We represent clients in administrative and judicial proceedings, with focus on cases that can might have a significant financial impact as well as those involving relevant and strategic questions. Our activities include:
- Representation in individual and collective lawsuits at all Court levels.
- Support in arbitration proceedings in all questions related to labor law, including disputes involving confidentiality, non-solicitation and non-competition agreements/clauses.
- Representation in administrative cases and civil inquiries by the Labor Prosecution Service.
- Representation in public civil actions filed by the Labor Prosecution Service.
- Administrative defense against fines imposed by the regional offices of the Ministry of Labor.
Our focus is preventive, to avoid contingencies and liabilities. Among our activities are the following:
- Analysis of HR policies and labor relations in general, especially to indicate distortions that can lead to contingent liabilities.
- Complete support for hiring foreign professionals, including obtaining work permits and residency visas.
- Analysis, revision and creation of internal policies.
- Adjustment of all HR policies regarding compliance.
- Implementation of voluntary downsizing programs and profit sharing programs, exclusively in Brazil or adjustment of global programs for compliance with Brazilian law by local subsidiaries.
- Implementation of stock option plans in Brazil or adapt global plans for Brazilian subsidiaries of multinationals.
- Participation in legal due diligence processes for mergers and acquisitions, especially to identify hidden liabilities and management practices that can cause contingencies.
- Support in M&A processes to identify discrepancies and inconsistencies in the remuneration of employees and to restore conformity.
- Support to formulate career plans.
- Support in all aspects of collective bargaining.
- Assistance in questions related to port workers and maritime activities.
- Support in the hiring of employees and executives, including design of policies on salaries and benefits, with drafting of the corresponding contractual clauses.
- Support for the hiring and international transfer of foreign and Brazilian workers.
- Support to draft and negotiate confidentiality, non-solicitation and non-competition agreements applicable to employees and executives.
- Assistance in all questions related to occupational health and safety, along with specialized professionals.
- Legal and economic analysis of outsourcing of services to firms or freelancers and contracting of suppliers.
Our professionals have extensive experience in the negotiation and drafting of contracts related to typical and atypical transactions in the financial and capital markets, such as loans and financing, notably in infrastructure, project finance, mergers and acquisitions, structuring and formalizing guarantees, securitization, debt restructuring, creation of financial products, instruments, derivatives and investment funds, and issuance of securities for public and private placement in the national and international markets.
Based on deep theoretical and practical knowledge, we render consulting services in the areas of internal controls of financial institutions (banks, brokerages and underwriters) and non-financial companies; formulation and evaluation of internal practices for compliance with legislation and regulation; prevention of money laundering, financing of terrorism and corruption; mitigation of operational risks; support to prepare and update policies to satisfy the requirements of the Central Bank of Brazil, Brazilian Securities Commission and self-regulatory entities; support to formulate and evaluate integrity processes and penalty proceedings conducted by regulatory and oversight authorities (with original or delegated competence); representation of companies (boards of directors, committees and HR departments) in the conduction of internal investigations into allegations of corruption, fraud and other inappropriate acts; and coordination of legal due diligence, in a wide range of sectors.
Our office has the expertise to serve national and foreign clients (public or private) in all legal questions related to the purchase, lease or sale of real estate, including financing and establishment of guarantees, such as mortgages, trust deeds and assignment of receivables.
With the advent of the Brazilian Data Protection Law, most of the business will need to adjust in a short period of time. Our office has great expertise on this area. On top of representing lawsuits associated with use of the internet, our specialized practice in Digital Law also includes support for compliance with the Data Protection Law, as well as:
- Electronic contracts
- Compliance and data protection policies
- Online commerce, including startups
- Copyright and other intellectual property
- Moral and material damages
- Social network behavior manuals
- Online consumer relations
Our clients, either national and international, are active in the following economic sectors:
- Innovation and Technology
- Port Operation
According to the Brazilian Franchising Association (ABF), Brazil is the world’s fourth leading country in terms of the number of franchise stores, with over 145 thousand in 2017, a number that is projected to grow by 8% in 2018.
Despite the current economic malaise, the number of players interested in becoming franchisors or franchisees is growing, increasing the importance of good advice before making a business plan or take a business decision.
Our office is prepared to offer legal and commercial support to franchisors and franchisees in a wide range of aspects, among them:
- Drafting and analysis of franchise and master franchise agreements, franchise disclosure documents, development agreements and other commercial contracts related to franchising.
- Legal and financial analysis of the franchise model, for franchisors and franchisees.
- Analysis of potential store sites, from the technical and regulatory standpoint, including the feasibility of obtaining permits and licenses.
- Negotiation and analysis of real estate lease and/or purchase agreements or agreements for assignment of use rights with property owners and shopping center managers.
- Drafting of commercial contracts for supply chains, approved suppliers, distribution centers and other logistical aspects.
- Analysis and presentation of model contracts for hiring staff adequate for franchise stores, adapted to recent legislation, including negotiation with labor unions.
- Formulation of preventive policies and training of executives and employees of franchisors and franchisees.
- Conduction of legal due diligence involving franchising.
- Registration of trademarks and patents with the National Industrial Property Institute (INPI).
- Preparation of legal opinions on general and particular matters related to franchising.
- Mediation between franchisors and franchisees.
- Representation in litigation between franchisors and franchisees and labor suits brought against franchise stores.
In an environment of tough competition and legal instability, the advice of lawyers with a business partner profile makes the difference when finalizing good deals. Our firm believes in this kind of partnership; therefore we are able to offer our clients full assistance in all types of contracts, from the beginning of negotiations until closing the deal.
We are ready to provide clients a high-quality legal counseling in the negotiation, preparation, revision and registration of the full range of business contracts. Our services are focused on national and foreign individuals and companies in the following areas, among others:
- Quota or Stock Purchase Agreements, lease agreements, free loan for use, and any others.
- Agreements for commercial representation, agency, distribution, supply, construction and service.
- License, technology transfer and franchise agreements.
- Agreements for consortiums, commercial partnerships, debt renegotiation and discharge, financing, assignment of credits, assumption of debts, exclusivity and confidentiality.
- Memorandums of understanding, contracts to establish in rem and in personam guarantees and other typical or atypical contracts.
- Consulting services and preparation of legal opinions on contractual questions and business law in general.
We also have partners with expertise in digital contracts, employment agreements and banking services agreements.