SiqueiraCastro | Pratice Area
Pratice Area
21457
page-template-default,page,page-id-21457,ajax_fade,page_not_loaded,qode-page-loading-effect-enabled,,qode-title-hidden,qode-theme-ver-170.0,qode-theme-bridge webproducer,disabled_footer_bottom,qode_header_in_grid,wpb-js-composer js-comp-ver-5.5.5,vc_responsive
PRACTICE AREA
Acting on all fronts of the business, the so-called full service, is what is expected of a contemporary law firm. We, from SiqueiraCastro, go further. We are pioneers in full solution.

 

With strong performance in all areas of law, we offer strategic solutions that optimize and transform the management of our clients’ business activities. With a multidisciplinary and interconnected team, we transform data and information into intelligent solutions that generate measurable results for companies in virtually all economic sectors.

 

We are proud of the high esteem of our clients, having worked with many of them for decades. The list below identifies the main practice areas and sectors in which we support our more than 3,000 clients:

Pratice Area
Click on the area to see more details

ADMINISTRATIVE, REGULATORY, INFRASTRUCTURE LAW AND PPPS

Our tradition in regulatory matters combined with a modern full solution approach assures effective assistance in all phases of projects, from preparation of designs to execution of the work.

 

We provide full legal assistance to companies that are subject to government regulation, including support in regulatory proceedings, representation in administrative judgments and negotiation of amendments to administrative contracts.

 

In demands of this nature, SiqueiraCastro is ready to help clients in activities such as:

– Preparation of documents and legal opinions about regulated sectors.
– Participation in expression of interest procedures.
– Participation in public hearings and consultations about proposed regulations and evaluations of regulatory impact.
– Due diligence to evaluate the exposure and compliance of companies’ activities with regulations.
– Full legal support to companies in regulated sectors.
– Representation in administrative litigation involving regulatory agencies, such as ANP, ANAC, ANTT, ANEEL, ANATEL, ANVISA, ANCINE, ANTAQ and ANA (at the federal level), along with state agencies.
– Representation with other bodies and entities of the public administration, such as the Secretariat of Civil Aviation (SAC), BNDES, Energy Research Company (EPE), Ministry of Transparency, Office of the Comptroller General (CGU), Secretariat for Coordination and Governance of Public Sector Companies (SEST), National Secretariat of Ports, and Special Secretariat of the Program for Investment Partnerships.
– Support in preparatory investigations and civil inquiries by public prosecution services (federal and state).

AGRIBUSINESS

The importance of agribusiness to the Brazilian economy requires a strategic vision that goes beyond mere legal representation. With specialized teams, SiqueiraCastro has ample experience in defending the business and judicial interests of clients, by delivering solutions along the entire productive chain.

 

This agribusiness practice ranges from the farm to consumer markets in Brazil and other countries. Our lawyers have multidisciplinary training and experience and are accustomed to supporting producers, exporters and the other entities of the agricultural sector in varied matters, such as:

– Regularization of land ownership.
– Logistics.
– Purchase, sale and lease of land.
– Transportation, importation and exportation.
– Taxation of agribusiness.
– Phytosanitary standards.
– Regulatory questions.
– National and international trade.

AVIATION

To meet the different needs of the aeronautical sector, SiqueiraCastro has highly qualified professionals specialized in matters such as customs law, contracts, arbitration and judicial litigation, antitrust, consumer relations, taxation, regulatory policies and insurance/reinsurance. Our lawyers have strong technical training, allowing them to find solutions to complex questions, anticipate demands and give strategic advice with a high degree of security.

 

We serve important players in the sector in all regions of the country, such as airlines, airport managers and aircraft owners in processes for importation, legalization, leasing and financing.

 

We have a strong track record of dealing with the National Civil Aviation Agency (ANAC) and other regulators of the sector. In recent years we have worked on some emblematic cases, such as privatization of airports and vanguard judicial disputes. We are also prepared to respond to emergency situations such as aviation accidents and their repercussions in different spheres.

BASIC SANITATION

BIODIVERSITY

SiqueiraCastro has extensive experience and acts regularly to guarantee the operational security of its clients regarding biodiversity laws. Through constant planning and research, our team offers solutions to companies in many sectors in questions such as management of water resources, occupation of protected areas, territorial management, environmental governance, protection of genetic heritage, socio-environmental responsibility and chemical safety.

 

The scope of our work includes:

– Analysis of enrollment, authorization and regularization of activities involving access to genetic heritage.
– Preparation of prior consent instruments, agreements to share benefits and responses to requirements from the Council to Manage Genetic Heritage (CGEN).
– Support for the signing of regulatory commitment instruments for access to biodiversity.
– Orientation in the preparation of technical documents for activities to access and remit samples.
– Full assistance in crisis management, with support in various legal aspects

BIOTECHNOLOGY

The rapid progress in genetic engineering and molecular medicine impose completely new challenges on companies, researchers, teaching institutions, lawmakers and the entire health and nutrition ecosystem. Dealing with a scenario of constant evolution requires the ability to anticipate demands and the agility to adapt to changes.

 

A pioneer in helping clients in the areas of biotechnology and biomedicine in Brazil, SiqueiraCastro combines decades of experience and careful research to offer complete solutions to the most varied needs of the sector.

 

We serve many companies in this significant sector, in which Brazil, due to its position and geographic extension, has a standout role in the international scenario.

BUSINESS CRIMES

Our lawyers are recognized for their excellence in finding comprehensive and personalized solutions in cases involving alleged business crimes. With multidisciplinary teams, we support the interests of the company and its employees, both regarding prevention and investigation of fraudulent acts and clarification or collaboration in investigations and judicial proceedings, regardless of the complexity or media repercussion.

