PRACTICE AREAS


The constant changes in the legal and socio-economic relations demands, everyday, a closer relationship between companies and their legal advisers. Therefore, it is important that companies may rely on high quality consulting in several areas. Thus, Elcio Reis & Advogados Associados lists and explains its areas of expertise:

  • Assistance in commercial arbitration proceedings;
  • Follow up in arbitration proceedings in Brazil or abroad;
  • Expertise in arbitration and mediation processes;
  • General Counsel in contract negotiation, legal assistance in drafting contracts and arbitration clauses;
  • Development and implementation of arbitration;
  • Preparation of arbitration proceedings in Brazil and abroad.
  • Analysis of public announcements, reviews of proposals, preparation of administrative appeals and motions to deny;
  • Negotiation and draft of administrative contracts;
  • Evaluation of risk assessment in administrative contracts;
  • Legal defense in administrative proceedings;
  • Legal counsel to public agencies and governmental entities;
  • Interface with regulatory agencies (ANEEL, ANATEL, ANR, DNPM, Banco Central and others).
  • Development of consults and legal opinions;
  • Assessment of contractual and extra contractual risks and responsibilities;
  • Guidance in structuring deals and contracts;
  • Assistance to both national and foreign companies in the negotiation and conclusion of local and international contracts, including sale of goods, service contracts and supply contracts, distribution and manufacturing, representation, lease of movable property, franchising, factoring, banking, exchange, transportation, loan, mutual, among others;
  • Analysis of Banking contracts;
  • Expertise in civil and banking litigation;
  • Preparation, filing and tracking of appeals before State Courts, Regional Federal Courts and before the Superior Courts in Brasilia.
  • Preventive practice and representation of legal entities and individuals in disputes involving suppliers and consumers of products and services;
  • Representation of companies in administrative litigation (PROCON, Public Ministry and other agencies of consumer protection).
  • General counsel focused in commercial law, such as Bankruptcy, Judicial and Extrajudicial Recovery, Credit Securities, as well as study and drafting of commercial contracts, aiming preventive actions against future litigation;
  • Preventive and/or active proceedings in litigation involving financial institutions, in order to achieve effective financial income for the clients, such as the recovery of bank loans and/or reduction of credit liabilities;
  • Guidance and defense in bankruptcy proceedings, judicial and extrajudicial recovery, credit qualifications, restraining of protest and liability management.
  • Drafting, negotiations and general counsel in the establishment of rural and urban real estate developments such as subdivisions, vertical and horizontal condominiums as well as transactions involving real estate assets;
  • Assessment of contractual and extra contractual risks and responsibilities;
  • Guidance in structuring deals and contracts;
  • Assistance to national and foreign companies in the negotiation and execution of local and international contracts, including shopping center contracts, real estate leasing, exchanges, lending, among other contracts;
  • Proceedings in real estate litigation.
  • Incorporation of companies in Brazil and abroad;
  • General Counsel in corporate reorganizations (mergers and acquisitions, spin-off, and transformations);
  • Preparation of articles of association and amendments in order to open, increase or reduce capital;
  • General Counsel in succession planning of family businesses;
  • Analysis of corporate documents;
  • General Counsel in the purchase or sale of share control;
  • Negotiation and counsel in the formation of strategic alliances, joint ventures and development of Shareholders Agreements, purchase and sale of stocks, among others;
  • General Counsel, preventive or preparatory analysis of corporate proceedings involving partial or total dissolution of companies, corporate exclusion, among others.
  • Evaluation of labor liabilities;
  • General Counsel to human resources departments, covering in particular, the development and analysis of employment contracts (including employment of foreigners) and benefit plans, including profit share and/or results plans, stock option plans, voluntary severance and variable compensation plans in general, as well as advisory regarding dismissal proceedings;
  • Advisory and conduction of outsourcing proceedings;
  • Representation of individuals and legal entities in litigation and administrative proceedings related to the enforcement of labor standards;
  • Representation of companies in collective bargaining and in the negotiation of collective contracts.
  • Tax planning related to tax savings (IR, IRRF, CSSL, COFINS, PIS, IPI, ICMS, ISS, IOF, ITBI);
  • Restructuring of operations to minimize tax burden;
  • Preventive Tax Counsel focused on the correspondence to the appropriate legislation;
  • Participation in Tax Planning Committees;
  • Recovery of taxes and federal, state and municipal contributions;
  • Defense in administrative and judicial tax litigation.
  • We advise and represent national and international firms during all phases of negotiations and transactions, including but not limited to company restructuring for the purpose of meeting the legal requirements needed to carry out international business. We accompany and support you throughout the life cycle of your business activity to ensure the judicial and operational soundness of all your business decisions.
  • Our practice covers:
    • Operations in the purchase and sale of companies;
    • Private and stock-market acquisition of corporate equity;
    • Corporate restructuring, including the analysis of domestic and multi-jurisdictional fiscal, regulatory, operational, and strategic elements;
    • In collaboration with partner and associated firms in Brazil and North America, we draw up complex commercial contracts for cooperative undertakings among national and international business groups who wish to invest together in Brazil or in other countries;
    • The drawing-up, review, and negotiation of preliminary contracts such as memorand of understanding, letters of intent, confidentiality and non-competition agreements, as well as various types of typical and atypical contracts prescribed by Brazilian law, including contracts related to product distribution, commercial representation, toll manufacturing, the purchase and sale of goods and commercial establishments, among others.
    • Advice in the matter of the extinguishment of contractual obligations, including extrajudicial measures aimed at compliance, termination, dissolution, or cancellation of contracts.

