Firm / Organisation

Motta Fernandes Advogados

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Founding Partners: Oswaldo de Moraes Bastos Sobrinho, Alaor de Lima Filho
Senior Partners: Eduardo Garcia de Araujo Jorge, Horacio Bernardes Neto, Maria Regina Mangabeira Albernaz Lynch, Roberto Liesegang, Márcio Monteiro Gea, Michael Altit, Cecilia Vidigal Monteiro de Barros, Denise de Sousa e Silva Alvarenga
Number of partners: 63

Firm Overview:
Founded in 1956, Motta Fernandes - Advogados is one of the most respected law firms within the Brazilian marketplace, notable for its cutting-edge approach to management and leadership.
With offices in the two major cities of Brazil, Rio de Janeiro and São Paulo, the firm has 41 attorneys, all partners, highly qualified in different fields of law. The teams are organised to address the needs of the clients according to the nature of each case, with a view to putting the talents of each member of staff to the best possible use.
Throughout the firm’s history, Motta Fernandes - Advogados has been recognised for successfully advising clients and representing local and foreign organisations from diverse sectors of the economy.

Main Areas of Practice:
Administrative & Constitutional Law:

The firm has experience in judicial and administrative procedures regarding constitutional rights, with views to control the constitutionality of regulations created in contradiction to the principles and rules established in the Brazilian federal and state constitutions.

Aeronautical Law:
Financing and leasing, aircraft registration and deregistration, tax driven structures, repossession and foreclosure and air transport regulations. Antitrust: The firm is qualified to deal with competition law and regulation – Administrative Economic Defense Council (CADE), as well as consumer defence.

Arbitration & Litigation:
The firm is experienced in representing companies involved in domestic and international arbitrations, as well as assisting them in proceedings involving international litigation, having experience both in the coordination of litigation abroad on behalf of Brazilian clients, and in providing advice to its foreign clients in Brazil.

Banking, Finance, Structured Financial Transactions & Investment Funds:
The firm pioneered the design and implementation of operations involving securitisation in Brazil, acting for both originators and takers of the receivables. The firm also provides assistance in all legal matters relating to the structuring of project finance operations and structured financial transactions.

Capital Markets, Corporate, Mergers & Acquisitions:
The firm has wide experience in providing legal services in relation to the formation of various types of companies and associations, public and closely held companies, spin-offs and consolidations, shareholder agreements, debt conversion into investment, as well as the issue of securities in Brazil and abroad.

Energy, Oil & Gas:
The firm is active in providing legal assistance to local and foreign clients involved in the energy sector, advising in obtaining tax incentives for importation of equipment, financing of vessels, as well as in negotiations and execution of agreements regarding bioethanol exportation and negotiations concerning the acquisitions of new sugar ethanol plants.

Family Law & Inheritance:
The firm has experience in providing legal services in matters of family law and inheritance, including separation and divorce procedures, guarding and keeping of children, tutelage and interdiction, as well as in the non judicial assistance in the preparation of pre nuptial agreements.

Infrastructure & Project Finance:
Assistance in the preparation and negotiation of the necessary documents to fund a project, including EPC agreements, loan agreements, assignment of funds agreements, support agreements to shareholders, performance bonds, amongst others.

Insurance:

In this field, the firm deals with loss adjustment, insurance and reinsurance advice, negotiation, litigation and coverage disputes.

Intellectual Property:
Experience gained whilst providing services related in all kind of intellectual property, such as e-commerce agreements, e-payments, privacy and data protection.

Labour:
The firm has experience in providing legal advice in labour consultancy, labour administrative litigation, labour judicial litigation as well as due diligence.

Private Equity:
The firm is very active not only in the setting up of funds and assistance in the negotiation, but also in the assistance with the regulatory aspects for the obtaining of funds with domestic and foreign investors.

Real Estate:
The firm is qualified to advise on all legal matters relating to the development and implementation of real estate ventures, including those involving shopping centres, hotels, residential and commercial buildings.

Regulatory Law:
The firm has extensive experience in providing legal assistance in relation to the privatisation and concession of public services, having acted both on behalf of federal, state and municipal entities, as well as representing private investors.

Restructuring & Insolvency:
The firm has experience in advising companies which find themselves in a state of pre-insolvency or insolvency, with a view to achieving its recovery through implementation of legal structures.

Tax Law & Planning:
The firm is prepared to render services involving all tax matters. The tax team works hand in hand with the corporate team, so as to structure transactions in the most efficient manner tax-wise.

Technology & Digital Law:
Consulting on the legal aspects of the Internet in Brazil, especially in connection with e-commerce, privacy and data protection and assistance to companies interested in investing in the information technology sector in Brazil.

Languages: Portuguese, English, French, Spanish, German, Dutch, Italian.