 

We are also skilled in preparation of legal opinions and internal compliance policies, as well as negotiation and monitoring of consent decrees and plea bargains with the relevant authorities. Our team is prepared to defend the interests of individuals or companies in Brazil and abroad.

CAPITAL MARKET

CASE CONTROL

At SiqueiraCastro, the area specialized in Case Control and Quality has focus on constant improvement of the efficiency and security of the legal services rendered by the firm, based on innovation and new technologies. Our work involves all the units through centralized actions, to harmonize practices and procedures.

 

The main activities of this area are:

 

– Management of the legal record-keeping system and alignment with the systems of clients.
– Creation and management of automation that optimizes the activities of the legal and administrative team.
– Management of procedural deadlines and presentation of performance indicators.
– Preparation of indicators for the portfolio of cases, according to the needs and objectives of clients.
– Quality control.
– Back office activities.
– Monitoring of cases from start to finish.
– Automated listing and classification of cases using artificial intelligence.
– Preparation of daily dashboards shared online with clients and managers, with identification of sensitive points of case control.

CIVIL LAW AND CONTRACTS

Today’s reality of the business sector requires lawyers to formulate differentiated solutions in relation to daily activities and commercial transactions. This capacity to transform and at the same time lead the sector is only possible with highly qualified lawyers who can offer legal solutions in line with the new challenges.

 

SiqueiraCastro is recognized in the areas of civil and contractual law for its skill in providing consultation, including corporate compliance, and representation in litigation. From the moment of investment until the delivery of a product or service to the end consumer, civil and contractual relationships should be watched carefully by lawyers to build a solid foundation for the company’s future.

 

The aspects of personal life, business routine and obligations and rights are derived from civil and contractual law. Therefore, it is important to scrutinize and understand the modern tenets involving tangible and intangible property, considering how these are manifested and related with the framework of contemporary business life.

 

With an eye on providing full solutions, we support clients in legal and business demands by developing innovative solutions based on identifying contractual difficulties and opportunities for each transaction.

 

Some of our specialized services are:

– Negotiation, preparation and revision, or termination, of all types of contracts (purchase and sale, lease, service provision, construction), along with establishment and execution of contractual guarantees.
– Assessment of risks of contractual or extra-contractual relationships, to prevent commercial or personal litigation.
– General consulting to evaluate transactional risks, opportunities to obtain better financial results and formalization of guarantees.
– Mediation and negotiation to reduce liabilities from litigation, carried out by exclusive and dedicated teams.
– Conduction of due diligence with nationwide scope.
– Identification of documental and procedural fraud by a specialized multidisciplinary team acting together with the criminal practice area.

COMMUNICATIONS AND TELECOMMUNICATIONS

In an increasingly connected world, the speed of technological advance generates a series of consequences in the communications and telecommunications sector. Among these is the alteration in the patterns of competition of companies, creating the need for more dynamic and specialized regulation.

 

Our specialized lawyers advise and support clients regarding the constantly evolving legal and regulatory rules of the sector.

 

Our work includes:

– Consulting regarding Brazilian telecommunications regulation.
– Participation in public hearings and consultation processes.
– Urban and environmental licensing of radio base stations.
– Support in administrative proceedings conducted by the National Telecommunications Agency (ANATEL) and representation in judicial questions in all areas of law.
– Drafting and negotiation of contracts and preparation of legal opinions and memorandums on the regulation of telecommunications.
– Advice about the tax aspects for structuring telecom activities.
– Advice on strategic corporate structures for telecom activities.
– Protection of customers’ personal data.

COMPLIANCE, INTEGRITY AND CORPORATE ETHICS PROGRAMS

With a multidisciplinary team dedicated to the application of Brazilian and international rules against corruption and money laundering, we work to formulate integrity programs and to train in-house lawyers and other employees of companies in various economic sectors.

 

The principles and values of corporate ethics established by the Clean Company Law have strong influence in contracting with governmental entities. Among them are the existence of integrity programs and the adoption of procedures and mechanisms to prevent, detect and combat violations of Brazilian rules.

 

The firm’s activities in this area consist of developing strategies and legal coordination of various procedures, such as:

– Negotiation of leniency agreements and plea bargains with authorities like the Ministry of Transparency, Oversight and Control, the Administrative Council for Economic Defense (CADE), the Federal Prosecution Service and the Federal Police.
– Due diligence and audits in M&A transactions, to identify risk areas and protect against liabilities by succession due to questions related to corruption and acts deemed injurious to the public administration.
– Negotiation, revision and drafting of contractual clauses in light of “clean company” legislation, for preventive protection.
– Preparation, revision and updating of codes of conduct, policies and procedures.
– Development and implementation of business compliance and ethics programs.
– Training of employees and development of business compliance and ethics routines;
– Coordination and negotiation of leniency agreements and plea bargains.
– Presentations and training sessions for diffusion of good practices and management of risks.
– Internal investigations and audits related to anticorruption practices adopted by companies in their routine business activities.

CONSTITUTIONAL LAW AND GOVERNMENTAL RELATIONS

The strong influence of the government in the Brazilian economy makes it essential to have a professional perspective about relations with the public authorities.

 

The governmental relations area of SiqueiraCastro has the main mission to support clients in their interaction with the various entities of the legislative, executive and judicial branches, always guided by the high legal and ethical standards and transparency that characterize the firm.

 

Besides this, our full solution approach permits an interdisciplinary evaluation of the repercussion of themes of interest to our clients.

 

Among the activities of the sector are:

– Monitoring of proposed legislation.
– Monitoring of the implementation of public policies by the executive branch and the agenda of the various regulatory agencies.
– Analysis of the regulatory scenario for definition of action plans and strategies.
– Alignment of opportunities involving governmental relations with corporate strategy.
– Identification of risks and opportunities in relations with the government, according to the definition of public policies.
– Legal guidance and support for interaction with bodies and agents of the legislative and executive branches.
– Defense of clients’ interests with agents responsible for formulating public policies and regulatory frameworks.

