with the potential for pollution and securing the necessary operating licenses from environmental agencies.
Preparation of Administrative Defenses and Appeals to environmental agencies, as well as filing and accompanying suits in order to safeguard the Client’s rights;
Study of company environmental liability in the civil, administrative and criminal areas.
Concentration and Anti-Trust Acts (CADE)
Notification of Economic Concentration (consolidations, mergers and acquisitions) of companies and/or economic groups;
Consulting to identify acts that could restrict competition and investigations into violations of economic order;
Representation in suits relating to the abuse of economic power;
Representation in anti-competition litigation, investigations, negotiation of leniency agreements and TCCs with CADE, among others.
Compliance And Anti-Corruption
Implantation and enhancement of integrity programs (compliance), Codes of conduct and ethics for the prevention of corruption and anti-competitive practices, using the parameters under relevant Brazilian Law, as well as the UK Bribery Act, FCPA and international guidelines;
Development of specific compliance programs for regulated economic sectors, in order to comply with regulations specific to each sector;
Mapping of risks and areas most susceptible to illegal conduct or contrary to the laws and regulations applicable to the company;
Monitoring of administrative accountability suits – PAR and lawsuits in the defense of public and/or private agents involved in corruption investigations.
Holding of compliance and corruption training at all levels of the company, according to the characteristics and risks of each Company’s activity, in order to minimize frequent errors.
Negotiation and drafting of the various types of agreements to be executed in Brazil and abroad.
Structuring of agreements with specific contractual clauses to address the concerns and needs of the client.
Drafting of legal opinions on the validity and extension of responsibilities, duties and obligations as per contractual clauses.
Consulting via multidisciplinary team in Immigration Law, particularly for Brazilian and foreign companies that use foreign labor in the execution of their activities in Brazilian territory;
Procedures for requesting Brazilian visas for foreigners, both temporary and permanent;
Procedures for requesting a time extension;
Amendments/modifications to the visa type;
Drafting of documents necessary for visa request, such as the individual employment agreement, formation of companies and designation of directors in Brazil; preparation of services contracts, terms for cooperation or the transfer of technology using foreign labor; registration of foreign investments with Brazilian Central Bank – BACEN, etc., all in accordance with the Ministry of Justice’s National Immigration Board regulations;
Advice and guidance after the granting of foreigner’s visa, specifying the documents needed to receive the visa, in Brazil and abroad, and the foreigner’s obligations in relation to the Brazilian Police when returning to Brazilian territory;
Analysis of the client´s right (possession, ownership, dominion) and attributes, defining the characteristics and limits of proprietary right.
Analysis of real estate according to local legislation, City Statute, etc.
Consulting Real Estate Registries to check the registration or recording of deeds.
Drafting of real estate agreements consolidating property dealings, in the most varied forms, public or private, particularly purchase and sale, commitment to purchase/sell, donation, accord and satisfaction, secured fiduciary sale, mortgage, antichresis, leasing of property, built to suit, usufruct, right of building, real estate development, developer escrow account and, finally, real estate financing agreements (bank or using FGTS, for example).
Definition of real estate agreements in accordance with Consumer Law.
Structuring of agreements with specific contractual clauses to address the client’s concerns and needs.
Drafting of legal opinions on the validity and extension of responsibilities and duties as per the agreement.
Corporate Criminal Law
Drafting of opinions, consultations and presentations on corporate criminal matters;
Performance of due diligence;
Analysis of risks and representation strategies, in order to mitigate or minimize criminal implications;
Advice and filing of remedies to curb criminal practices in the company sphere;
Defense of company representatives and employees implicated in economic crimes (crimes against the national financial system, tax evasion, cartel, bidding crimes, money laundering, environmental crimes, crimes against consumer relations etc.), from the criminal investigation phase to the upper instances of the Judiciary;
Representation as assistant to the prosecution, in the defense of companies that have been victims of crimes, particularly financial crime, such as misappropriation, theft by deception and other frauds.
Planning and petition for Retirement and other benefits under the Social Security System (INSS) and the Civil Service Social Security System;
Social security benefit review request;
Monitoring of administrative and judicial suits;
Drafting of legal opinions and consultations related to social security issues;
Holding of lectures and seminars.
Intellectual/Industrial Property (INPI)
Legal and strategic consulting on trademarks and patents, copyright protection, unfair competition and transfer of technology.
Litigation related to Intellectual and Industrial Property rights.
Trademark registration, with research on the viability of the registration, and study of similar products.
Analysis, negotiation and registration of contracts with the National Industrial Property Institute (INPI).
Preparation of collection strategies tailored to client and debtor profiles, as well as the nature of the input credit;
Performance of out-of-court negotiations with public and private companies, with the aim of recouping complex input credits;
Implementation of strategies to reduce credit recovery time and the number of lawsuits;
Personalized analysis of the civil, criminal and administrative implications for administrators/managers responsible for payment of debt;
Formalization of agreed terms containing the undertaking of obligations in the event of new default, possible suspension of the supply/service contracted and the inclusion of personal guarantees and collateral, as well as monitoring of performance until full release from the debt;
Preventive consulting to identify deficiencies in internal billing and collection procedures that result in and/or aggravate the default, with a view to posterior adjustment and control;
Performance of detailed asset check of debtors and the lawsuits in which they may involved in, with the aim of locating funds available for payment of the debt;
Drafting of opinion on the feasibility of filing a lawsuit and its chances of success, based on an analysis of an asset check and consultation of procedure completed and of documents detailing the debt;
Training on extrajudicial collection of credits from private companies and public agencies, with the aim of preventing default and reducing the time for receiving credits.
