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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.
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.
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
◊ 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.
◊ Foreign Investment
◊ 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.