Profile
Mattos Muriel Kestener Advogados law firm is based in Sao Paulo,Rio de Janeiro and Brasília, Brazil. Practice areas consist of agribusiness, antitrust and regulated areas, business and corporate, complex litigation, constitutional/administrative/regulatory, environmental, family and succession, planning, government relations, intellectual property, international trade and trade representation, labour, life sciences, mediation and arbitration, real estate and tax.
Overview
Mattos Muriel Kestener Advogados is a business oriented law firm, which differentiates itself by the highly qualified and personalized service to its corporate clients. Its aim is to provide top quality legal services to fulfill clients’ requirements through total commitment to their goals. The members of the firm have a strong academic background acquired at the best universities. These features enable a better understanding of the client’s needs so as to provide a differentiated service, which adds value to the business.
The law firm also counts on a permanent group of consultants, who have a high-academic background and an outstanding reputation in their respective practices, such as in international law, business law, arbitration and engineering.
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Practice Overview
Agribusiness: All measures relating to regulatory and business rules, as well as the structuring and implementation of agricultural projects. Representation before the Department of Agriculture, with an emphasis on agribusiness: domestic trade; export/import and counsel upon the registration of products within its purview.
Antitrust and Regulated Areas: Representation before the Brazilian Competition Authorities and the regulatory agencies. Representation in administrative proceedings, including notices of concentration acts arising out of (intl) mergers, acquisitions and joint ventures, as well as representation in antitrust investigation proceedings, such as cartels and abuse of dominant position. Advice and elaboration of compliance programs in relation to antitrust practice and violations. Antitrust legislation representation in court.
Business and Corporate: Comprises a wide range of projects related to M&A`s, private equity and venture capital, corporate reorganizations, as well as corporate governance, finance transactions, and regulated sector transactions (energy, telecom, etc) and negotiation/drafting of commercial contracts.
Complex Litigation: Complex litigation, including class actions, involving tort liability, product liability and consumer relations with cross-border implications. General tort and contractual liability as well as specialized sector litigation notably, real estate, fiscal, corporate, capital infrastructure: financial services and capital markets. Administrative proceedings and judicial litigation involving government procurement agreements and contracts with governmental entities.
Constitutional/Administrative/Regulatory: Constitutional and administrative law in general, with emphasis on urban planning law and regulated areas of the economy: ports, airports, electricity, energy, oil & gas, public-private partnerships and telecommunications. Strategy development rendering projects compliant with administrative rules and ordinances. Public bids and government procurement agreements.
Environmental: All aspects of procedures providing for compliance with applicable legislation and representation before environmental, administrative and judicial bodies.
Family and Succession Planning: Family law in general including adoption, minor’s custody and tutorship. Succession planning.
Government Relations: Contribution and support for the improvement of statutory and administrative rules notably, by means of interaction with members of the Legislative Branch and rule crafting personnel in the Executive Branch, including regulatory agencies (ANATEL, ANP, ANEEL, ANTAQ). Monitoring and follow-up of bills of law and regulation under discussion before public authorities.
Intellectual Property: All aspects of registration, protection and enforcement of IP rights, including commercial and industrial property (franchising/internet law).
International Trade and Trade Representation: Advice and representation of companies in connection with trade violation practices (antidumping measures, subsidies and safeguards) in Brazil. International trade litigation submitted to the Dispute Resolution Mechanism of the WTO and Mercosur. Follow-up of international negotiations and amendment proposals to bilateral, regional and multilateral treaties (WTO, MERCOSUR and others).
Labour: Employment law and litigation in general, including collective bargaining and labour agreements.
Life Sciences: Advice to companies in the healthcare area (pharmaceutical products, cosmetics, food, tobacco, cleansing products, health products etc.) relating to the set up, manufacturing, importation and exportation, distribution and marketing of products before the Department of Health, ANVISA and state and municipal health protection agencies. Administrative and court proceedings on the representation of companies and their products with respect to the regulations and their enforcement by the relevant healthcare authorities.
Mediation and Arbitration: Representation as lead counsel or co-counsel in alternative dispute resolution proceedings involving construction and development projects, energy, telecommunications, corporate disputes and venture capital, among others. Representation of domestic and multinational clients in mediation and arbitration cases administered by domestic or international arbitral institutions. Review and advice of dispute resolution clauses in complex agreements and negotiation of arbitration agreements in on-going disputes.
Real Estate: Structuring of complex real estate projects. Studies, legal opinions and agreements, preliminary purchase-and-sale agreements, purchase-and-sale agreements, barter, datio in solutio agreements, mortgage, fiduciary assignment, lease, construction, built-to-suit, condominium rules, etc. with respect to both urban and rural properties. Due diligence investigations of a company’s real estate assets, shopping malls and real estate investment funds. Interface with relevant governmental bodies and the District Attorney’s Office. Measurement correction processes and good-standing of real estate properties.
Tax: Advice on all corporate and personal tax issues and planning opportunities; due diligences and contingency assessments. Domestic and cross-border transactions, including application of international tax treaties and transfer pricing rules. Specific segment fiscal applications (pharmaceutical, cosmetic, personal care, agribusiness, telecom, gas and oil, among others). Administrative and judicial tax litigation.
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