Advice to companies that carry out or intend to carry out a regulated economic activity related to health, electrical energy, telecommunications, water and basic sanitation, oil and gas, the financial market, railways, etc.
Consulting in procedures for obtaining licenses, authorizations and permits from ANVISA, ANEEL, ANP, ANS, ANTT and ANATEL, among others;
Preparation of Defenses and Administrative Appeals to Regulating Agencies, as well as filing and accompanying suits to safeguard the Client’s rights;
Preparation and revision of contracts in the Regulated Contract Environment (ACR) and Unregulated Contract Environment (ACL) for electrical energy, registration of disputes with Distributors, ANEEL, ONS and Arbitration Chambers.
Preparation of opinions on regulatory matters
Due Diligence carried out by specialist team.
Relations With Government (Pppss, Government Procurement And Others)
Legal consulting and follow-up of bidding procedures for the contracting of goods and services, granting of public service concessions and Public-Private Partnerships;
Drafting of opinions concerning relations between companies and entities that comprise the Government;
Legal consulting in the management of administrative agreements, covering requests for economic-financial recovery, defenses in punitive suits, among others;
Legal advice to the bidding committees and assistance in the drafting of public notices, answers to challenges and requests for clarification, as well as consulting on the bidding process and administrative appeal decisions;
Filing and monitoring of lawsuits in order to safeguard the right of private companies and/or Government and the public agents involved;
Representation in civil investigations and civil suits in the accountability for acts of administrative impropriety, through the defense of public and/or private agents involved.
Defense of public and/or private agents in relation to the Municipal, State and Federal Accounting Court.
Legal consulting, monitoring of disciplinary administrative suits and filing of lawsuits to assert the statutory rights of civil servants.
Holding of lectures and training on bidding and administrative agreements, administrative impropriety and the civil servant, for the legal, commercial and technical body of the company and/or Government.
Conflict Resolution: Litigation Arbitration and Mediation
Representation in lawsuits in Brazil and France;
Legal advice and representation in national and international arbitration procedures, both ad hoc or institutional;
Approval and execution of foreign court and arbitration decisions;
Adoption of judicial remedy to ensure the effectiveness of the arbitration agreement;
Post arbitration litigation, actions for annulment of arbitration rulings;
Mediation, Settlement and Conciliation in national and international litigation.
CORPORATE – MERGERS AND ACQUISITIONS (M&A)
Drafting of corporate documents (by-laws, minutes, articles of organization, among others), in relation to any type of corporate entity (Ltd., Individual Establishment of Limited Liability, corporations, etc.), including non-profit organizations and foundations;
Registry of corporate documents with the respective public bodies;
Participation in general meetings and partners’ meetings;
Consulting in the definition of rules and principles of corporate governance;
Drafting of shareholder and quotaholder agreements, investment agreements, put/call option agreements, joint-venture agreements, etc;
Structuring, negotiation and implementation of purchase or sale operations, investment, creation of joint ventures, exchange or mix of shareholding or assets, as well as any form of corporate reorganization;
Structuring and implementation of reorganizations;
Implementation of public offers arising out of open capital company buy-out;
Performance of legal audits (due diligence);
Implementation of data room(virtual or physical);
Consulting in corporate disputes, both in the judicial and arbitration spheres;
Defense of the shareholder/quotaholder rights.
Advice/Preventive Consulting to Brazilian and foreign companies on labor matters, both routine and complex, increasing the predictability of possible risks, always geared towards mitigating their effects, and the limitation of companies’ financial exposure;
Consulting on Brazilian Labor Law (Individual and Collective labor law);
Negotiation and drafting of individual labor agreements, in two languages, for companies and foreign employees;
Drafting of other documents relating to hiring within the scope of the Consolidation of Labor Laws – CLT, such as routine employment documents and documents of greater complexity, including variable compensation programs, internal policies, rules for the granting of benefits, etc.;
Participation in collective bargaining, as well as drafting Collective Labor Agreements;
Representation in administrative and judicial labor litigation, above all in matters that are strategically relevant to the client, whether due to ongoing debate not yet ruled on by the Judiciary, the considerable economic value involved, or the significant impact the final decision could have on the company’s routine and mission.
Analysis and information on tax operations, procedures inherent to legislation to be applied, providing effective support in national and international tax issues;
Drafting of studies/analyses of national legislation and all material relating to Federal, State and Municipal taxes and contributions;
Drafting of Legal Opinions, Tax Consultations and Tax Planning, including in reorganization processes and from an international taxation perspective;
Judicial and Administrative Litigation in taxation matters relating to Federal, State and Municipal taxes and contributions;
Drafting and monitoring of requests, official letters and applications to the Treasury Agencies in all their instances, and;
Participation in Due Diligence, focusing on tax risk assessment in general.