.Arbitration

  • Assistance in commercial arbitration proceedings;
  • Follow up in arbitration proceedings in Brazil or abroad;
  • Expertise in arbitration and mediation processes;
  • General Counsel in contract negotiation, legal assistance in drafting contracts and arbitration clauses;
  • Development and implementation of arbitration;
  • Preparation of arbitration proceedings in Brazil and abroad.

.Administrative Law

  • Analysis of public announcements, reviews of proposals, preparation of administrative appeals and motions to deny;
  • Negotiation and draft of administrative contracts;
  • Evaluation of risk assessment in administrative contracts;
  • Legal defense in administrative proceedings;
  • Legal counsel to public agencies and governmental entities;
  • Interface with regulatory agencies (ANEEL, ANATEL, ANR, DNPM, Banco Central and others).

.Civil and Banking Law

  • Development of consults and legal opinions;
  • Assessment of contractual and extra contractual risks and responsibilities;
  • Guidance in structuring deals and contracts;
  • Assistance to both national and foreign companies in the negotiation and conclusion of local and international contracts, including sale of goods, service contracts and supply contracts, distribution and manufacturing, representation, lease of movable property, franchising, factoring, banking, exchange, transportation, loan, mutual, among others;
  • Analysis of Banking contracts;
  • Expertise in civil and banking litigation;
  • Preparation, filing and tracking of appeals before State Courts, Regional Federal Courts and before the Superior Courts in Brasilia.

.Consumer Law

  • Preventive practice and representation of legal entities and individuals in disputes involving suppliers and consumers of products and services;
  • Representation of companies in administrative litigation (PROCON, Public Ministry and other agencies of consumer protection).

.Commercial Law

  • General counsel focused in commercial law, such as Bankruptcy, Judicial and Extrajudicial Recovery, Credit Securities, as well as study and drafting of commercial contracts, aiming preventive actions against future litigation;
  • Preventive and/or active proceedings in litigation involving financial institutions, in order to achieve effective financial income for the clients, such as the recovery of bank loans and/or reduction of credit liabilities;
  • Guidance and defense in bankruptcy proceedings, judicial and extrajudicial recovery, credit qualifications, restraining of protest and liability management.

.Real Estate Law

  • Drafting, negotiations and general counsel in the establishment of rural and urban real estate developments such as subdivisions, vertical and horizontal condominiums as well as transactions involving real estate assets;
  • Assessment of contractual and extra contractual risks and responsibilities;
  • Guidance in structuring deals and contracts;
  • Assistance to national and foreign companies in the negotiation and execution of local and international contracts, including shopping center contracts, real estate leasing, exchanges, lending, among other contracts;
  • Proceedings in real estate litigation.

.Corporate Law

  • Incorporation of companies in Brazil and abroad;
  • General Counsel in corporate reorganizations (mergers and acquisitions, spin-off, and transformations);
  • Preparation of articles of association and amendments in order to open, increase or reduce capital;
  • General Counsel in succession planning of family businesses;
  • Analysis of corporate documents;
  • General Counsel in the purchase or sale of share control;
  • Negotiation and counsel in the formation of strategic alliances, joint ventures and development of Shareholders Agreements, purchase and sale of stocks, among others;
  • General Counsel, preventive or preparatory analysis of corporate proceedings involving partial or total dissolution of companies, corporate exclusion, among others.

.Labor Law

  • Evaluation of labor liabilities;
  • General Counsel to human resources departments, covering in particular, the development and analysis of employment contracts (including employment of foreigners) and benefit plans, including profit share and/or results plans, stock option plans, voluntary severance and variable compensation plans in general, as well as advisory regarding dismissal proceedings;
  • Advisory and conduction of outsourcing proceedings;
  • Representation of individuals and legal entities in litigation and administrative proceedings related to the enforcement of labor standards;
  • Representation of companies in collective bargaining and in the negotiation of collective contracts.

.Tax Law

  • Tax planning related to tax savings (IR, IRRF, CSSL, COFINS, PIS, IPI, ICMS, ISS, IOF, ITBI);
  • Restructuring of operations to minimize tax burden;
  • Preventive Tax Counsel focused on the correspondence to the appropriate legislation;
  • Participation in Tax Planning Committees;
  • Recovery of taxes and federal, state and municipal contributions;
  • Defense in administrative and judicial tax litigation.

.International Business Law

  • We advise and represent national and international firms during all phases of negotiations and transactions, including but not limited to company restructuring for the purpose of meeting the legal requirements needed to carry out international business. We accompany and support you throughout the life cycle of your business activity to ensure the judicial and operational soundness of all your business decisions.
  • Our practice covers:
    • Operations in the purchase and sale of companies;
    • Private and stock-market acquisition of corporate equity;
    • Corporate restructuring, including the analysis of domestic and multi-jurisdictional fiscal, regulatory, operational, and strategic elements;
    • In collaboration with partner and associated firms in Brazil and North America, we draw up complex commercial contracts for cooperative undertakings among national and international business groups who wish to invest together in Brazil or in other countries;
    • The drawing-up, review, and negotiation of preliminary contracts such as memorand of understanding, letters of intent, confidentiality and non-competition agreements, as well as various types of typical and atypical contracts prescribed by Brazilian law, including contracts related to product distribution, commercial representation, toll manufacturing, the purchase and sale of goods and commercial establishments, among others.
    • Advice in the matter of the extinguishment of contractual obligations, including extrajudicial measures aimed at compliance, termination, dissolution, or cancellation of contracts.