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Advocacia Waltenberg

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Managing Partner: David A M Waltenberg
Senior Partners: Cristiana Reis, André Edelstein, Gerusa Magalhães
Number of partners: 8

Electrical Energy:
David A M Waltenberg
Natural Gas: Gerusa Magalhães
Tax: André Edelstein
Administrative Law: Cristiana Reis
Corporate, Contract & Commercial: David A M Walternberg
Preventive Practice, Mediation & Arbitration – Administrative & Court Litigation: André Edelstein

Firm Overview:
Advocacia Waltenberg started its activities in 1998, focusing on legal and regulatory matters related to electrical energy-based services and activities, grounded on the previous experience of its founder David A M Waltenberg, who has been practicing in the industry since 1974 and is recognised as a specialist in the field. In time, and with a view to meeting its clients’ needs, Advocacia Waltenberg also began to provide services in the main areas of business law related to electrical energy and natural gas projects. This was made possible due to the steady development of a team that combines seasoned professionals and talented young attorneys, in a synergic process that has enabled continued and mutual development. At present, the experience and skills of Advocacia Waltenberg’s professionals allow the firm to assist its clients in matters pertaining to constitutional, regulatory, tax, administrative, contracts, corporate and commercial law, relating to the electrical energy and natural gas sectors. Due to its high level of specialisation in the energy law industry, Advocacia Waltenberg’s team has a unique ability to match an in-depth understanding of the technical, economical, financial and accounting issues related to the power and natural gas industries to their appropriate legal remedy. This allows Advocacia Waltenberg to provide its clients with high quality, tailor-made services.

Main Areas of Practice:

Advocacia Waltenberg is one of the leading firms in the energy law area in Brazil, providing consultancy and advice in all legal, regulatory and institutional aspects related to electrical energy and natural gas activities, such as:

Electrical Energy:
Transmission and power generation projects whether or not resulting from bids, and be them water, thermal (nuclear, biomass, gas and coal), wind and solar-based tender offer and award and contracting of concession or authorisation; creation of consortium and/or special purpose company; land lease contracts, EPC contracts, financing, operation and maintenance contracts; acquisition, merger and spinoffs of concessionaires and authorisation holders and/or attainment of concessions and authorisations; transfer of share control; advisory in punitive and other procedures in the framework of ANEEL and other sectoral institutions; contracting of free and regulated Power Purchase Agreements (PPAs and CCEARs or CERs, respectively), negotiation of access and use of the transmission and distribution systems (CCT, CUST, CCD and CUSD, respectively); assessment of ANEEL’s acts, CCEE’s Trading Rules and Procedures and the ONS Grid Procedures; public hearings, transmission and distribution tariff methodology; designing of institutional models for the sector; taxes and duties levied on businesses of the sector; mediation, arbitration, administrative and court litigation.

Natural Gas:
Exploitation, movement, distribution and marketing of natural gas; constitutional, legal and regulatory jurisdiction of the different government levels (federal and state) referring to the natural gas productive chain; bills and recommendations for improvement of legal and regulatory rules, and follow-up of the relevant approval processes; purchase and sale of natural gas and access to gas pipelines; tariff review and/or tariff adjustment; public hearings.

Legal advice and assistance on taxes and duties levied on energy-based projects; tax planning, including in corporate restructuring; innovatory legal cases to support administrative and court litigation; preventive review of tax and accounting matters; administrative and court litigation.

Administrative Law:
Structuring of bids, analysis of notices to bid, requests for clarification, survey and assessment of the qualification documents and assistance in relations with the government; consulting and advisory on tender offer and administrative contracts, including Public-Private Partnership Agreements (PPP); administrative and court litigation.

Corporate, Contract & Commercial:
Legal advice and assistance on incorporation, winding- up, liquidation and dissolution of companies, consortium and joint ventures; acquisition, merger, spin-off, amalgamation and transformation of companies, equity control and group of companies; business contracts, including EPC contracts and contracts related to domestic and international project finance and corporate finance with IDB and BNDES, among others.

Preventive Practice, Mediation & Arbitration – Administrative & Court Litigation:
Preventive practice, to prevent disputes; mediation and arbitration, including international cases, administrative proceedings in the Ministério de Minas e Energia – MME, ANEEL, ANP and State regulatory agencies; court litigation.

English, French, Portuguese, Spanish.

Abrademp, Abrafe, Absolar, Alcoa, Andrade Gutierrez, Argo, Atlas Renewable Energy, Base, Braskem, Brentech, Casa dos Ventos, Coteminas, Covalis Capital, Dow, EDF/EN, FRV, General Motors, Gerdau, Greenyellow, Grupo Cobra, Grupo CPFL, Jirau, Norsk Hydro, Novelis, Porto Primavera, Rio Energy, Sinop, Taboca, Única, USAID/Nathan, Vale, Volkswagen and X-Elio.