CONSUMER RELATIONS

Brazil is unique in the world regarding consumer relations. No other country has such judicial activism in favor of consumers, posing challenges to companies that offer products and services in the country. At SiqueiraCastro, we have a team of experts and a technological structure to provide full solutions to clients’ needs.

 

We offer solutions to avoid litigation through consultation to prevent or minimize future problems. We also monitory legislative and regulatory changes that can affect our clients and suggest solutions to adapt to new rules.

 

We also represent clients in dealings with public prosecutors, consumer defense agencies and regulatory authorities, offering solid multidisciplinary strategies in all business segments.

 

Our team is recognized for their judicial representation, especially or formulating arguments to defend our clients’ interests.

 

Our activities include:

 

– Consulting and preparation of legal opinions on matters involving consumer affairs in a wide range of segments (retailing, manufacturing, telecommunications, health plans, civil construction and banking, among others).
– Monitoring of legislative and regulatory changes as well as the evolution of judicial decisions on consumer matters.
– Strong interface with CONAR, SENACON, IPEM, PROCON and other administrative and regulatory agencies for protection of consumers.
– Support to clients in administrative proceedings throughout the country, with relevant experience in negotiating consent decrees.
– Support from teams specialized in mediation, negotiation and conciliation.
– Strategic support and consulting in recall processes, including evaluation of their justification, and follow-up of all steps until conclusion.
– Drafting and revision of standard contracts with consumers.
– Strategic support in handling lawsuits filed by consumers.
– Extensive experience in sensitive case, such as class actions, civil inquiries and administrative proceedings involving consumer associations and protection agencies, among others.
– Representation with the state and federal appellate courts at all levels, to obtain favorable decisions for clients.
– Facilitation of legal and financial analyses of clients regarding judicial and administrative cases, through a modern and differentiated structure for storing and processing procedural information.
– Consultation regarding litigation risks and financial outlays.
– Application of jurimetrics and artificial intelligence for definition of procedural strategies.
– Performance of due diligence throughout the country.
– Identification of fraudulent documents by a specialized anti-fraud team.
– Consulting for correct and efficient establishment of contingencies in consumer claims.
– Review of policies of the customer response areas and training to prevent litigation and collect supporting information for defense against consumer complaints.
– Preparation and revision of user manuals, to comply with legislation.
– Evaluation of compliance with legislation and regulations on consumer matters for e-commerce start-ups, applications, platforms and sites.

COPYRIGHTS

Copyright law has been growing in importance in the business world due to expansion of the market for culture and entertainment and the increasing use protected works for differentiation of products and/or services and communication with consumers.

 

SiqueiraCastro has professional with expertise in the area of copyrights and experience various segments, including audiovisual works, social media, new technologies, publishing, electronic games, music, arts and shows.

 

Our practice:

– Clearance of rights.
– Preparation, analysis and revision of agreements for licensing and assignment of copyrights.
– Legal consulting on the use of copyrighted works.
– Registration of copyrighted works.
– Preparation, analysis and revision of agreements for production and co-production of works.
– Representation in lawsuits involving undue use of works and violation of contracts.

CORPORATE

We support our clients with the incorporation of companies, identifying the most suitable type to their needs and future objectives, as well as alterations and compliance with legal obligations. We also design and carry out expansion projects by means of leverage, such as issuance of bonds, admission of new owners by subscription and payment of capital or preparation for going public via IPOs in more sophisticated transactions.

We also advise clients about the development of good relations with the market (CVM, B3 Investor Relations Department, Central Bank and other control entities), as well as contracting of custody and development of management structures involving the hiring of professional managers, officers and directors.

 

We have experience and qualified professionals to represent our clients in administrative proceedings conducted by the Brazilian Securities Commission (CVM), Central Bank and other control authorities when necessary.

 

We also advise our clients in corporate restructuring processes, with the aim of simplifying their structure, as well transactions for delisting (PTOs) and optimization of transformations of company type, spin-offs, vertical and horizontal mergers, and drop-down of assets or business lines for establishment of new companies, among others.

DEBT COLLECTION

All entrepreneurs know the cost that default can have on the operations and even the viability of a business. Poorly structured or secured credits can take years to recover. To support our clients in this vital need, SiqueiraCastro structured a specialized team. Dedicated exclusively to collect debts, our operation combines professional experience with a technological platform to manage negotiations and settlements.

Through a strong policy of advance investigation of assets, we offer a broad vision of those that can be targeted with priority to satisfy debts, in extrajudicial or judicial processes, including in situations of court-supervised reorganization or bankruptcy.

 

We ceaselessly support our clients in the structuring of collection policies. We transform their more liquid and recoverable credits into revenue more quickly and effectively. In many cases we work in-house with our clients, helping them to structure contractual instruments and collection policies that make a difference for their businesses.

 

We also help our clients in complex negotiations involving banks, guarantees and sophisticated legal structures.

DIGITAL LAW AND DATA PROTECTION

In a world increasingly connected to new technologies, companies need to take advantage of the opportunities in the digital world while also protecting themselves from the inherent risks. We help clients face demands involving the digital environment and internet, including:

– Legal advice for contracting information technology services.
– Preparation and revision of terms of use and privacy policies of websites.
– Preparation of guidelines for use and management of knowledge, including policies on intellectual property and access to digital platforms, and confidentiality instruments.
– Due diligence for acquisition of digital technology assets.
– Consulting regarding e-commerce.
– Drafting of electronic contracts.
– Removal of improper and/or illegal content.
– Recovery of domain names in Brazil and abroad.
– Deterrence of electronic fraud and other digital crimes.
– Legal analysis of the risks of new digital businesses.
– Consulting to develop platforms and websites.
– Legal advice regarding protection of personal data.
– Mapping of the flow of information and preparation of data protection policies.

