Firm / Organisation

DR&A Advogados

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This content is provided by DR&A Advogados.

Managing Partner: Danilo Garbin Machado, Dinir Salvador Rios da Rocha, Julia Santoro de Camargo Donato, Paulo Bezerra de Menezes Reiff, Paulo Octaviano Diniz Junqueira Neto
Number of partners: 5
Number of lawyers: 20

Firm Overview:
A group of lawyers acting on the market for almost 20 years and experienced in large and representative law firms in the country decided to create DR&A Advogados, a boutique law firm aiming at providing effective, customised and highly qualified legal solutions in insurance, reinsurance and private pension fund practices as well as civil, commercial and consumer laws. The firm’s main target is to exceed the expectations of clients, who the firm also considers as business partners. DR&A Advogados have a multidisciplinary view of insurance law and intend to get to know the specifications of each of its clients’ businesses in order to maximise their profits and optimise their time and costs.

Main Areas of Practice:

Claims:

Insurance claim adjustment, including implementation of measures for recovery of values; preparation of memoranda and legal opinions related to various types of insurance claims; legal advice to insurers in settling claims and interacting with parent companies located abroad and reinsurers.

Contracts:
Preparation and negotiation of insurance and reinsurance agreements; preparation and negotiation of cooperation, coinsurance and bancassurance agreements; legal advice on structuring and negotiation of sponsorship withdrawal projects, merger and demerger of benefit plans managed by pension funds; legal advice on the investment rules set forth by the Brazilian Securities Commission and the National Monetary Council for insurance, reinsurance and private pension companies.

Corporate & M&A:
Incorporation of insurance, brokerage and health insurance companies; drafting of corporate documents to companies in general (including insurance companies); preparation and filing of regulated companies’ corporate acts before regulatory bodies and board of trade; advice on regulatory, tax and exchange issues relating to foreign investments in companies regulated in Brazil; follow up on incorporation, transfer of corporate control and restructuring procedures of insurance and private pension companies; due diligence conduction on target companies for acquisition; advice on acquisitions, consolidations, mergers, spin-off, joint ventures and divestitures of regulated companies; advice on transfers of insurer’s portfolios; due diligence conduction on target companies for acquisition; advice on acquisitions, consolidations, mergers, spin-off, joint ventures and divestitures of regulated companies; advice on transfers of insurer’s portfolios.

Insurance, Reinsurance & Private Pension Fund:
Assistance in insurance regulatory issues to insurance companies (mainly subsidiaries of foreign insurers); creation, revision, development and negotiation of new insurance products (emphasising Financial Lines products such as D&O, E&O, IMI, PFI, performance and completion bonds, among others), reinsurance and private pension products, including follow up for obtaining the relevant approvals before government agencies; contact with the Brazilian insurance regulatory authority - SUSEP, Previc, ANS and the Central Bank of Brazil – Bacen; structuring of insurance transactions and loans with surety; in-company training on new products and regulations relating to the insurance, reinsurance and private pension market; legal advising on setting reserves based on lawsuits and administrative proceedings; drafting of memoranda and legal opinions on insurance, reinsurance and private pension related matters; due diligence in insurer’s claims department in order to verify the status of claims adjustment and relevant risk exposure; legal advice on electronic law matters on procuring insurance policies and retirement plans; following up on bills and regulations in the insurance field; legal advice on intervention, liquidation or special management in regulated companies; creation of corporate and operational structures to captive insurers for large corporative groups; preparation and negotiation of pooling agreements; legal advice on structuring of international insurance programs (DIC/DIL); formatting and negotiation of facilities between insurance brokerages and insurers.

Litigation:
Assistance to insurance companies in complex cases involving surety bonds and D&O insurance; defense of insurance companies and its directors and officers in administrative proceedings filed by SUSEP; legal advice on actions for recovery under insurers’ and reinsurers’ subrogation rights (including collateral enforcement); legal assistance in commercial and civil matters in judicial and arbitral disputes related to commercial contracts, civil liability, enforcement of contracts, insurance, consumer law (administrative and judicial proceedings), administrative law; large experience in class actions and retail market.

Languages:
Portuguese, Italian, English, Spanish.