Civil Litigation and Counsel
In the vast field of civil law, in addition to broad knowledge, our team members are prepared to provide highly personalized counsel. Our firm’s approach, whether in civil litigation or counsel, is to fully understand the situation in order to propose a solution that incorporates the best legal problem-solving approaches, while taking into consideration their financial and practical impacts.
In judicial litigation or arbitration, we are known for our expertise and litigation success. The personalized advocacy model allows us to submit the dispute to the courts (or arbitration) to greater effect. Various alternative approaches for presenting the conflict and the defense (such as organizational charts, graphs and audiovisual resources) improve the court or arbitrator’s understanding of the dispute, as well as help convince him or her of the arguments put forth.
Real Estate Law
As a subarea of civil law, real estate law has become highly important in the last few decades, especially because if its broad importance. The sophistication of operations (directly or indirectly) involving real estate justifies the prominence of real estate law. Our team is prepared to assist you even with the most complex real estate operations, such as developing multi-unit complexes, atypical rentals (built-to-suit and shopping center), secured fiduciary sale, coworking, time-sharing, dissolution of a condominium, registration questions, etc.
Our attorneys are qualified to provide litigation assistance and counsel.
Family and Estate Law
In recent decades enormous changes have taken place in family rights, including the recognition of new types of families and common-law unions.
Highly personalized counsel is essential in situations that involve family relations, as they go beyond merely financial or business repercussions. Our personalized, multidisciplinary services lead to better, more efficient results, minimizing the suits or appeals filed.
We provide a full range of services in the areas of family law and the law of descent and distribution: inheritance planning, wills, assistance with commingling selection and alteration, common-law marriage (and inherent contracts), divorce, guardianship of minors, alimony, (judicial and extrajudicial) probate, etc.
Mergers and Acquisitions and Corporate Law
1. Mergers and Acquisitions
We assist our clients during all phases of a merger, acquisition or investment. Our team has broad experience with large mergers and acquisitions in Brazil and abroad, including those involving private equity and venture capital funds. Our clients have been on both sides: the buyer or investor and the seller.
We prepare and negotiate all documents related to the purchase, sale, incorporation, and association of companies, among other operations, plus joint-venture agreements. We perform legal due diligence and structure operations for publicly traded and private companies.
We also have invaluable experience with angel investments and start-ups, preparation and negotiation of convertible loans and other structures common in this market niche.
2. Corporate Law
Common corporate law activities, such as preparation and negotiation of draft agreements and review of documents related to corporate legislation, such as articles of incorporation and operation, meeting and shareholder meeting minutes, subscription warrants, incorporation and split-off of companies, partial dissolution, private bond indentures, among others, preparation and negotiation of partner/shareholder agreements, (partial or total) liquidation and dissolution of companies.
In addition to corporate law questions related to companies, we also provide services related to investments funds, in addition to legal advice for company restructuring and reorganization, family and inheritance asset planning and corporate consulting on a wide variety of topics.
1. Legal Advice
The Brazilian tax system is known for being among the most complex, whether due to its multilevel structure (federal, state and local), or due to the constant legislative changes and innovations. This makes tax advice extremely important for the day-to-day activities of a company.
We provide assistance to clients in a wide range of sectors, both in Brazil and abroad, regarding interpretation and application of tax legislation at the federal, state and municipal levels, in addition to legislation on social taxes and international taxation. We also provide support for developing and structuring measures to minimize tax burdens and identify tax benefits for our clients. Our assessments always take into account our client’s sector, in addition to administrative and judicial case law, in order to attenuate risks in relation to possible tax disputes.
2. Advice and Transactions
In addition to advice, our firm can assist you with strategic development of structures for consolidation, acquisition, disposal or corporate restructuring, in addition to transfer of investments, with the objective of identifying the tax consequences of these operations.
We feel that tax litigation is strategic for companies operating in Brazil. Our work focuses both on reducing tax burden and refund of taxes paid, and on measures to reduce liabilities by contesting notices of violation (at the federal, state and municipal level), through administrative and judicial means, and during auditing processes. We also develop special regimes, formal counseling and assistance with payment plans for taxes due.
We provide legal advice regarding all aspects of labor law for individuals and Brazilian or foreign companies of all sizes and in all sectors.
Our objective is to provide a broad, strategic, multidisciplinary and up-to-date view of all aspects of a situation, in order to facilitate decision-making. For this reason, our guidance is based not only on labor law, but also on case law trends and the positions of the courts and other agencies that affect labor relations.
Our advice is strongly preventive in nature. We assist our clients with routine human resources questions, preparing different kinds of employment agreements, studies and opinions. We also help manage risks and crises, and provide advice on implementing policies and practices with the highest ethical and legal standards. We find the most appropriate solution for your organization. We also support clients through audits, due diligence for mergers and acquisitions, and dealings of various types with unions, including collective bargaining.
Our services for individuals are mainly related to clarification on complex labor laws and the negotiation of extrajudicial agreements, including support for negotiations when an employee is terminated.
In addition to advice, our firm has considerable experience in labor litigation, including administrative and legal cases throughout Brazil.
In administrative cases, we litigate cases before the Labor Prosecution Office and the Ministry of Labor, supporting our clients in civil inquiries and defending them against notices of infraction and in round tables.
In judicial cases, our support goes far beyond simple litigation support. Our aim is to resolve conflicts in a manner that results in the smallest possible impact on the client, which includes convenience and cost-benefit analyses.
Our list of positive judicial labor dispute outcomes is impressive, and includes the negotiation of agreements.
Counsel and Litigation
We provide counsel on all criminal issues for both individuals and legal entities, as well as for judicial and administrative cases, throughout Brazil.
Since criminal law relating to businesses requires understanding of a variety of areas of law, we provide our clients with a unique range of services due to our experience and to the fact that our firm has such a broad range of specialties. The following services are provided:
- Preventive counsel to avoid situations involving criminal liability;
- Management of internal fraud investigation procedures in companies;
- Preventive action in operations involving the tax and accounting departments of a company;
- Development of preventive defense measures in police investigations, administrative cases and regulatory agency procedures;
- Development of defense points in court cases in all stages of the process;
- Preparation of appeals of medium to high complexity to courts and oral defense in different Brazilian courts.
With the advent of the Anticorruption Law, companies are now paying more attention to the area of compliance and corporate integrity. They now ask their service providers for a deeper analysis of their operations in order to forestall possible secondary non-compliance and, thus, mitigate the business risks involved.
Together with the multidisciplinary expertise of the firm’s partners, we have specialists with valuable experience in compliance. We provide assistance with all areas impacted by compliance demands, including:
- Help with ethics and compliance standards;
- Preparation and implementation of codes of conduct and anticorruption policies;
- Implementation of corporate governance practices;
- Participation in investigations of internal fraud cases and potential defense of the company’s interests in administrative and/or judicial proceedings.
Intellectual Property Law
In the current business environment, a large part of a company’s value is closely related to its intellectual property, whether trademarks, technologies, inventions, utility models or other property.
In line with the increasing importance of this market, and the need to protect this intellectual property, our firm established a specific department for issues of this nature, especially for obtaining and managing trademarks, domain names, industrial designs, patents, cultivars, copyrights and computer programs.
Additionally, we also guide clients through preparation and negotiation of licensing agreements, assignment, technology transfer, confidentiality agreements, cost-sharing and know-how research and structuring of franchise systems.
We also provide support for protection of intellectual property in both judicial and administrative proceedings.