ECONOMIC AND COMPETITION LAW

We offer legal support in transactions involving economic concentration due to mergers and acquisitions, sale of assets, investments and divestments, joint venture contracts and other acts that require notification of Brazil’s antitrust authority, the Administrative Council for Economic Defense (CADE).

 

We create and support the development of structural and behavioral resources necessary for approval of various transactions. We also negotiate solutions with the competent authorities and work together with law firms in other jurisdictions when necessary.

 

With a full solution perspective, we act to foresee and protect clients from facing criminal charges that investigations of cartel formation can generate.

 

In cases of investigation of cartels and other abusive acts, we work with the administrative and judicial litigation team. In particular, we help negotiate plea bargains and consent decrees with antitrust authorities in Brazil and other countries, through our network of partner firms throughout the world.

ELECTORAL LAW

ELECTRIC POWER SECTOR

The technical regulation of services related to the generation, transmission and distribution of electricity, as well as the related economic and environmental aspects, presents particularities and challenges that are specific to sectorized markets. In response to this complexity, SiqueiraCastro offers specialized solutions focused on the development of projects.

 

With a full solution approach, our lawyers work to prepare legal opinions, negotiate administrative contracts, obtain licenses/authorizations and regularize real estate aspects, along with assistance in auctions for new power projects and regulatory matters with the National Electric Energy Agency (ANEEL). Our clients are utility companies holding concessions, authorizations or permits as well as potential investors in the Brazilian electricity sector.

 

With respect to environmental aspects, we provide full support from the initial licensing process to the conclusion of activities, with extensive experience in consulting and representation in all types of disputes. We also handle litigation involving contracts, civil matters, taxation, labor relations and consumer claims, among others.

ENVIRONMENTAL LAW

From administrative/judicial litigation to legal consulting, the full solution support of SiqueiraCastro in environmental questions involves all aspects necessary for secure and responsible business activities. The firm is recognized in the market as a pioneer and leader in the sector.

 

Our specialized and multidisciplinary teams have proven experience in helping clients in themes such as environmental licensing, solution of conflicts, discussion of penalties and other attributions of responsibility, regularization of activities, structuring of environmental management systems and environmental due diligence.

 

We also support clients in management of contaminated areas in the energy, solid waste management, oil and gas, telecommunications, civil construction, mining, forestry, biodiversity and urban planning fields.

 

We are involved in the main ongoing environmental projects in Brazil, facilitated by our national scope.

 

Our work includes:

– Strategic consulting for socio-environmental questions.
– Representation in administrative proceedings (involving infraction citations, licenses and permits), as well as civil and criminal investigations.
– Strategic defense in environmental lawsuits, both in cases with lower volume and complexity (suits to annul fines) and more complex cases, in particular public civil actions and class actions.
– Analysis of risk of environmental liability.
– Participation/follow-up of inspections and technical visits, and meetings with environmental authorities.
– Legal support to quantify and manage environmental liabilities.
– Legal assistance to negotiate/formalize consent decrees with environmental agencies and/or public prosecution services.
– Strategic legal support in environmental licensing procedures, from conception of the undertaking to issuance/renewal of the operating license.
– Management of crises, with multidisciplinary action of specialists in various areas of law.

FINANCIAL AND BANKING LAW

One of the most active practice areas of SiqueiraCastro, the financial and banking sector has a team that works with financial institutions, private equity sponsors and corporate clients.

 

Our main activities include:

– Legal consulting on the structuring, negotiation and implementation of banking and capital market transactions.
– Structured transactions and advances for exportation.
– Prepayment for exportation, securitization, derivatives and B3 transactions.
– Structuring and formalization of guarantees related to loan and financing contracts.
– Legal advice in foreign exchange and foreign trade transactions to structure financing for purchase or lease of aircraft.
– Financing in a wide range of modalities, including commodities trading, structured transactions and trading of investment grade securities.
– Renegotiation of debts and real estate transactions.
– Interaction with the Brazilian Securities Commission (CVM) and Central Bank of Brazil, ranging from routine questions of companies in the financial sector to representation in investigations, administrative penalty proceedings and liquidation processes.

FINTECHS

No que concerne especialmente às Fintechs, a Especially regarding fintechs, SiqueiraCastro pays special attention to startups focused on the financial market, by broad support in matters related to the financial system, capital market, commercial relations, business contracts (national and international), corporate organization and intellectual property rights. This involves, among other services, preparation of technical opinions, clarifications about legislation and regulation, corporate structuring and restructuring, and support in relations with the Central Bank of Brazil (Bacen), Brazilian Securities Commission (CVM), BM&FBovespa and Brazilian payment systems.

FOREIGN CAPITAL

Satisfying the formalities required for the entry of foreign capital for investments in Brazil, and later repatriation, can face undesirable bureaucratic hurdles.

 

To help clients deal with the specific aspects of Brazilian legislation on the registration and remittance of capital, incorporation of companies, tax planning, regulatory, labor, consumer and environmental questions, among others, SiqueiraCastro acts as a secure and reliable usher for foreigners wanting to invest in Brazil.

 

We have professionals with expertise in different business areas, offering legal consulting and support to national and foreign companies in all steps of the project and in the subsequent implementation and continuity of the new business venture in Brazil.

FOREIGN TRADE AND COMMERCIAL DEFENSE

Our team of lawyers works with the Administrative Council for Economic Defense (CADE) and the World Trade Organization (WTO) with respect to the most important themes related to competition law and foreign trade. We support clients in the full range of needs, from projects for investment or acquisition in Brazil to assistance to Brazilian exporters or companies interested in investing abroad. We also offer support in areas like customs law and the tax and contractual aspects of international trade.

 

The international connections of SiqueiraCastro through strategic partnerships with law firms in countries like India, France, Portugal and the United States, as well as the member firms of ADVOC, also are important in serving our clients in commercial disputes and competition matters.

FOREST INVESTMENTS

In the forestry sector, our strategic support focuses on questions related to operations and regularization of rural real estate. With a specialized multidisciplinary team, we draft purchase and sale contracts and register them with the competent authorities (National Institute of Colonization and Agrarian Reform – INCRA and real estate registry offices), along with agreements for supply, land lease, creation of collateral and other security instruments.

 

Consideration of the economic feasibility of conservation units is also a focus of our attention. For this purpose, we have an exclusive team for structuring forest concessions and public-private partnerships.

 

In particular, we work with the following aspects:

– Structuring of investment vehicles, shareholding arrangements and joint ventures for foreign or domestic investment in the sector, in line with the legal restrictions.
– Due diligence involving forest assets and rural real estate, besides regularization of title with real estate registry offices and other competent authorities.
– Consulting for compliance with the limits on foreign investment in rural and border real estate.

HEALTH AND LIFE SCIENCES

SiqueiraCastro offers legal solutions and market intelligence in all aspects of the health and life sciences sector. From production and circulation of products to provision of services and development of research, our specialists provide support in sensitive areas such as legislation and regulation, investments, human resources, intellectual property, financing, mergers and acquisitions, registration of products and transfer of technology. When necessary, we are also prepared to represent clients in local and cross-border disputes, including arbitration and judicial and administrative litigation, such as with regulatory agencies.

 

With a full solution approach, we serve companies and investors in the areas of pharmaceuticals, cosmetics, food processing, biotechnology, supply of inputs, animal health and manufacture and distribution of medical equipment, along with hospitals, clinics, diagnostic laboratories and other providers of medical services.

HEALTH AND SANITARY SURVEILLANCE

INSURANCE AND REINSURANCE

With a team that is highly qualified to support the transactions and operations of national and international insurers, SiqueiraCastro is involved in the following activities:

– Support for corporate transactions involving joint ventures, acquisitions of insurance companies and portfolios in Brazil.
– Preparation of legal opinions regarding regulatory aspects of SUSEP.
– Drafting and revising reinsurance contracts, consulting about the formalities for contractual validity, structuring of compliance programs and drafting/revising internal control manuals for prevention of fraud and money laundering.
– Structuring of transactions and preparing strategic contracts involving insurers, such as agreements for representation and bankassurance, among others.
– Representation in judicial litigation involving both large risks and recurring small claims, as well as arbitration.
– Representation in administrative litigation involving SUSEP, including preparation of submissions, oral arguments before the CRSNSP and monitoring of case progress.
– Consulting regarding private pension plans and health insurance plans.

INTELLECTUAL PROPERTY

With a wide variety of demands, the intellectual property area is fertile ground for specialized legal consulting and representation to find solutions. The lawyers of SiqueiraCastro have an outstanding track record in serving national and foreign companies, artists and performers, inventors, entrepreneurs, public administrators and entities, in areas such as:

– Patents of invention and utility models.
– Protection of trademarks, business names and business secrets.
– Management of copyrights for publicity and entertainment.
– Licensing and protection of computer programs and domain names.
– Licensing of intangible assets, transfer of technology, and contracts in generral.
– Lawsuits against unfair competition.
– Internet, e-commerce and new technologies.
– Judicial protection of intellectual property with high complexity, deterrence of falsification and implementation of border measures.
– Protection of data and information secrecy.

 

Because of the wide range of services rendered, we can allocate multidisciplinary teams formed by people from various practice areas, to achieve full solutions for clients.

INTERNATIONAL TRANSACTIONS AND CONTRACTS

Our team of lawyers has decades of experience in international transactions and contracts. Many of them have worked at renowned law firms in various jurisdictions. We work with the legal structuring of business deals in Brazil and abroad, supporting clients in all aspects of their cross-border transactions, including negotiating and drafting the contractual documents and assistance in all activities necessary until the deal is closed.

 

Besides this, through the international network of law firms ADVOC and partnership arrangements with other firms in China, France and Portugal, we guarantee complete and high-quality services in all areas of law in virtually all jurisdictions.

LABOR LAW

The complex and dynamic labor relations system in Brazil requires dedicated attention. With national scope, our team is supported by a solid back office group, responsible for processing and controlling the quality of the procedural information necessary to manage labor liabilities.

 

SiqueiraCastro offers full solutions for recurring and strategic lawsuits, both individual and collective, such as claims filed by top executives and expatriates, public civil actions, collective bargaining disputes, restraining orders and enforcement actions. Our longstanding track record in consulting allows us to develop projects to reduce judicial liabilities tailored to the specific profiles of clients, with implementation of negotiation strategies, including mediation and arbitration, ratification of out-of-court settlements, individual and collective bargaining, legal opinions, due diligence, compliance in labor relations, and in-company training.

 

In the administrative sphere, we represent clients in cases involving the Ministry of Labor, the Labor Attorney’s Office and the National Social Security Institute (INSS), involving civil inquiries, defense of infraction citations, roundtable discussions, indirect oversight, challenges and appeals of the granting of social security benefits and challenges to the Accident Prevention Factor attributed to companies.

 

In response to the recent changes in labor legislation, we also develop innovations in the management of business processes and policies, including:

– Drafting, revision and management of employment contracts.
– Review of compensation policies.
– Outsourcing of services.
– Revision of human resources policies in light of the new definition of business group regarding labor obligations.
– Arbitration and liability of former owners.

LEGAL AUDITING

In the legal auditing and due diligence area, our full solution approach combines personalization and experience to meet the needs of all aspects of business life.

 

With comprehensive and detailed diagnoses, always with focus on the deal and results of clients, the lawyers of SiqueiraCastro work with:

– Strategic planning.
– Analysis of competitive practices.
– Legal engineering, to find the best structure for the desired transaction.
– Solution of conflicts regarding mergers and acquisitions, as well as resolution of problems involving the legal situation of companies involved in corporate transactions.
– Corporate planning and restructuring.
– Tax planning.
– Corporate governance.
– Anticorruption, regulatory, tax and accounting policies.

MARITIME LAW

Since most of Brazil’s trade occurs by sea, we have a specialized team dedicated to work in the administrative and judicial spheres to meet all the needs of ship owners, charterers, cargo agents, terminal and port operators, lessees of port areas and insurers, among others involved with seaborne commerce.

 

We represent clients in administrative proceedings involving the Maritime Tribunal, National Secretariat of Ports, National Waterway Transportation Agency (ANTAQ) and the various port authorities.

 

Besides this, we provide legal support in cases resulting from oil spills, leaks of chemical products, discharge of ballast water and other substances released into water bodies. We also represent clients in administrative and judicial litigation involving these situations, including public civil actions.

MEDIA, MARKETING AND ADVERTISING LAW

Processes and tools for communication between companies and their customers are vital for the success of any business. In this context, undesired legal questions can cause negative effects on the corporate image and impair bottom-line results.

 

To support the communication demands of companies in the most varied sectors, our specialized area is dedicated to helping our clients develop marketing strategies and advertising campaigns to leverage their businesses.

 

Our solutions support companies involved in media, technology, consumer goods and retailing, in areas such as:

– Compliance with legislation on the internet, marketing and advertising.
– Due diligence examination of marketing and advertising practices and protection of personal data of the company.
– Legal advice for the conception, development and launch of marketing campaigns.
– Consulting regarding the protection of personal data of customers.
– Legal analysis of product packaging and labeling and the content of communication materials.
– Legal consulting regarding promotional programs and contests.
– Protection of intangible assets, including copyrights, brands and advertising expressions.
– Interface with the National Advertising Self-Regulation Council (CONAR), Executive Council for Standards (CENP) and regulatory agencies.

MERGERS AND ACQUISITIONS

Our team of specialized lawyers supports clients in mergers and acquisitions (M&A) as well as other transactions involving corporate restructuring and concentration.

 

With a full solution approach, we incorporate in an acquisition project all the legal activities necessary to close deals, including investments or inorganic expansion.

 

We help identify opportunities by conducting legal due diligence for potential acquisition. We also prepare structures for acquisition and support negotiations of the necessary contracts. Finally, we formulate the legal structure that has best tax synergy for each situation, along with the best financial structure of transactions.

 

We also act on the sell side by developing structures for integral or partial sale of assets, such as creation of special purpose companies (SPCs) or spin-offs of business lines, structuring of data rooms and creation of prospectuses and teasers for bookrunning.

 

We provide legal support for notification of concentration acts to regulators, especially the Administrative Council for Economic Defense (CADE) and the Central Bank of Brazil.

 

With a full solution approach, we have a multidisciplinary team of partners and specialists in:

– Analysis of environmental questions.
– Review of tax and labor risks.
– Revision of corporate integrity programs.
– Assessment of risks of various practices, as well as design of the best solution for the project.

MINING LAW

Mining activity inherently poses a variety of risks, and thus depends on various licenses and permits, besides observance of strict regulations and solid strategic planning.

 

Despite these potential impacts, the returns can be considerable due to the richness and diversity of Brazil’s mineral wealth, the reason the sector is constantly expanding. Therefore, any company that intends to engage in mining activities must pay heed to the regulations issued by a wide range of public authorities.

 

The work of SiqueiraCastro is based on constant analysis of the laws and regulations applicable to mining activities, to enable the necessary support to clients in the structuring of transactions, compliance with bureaucratic processes with environmental authorities, preparation of legal opinions and technical notes, and representation in administrative proceedings.

 

Our structure distributed throughout the country, plus our long experience in the sector and the intense work of a specialized multidisciplinary team, means we are prepared to provide prompt and effective service, able to fully meet the needs of our clients.

OIL AND GAS

Oil and gas is one of our most active practice areas. Our full solution and multidisciplinary approach has resulted in our engagement to represent and advise the majority of the large players along the sector’s productive chain. The high level of regulatory and technical specialization requires the ability to work in teams with specialists in various areas, such as economists, engineers and accountants. Formulated by integrated working teams, our solutions help clients to optimize their corporate structures and develop strong projects.

 

The lawyers of SiqueiraCastro are prepared to assist clients in all phases of oil and gas projects, including, among others, analysis of consortium and joint-venture agreements, examination of invitations to bid for concession of oil blocks issued by the ANP, preparation of risk matrices, orientation in preparation of qualification documents, and finally monitoring the performance of concession and production sharing agreements during the entire validity period.

 

Through objective and agile action, we help clients meet all regulatory, contractual, tax and environmental requirements involved in upstream and downstream projects, and work to resolve disputes in the administrative and judicial spheres.

PLEA BARGAINS

Plea bargaining in criminal matters is a very sensitive theme for companies. In response, SiqueiraCastro has assembled a multidisciplinary team for assertive representation and follow-up, mainly in negotiations for rewarded collaboration with agents of the Federal Prosecution Service and the Federal Police.

 

Besides the criminal sphere, our full solution approach facilitates reaching accords that protect our clients’ interests regarding taxes, participation in tenders and antitrust matters.

 

Our activities include:

– Evaluation of risks and design of legal strategies for representation of the client’s interests.
– Preparation of thematic details of plea bargains and analysis of material to corroborate the accusations.
– Negotiation of legal benefits with the public authorities until signing of the agreement and monitoring its judicial ratification.
– Monitoring and support in investigations resulting from plea bargains, to enable maximum efficacy of the collaboration.

PRIVATIZATIONS AND CONCESSIONS

The privatization projects of the federal, state and municipal governments bring attractive business opportunities. The effective modeling of these opportunities requires legal support able to identify the specific aspects of the sector involved and the risks, based on a multidisciplinary vision. This characterizes the work of SiqueiraCastro in these areas.

 

Our lawyers prepare legal opinions about the relevant aspects of regulated sectors and help clients to participate in tenders and expressions of interest and also to negotiate administrative contracts, including for concessions (both conventional and public-private partnerships).

 

The legal and regulatory experience of SiqueiraCastro extends to complex contracts for public works and other large undertakings. We provide support in all steps, ranging from prevention of problems at the start to monitoring performance of the contract. With a dedicated team, we are generally involved in the main national privatization projects: airports, ports, highways, railways, basic sanitation, generation and transmission of electricity, and distribution of gas, among others.

PUBLIC LAW

The trend for greater participation of the private sector in the provision of public services in recent years has created many new business opportunities. With a team of specialists in constitutional and administrative law, SiqueiraCastro has extensive experience in the many aspects of public transactions, such as obtainment and renewal of licenses to engage in economic activities, formalization of authorizations, permits and concessions for use of public assets, discussions associated with cultural heritage, expropriations and responses to oversight activities by the government.

 

With respect to tenders and administrative contracts, we analyze invitations to bid, formulate risk matrices, prepare requests for clarification and appeals in tenders, file mandamus actions and provide legal advice for contract management. From the simplest transactions to umbrella contracts and EPC turnkey agreements, we are prepared to offer all the necessary support, including responses to public prosecution services, audit tribunals and other control authorities.

REAL ESTATE TRANSACTIONS

With extensive experience in the real estate sector, the multidisciplinary team of SiqueiraCastro offers support to clients in urban and rural transactions for purchase/sale, lease, exchange, donation and construction (including build-to-suit agreements), among others.

 

We provide advice for the structuring of real estate transactions for securitization of receivables, issuance of bonds and establishment of real estate investment funds, as part of our full solution approach. Among the projects are shopping centers, hotels, hospitals, condominium buildings and gated communities, subdivisions, habitation cooperatives and real estate purchase consortiums.

RECOVERY OF COMPANIES AND BANKRUPTCIES

RECURRING LITIGATION

Our multidisciplinary team manages large numbers of cases with dynamism and agility. Combining operational capacity, strategic planning and specialization, SiqueiraCastro offers a unique differential: territorial scope. With presence throughout the country, we offer the best solutions in the civil, labor/social security, banking and consumer products areas.

 

Our work includes:

– Mapping and management of judicial liabilities.
– Management of large case portfolios in varied sectors.
– Strategic risk analyses, aiming to reduce the number and value of cases.
– Personalized service rendered by local lawyers in the main Brazilian capital cities.
– Customized studies for dealing with cases in Brazilian states.

RENEWABLE ENERGY

RETAIL AND ELECTRONIC COMMERCE

SOCIAL SECURITY LAW

Through preventive activities interconnected with the tax and labor practice areas, we render services regarding social security matters assertively, including litigation in the judicial or administrative spheres (e.g., Previc). Our consulting services consist of tax and social security planning with the firm’s full solution characteristic, always considering the particularities of the sector and protection of our clients’ rights, as well as reduction of fiscal costs. We also render services to open and closed private pension plans in the private sector, in all their needs.

 

We work with:

– Modeling of the bylaws of new pension funds, including those sponsored by public-sector entities.
– Preparation of legal opinions on regulation of benefit plans.
– Development of costing rules and their alterations.
– Analysis of equilibrium of plans.
– Representation in administrative processes, including audits, under the auspices of the National Superintendency of Complementary Social Security (Previc) and the Superintendency of Private Insurance (Susep), with formulation of defenses, monitoring of procedural developments and filing appeals.

SOFTWARE

STARTUPS

Entrepreneurship is increasingly important these days, as revealed by the many initiatives for new activities tied to technological advances.

 

We render complete legal services to new companies that have business models subject to conditions of extreme uncertainty, with the possibility of future setbacks.

 

SiqueiraCastro has helped various clients in a wide range of matters, such as:

-Legal modeling and business structuring: evaluation and definition of the company type that best fits the intended activities; evaluation of the legal model for partnerships and alignment of all the contracts that compose the legal model of the startup; and legal analysis of business operations.
– Tax planning of the original organizational model and restructured models;
– Preparation of contracts for regular development of the company’s activities; preparation and revision of terms of use, business agreements and their cancellation, vesting agreements and preliminary contracts;
– Support and guidance both to startups and investors involving seed capital (angel investors, private equity and venture capital funds, etc.);
– Structuring of IPOs;
– Advice on the tax treatment of cross-border capital transfers by angel investors;
– Assistance in labor law regarding hiring of employees and service providers;
– Assistance to protect brands, business names and business secrets;
– Licensing and protection of computer programs, domain names and intangible assets;
– Analysis of the compliance of activities with the national and foreign regulations applicable to the business segment;
– Adjustment of activities for observance of legislation protecting consumers’ rights.

STRATEGIC LITIGATION AND ARBITRATION

Disputes involving legal themes with high complexity or strategic sensitivity require personalized service from renowned lawyers with specialization in the varied areas of law that are involved. For cases of this nature, SiqueiraCastro has a department dedicated to strategic litigation in the courts as well as arbitration and mediation, including a structure in Brasília with a team experienced in arguing cases before the highest courts. Besides lawyers, the team is composed of nationally renowned professors and jurists, and arbitrators and mediators accredited by the most important national and international chambers. They work together to analyze risks and formulate legal strategies, with the goal of obtaining favorable results as quickly as possible.

 

In recent years, SiqueiraCastro was involved in many of the most relevant lawsuits and mediation and arbitration cases in Brazil. Our team regularly receives awards for excellence from legal publications for its track record in rendering services to large national and foreign companies and the significant victories achieved. With strong experience in the courts throughout the country, we offer solutions to resolve disputes in the civil, commercial, contractual, antitrust, corporate, tax, environmental and intellectual property areas.

SUCCESSIONS, ESTATE PLANNING AND RELATED MATTERS

Due to its nature, succession law is a sensitive area that in not infrequently subject to unpredictable developments. With a team formed by experienced practitioners, SiqueiraCastro works in all phases of the succession process to assure satisfactory outcomes, from estate planning to resolution of disputes.

 

Our lawyers are noted for their expertise in preparing wills, handling probate, preparing legal opinions and succession planning for individuals and family firms, involving assets in Brazil and abroad. We also provide support in competency and guardianship cases, contracts to donate assets and rights and other related matters.

 

We act in multidisciplinary fashion to achieve solutions that are efficient from the pecuniary and tax standpoints, in structures that are in line with what Brazilian courts accept. Our international connections allow us to serve clients with interests in different jurisdictions, which facilitates the formulation and implementation of the most appropriate legal strategy for each case.

TAX LAW

Offering complete solutions regarding Brazil’s complex tax system requires an equally complete range of skills. With experience, technical excellence and unique capillarity in and outside Brazil, our lawyers combine scale and personalization to serve clients in nearly all sectors.

 

In the litigation area, we develop strategies to cancel/reduce tax obligations and/or to validate tax credits and carryforwards, in the administrative and judicial spheres. Based on the results, we identify contingencies and ways to minimize tax exposure.

 

In the consulting area, we advise our clients about the best interpretation of tax laws and regulations, to identify opportunities (e.g., to use offsetting credits) and obtain tax incentives and special regimes, among others.

 

Our work includes:

– Tax planning in mergers, acquisitions and other corporate restructuring transactions.
– Due diligence.
– Advice in transnational projects involving infrastructure and new business ventures (greenfield projects).
– Tax consulting.
– National and international tax planning.
– Transfer pricing.
– Project finance.
– International assistance.
– Tax litigation.
– Auditing.
– Legislative and regulatory developments.

THIRD SECTOR

The projects developed by the third sector, which constitutes an important vector for support to governmental entities in implementing actions in the public interest, need to comply with a legal framework specifically established for this sector, with strong influence of the regime of public law.

 

Out team works to prepare legal opinions and defenses for presentation to regulatory authorities and audit tribunals, formulates legal-administrative structures for projects, maps activities and analyzes opportunities, among other activities.

 

The regulatory law experience of SiqueiraCastro gained during its 70 years of existence encompasses all aspects of the structuring and legal shielding of projects involving the third sector.

TOURISM, SPORTS AND ENTERTAINMENT

The entertainment market has its own language and requires the attention of lawyers with experience in the sector, who know its specific features and business environment. Relying on a highly qualified team of professional, many with backgrounds in the legal departments of the main players in the entertainment market, Siqueira Castro offers specialized services in the entertainment law area, in a wide range of segments, including sports; audiovisual works; social media; new technologies; marketing, publicity and advertising; representation of celebrities; publishing; video games; and music, theater and other artistic shows.

 

Our practice:

– Support in the production, licensing, distribution and marketing of musical and audiovisual works and video games.
– Technical notes on the possibility of using copyrighted works belonging to other parties.
– Clearance of rights.
– Preparation, analysis and revision of agreements for acquisition of works, including option agreements for acquisition of future works, contracts for production and co-production, distribution agreements and sponsorship or support agreements.
– Preparation, analysis and revision of merchandising agreements, including product and brand placement, artistic agreements, and musical synchronization agreements, among others.
– Preparation, analysis and revision of agreements for licensing of names, brands and images.
– Representation in administrative cases conducted by the Ministry of Culture, National Cinema Agency (ANCINE) and National Council for Advertising Self-Regulation (CONAR).
– Administrative and judicial litigation.

TRANSPORTATION

SiqueiraCastro renders legal support in regulatory law involving projects with governmental entities related to all modes of public transportation, as well as representing clients in administrative proceedings conducted by federal and state regulatory agencies throughout the country (among them ANAC, ANTAQ, ANTT, ARTESP and AGETRANSP).

 

Our specialized team provides full legal support in all phases of public tenders and contracts, prepares legal opinions and administrative defenses, participates in meetings and monitors procedures with public authorities, including complex matters like fare revision and renewal of concessions.

 

The regulatory law experience of SiqueiraCastro built during decades of work by its practitioners enables providing singular legal services to meet the needs and interests of our clients.

Clients
SERVICES
Associations and Unions

Energy

Engineering

Entertainment

Financial Services

Food

Health

Hospitality

Import and Export

Information Technology

Insurance and Reinsurance

Marketing

Private Pension Plans

Publicity and Communication

Public Service Concessions

Real Estate Projects

Shopping Centers

Sports

Telecommunications

Transportation

INDUSTRY
Agribusiness

Armaments

Automotive

Aviation

Beverages

Chemicals

Civil Construction

Clothing

Cosmetics

Electrical and Electronic Products

Foods

Gas

Logistics

Metallurgy

Mining

Navigation

Petroleum

Pharmaceuticals

Pulp and Paper

Retailing

Steelmaking

Tobacco