Fraga, Bekierman & Pacheco Neto Advogados

Fraga Bekierman & Pacheco Neto is engaged mostly in activities such as advising foreign companies and investors in the structuring and implementation of multidisciplinary and multi-jurisdictional transactions, as well as setting up operations in Brazil and Mercosur on an independent way or through associations with local partners.  Relevant issues include:

• Currency exchange rules
• Foreign investment registration with the Brazilian Central Bank
• Company incorporation of foreign companies in Brazil
• Property acquisition in Brazil
• Guidance on the complex Brazilian labour and tax law

Our firm has considerable experience in corporate and capital markets law. Our practice consists of:

• Representing clients before the São Paulo Stock Exchange (BOVESPA) and the Brazilian Securities and Exchanges Commission (CVM).
• Guidance on important associations and shareholders´ agreements
• Incorporation of companies
• Financing or hedging for companies by setting up a structure for distribution of titles in the Brazilian and foreign capital markets.

Fraga, Berkierman & Pacheco Neto has been deeply involved in relevant mergers and acquisitions in Brazil. The firm assists buyers, sellers and investment funds participating in the operations as financial consultants, in all stages of the process, from due diligence to fiscal and corporate planning . Our team is able to elaborate and engage in all sorts of commercial, financial transactions, both at the national and international levels. This department has specialists in real estate laws, who prepare the incorporation agreements and facilitate all sorts of real estate enterprises.

Our activities range from preventive consulting to administrative and judicial litigation of Municipal, State or Federal taxes, including:

• Tax planning and clarification of inquiries raised by clients
• Drafting of opinions and/or administrative inquiries
• Preventive defence of fiscal demands considered illegal or against the Brazilian constitution
• Protection against tax assessments
• Sizing and recovery of taxes and unduly paid contributions at the administrative or judicial levels

With the assistance of experts in various fields, our firm has major experience in civil litigation, especially in matters of commercial law, indemnification lawsuits resulting from several circumstances, such as cargo transportation and collection of selected credits.

We provide clients with a wide range of legal services related to real estate law, particularly:

• Development of studies and legal opinions
• Legal audit for the acquisition of urban or rural properties
• Support in notary procedures, including the organization and registration of incorporation memos, administrative and judicial rectifying procedures of measurements and regularization of real property in general;
• Drafting of contracts: sales agreement, barter, lease, construction, payment in kind,  built-to-suit, real warranties (mortgage, liens), etc.
• Consulting for development and management of real estate projects of great complexity, including real estate investments funds, shopping malls and hotel enterprises
• Legal audit to evaluate real estate assets of entities and real estate investment funds
• Representation before government agencies such as the Department of Federal Governmental Assets (SPU), state prosecutors, Internal Revenue Service of Brazil (SRFB), etc.

Our practice covers the following areas:

• Preventive consulting to facilitate compliance with laws protecting the environment at the Federal, State and Municipal levels
• Representation before governmental agencies responsible for enforcing legislations, such as the Brazilian Environmental Institute (IBAMA and INEA), State and Municipal Environmental Departments
• Defence at the administrative and judicial levels, against assessments

We represent clients in:

• Labour disputes
• Prior reconciliations
• Negotiations with labour unions and bargaining on individual and collective Labour agreements

The department is active in consulting for the prevention of labour lawsuits and minimizing risks of labour liabilities, resulting from employment relations and assessments by the Ministries of Labour and Social Security.

Our Administrative law practice provides the following legal support:

• Public Bids: we operate in all phases of the process, from examining to preparing the documents to meet the requirements established in the  announcements up to the presentation of defences, appeals, and other relevant defences
• Legal advice to agents involved in regulated markets (e.g., electricity, oil and natural gas, water and sanitation, telecommunication), before the regulatory agencies (ANEEL, ANP, ANVISA, ANATEL, ANAC, ANA and ANTT) and other governmental bodies
• Support to companies exploiting minerals, including licensing and all required authorizations before governmental bodies
• Drafting of assignment agreements and transfer of mineral rights, leasing of deposits, and the elaboration and negotiation of agreements with landowners of the potential exploited or researched land
• Consulting on mining legislation, taxation, cost of delimitation of deposits and the incorporation of mining rights.

• We advise clients, by consulting and monitoring processes at the Economic Development Council –CADE and the Department of Economic Defence (SDE)
• Consultation on antitrust law regarding monopolies, cartels, dumping and subsidies, or with regard to unfair commercial practices
• Protection in Brazil and support abroad against unfair competition in international trade

 

Fraga, Bekierman & Pacheco Neto offers a wide range of legal services related to Intellectual Property Rights, supporting clients with their registries and tracking of trademarks, patents, industrial design, copyrights, domain names and all other intangible assets with such nature, including consulting and litigation.

Our firm can also assist in the preparation, registration and/or amendments of technology transfer contracts before the National Institute of Industrial Property (INPI), including, but not limited to, license agreements for use of trademarks , patents, industrial design, know-how or technology in the strict sense, technical assistance and other administrative services, and franchise agreements. Such services allow payments as compensation, and royalties, especially with regard to remittances abroad.

We have a department specialized in IPR litigation, able to assist clients in several actions and specific demands covered by the Brazilian Intellectual Property Law, such as annulment, abstention from use, searches and seizures and other mechanisms, supported by the Industrial Property Law and international treaties (CUP - the Paris Convention and the TRIPS Agreement), and other actions with the general nature of condemnation, declaratory, constitutions and other measures/emergency guardianships. Our IPR Department can also assist clients in matters involving the regulatory area of ​​ANVISA – National Sanitation Agency.

With regard to Sports Law, our firm provides the following services:

• Assistance in negotiating and drafting contracts
• Assistance in resolving conflicts related to industrial property regarding sports
• Consulting for protection and development of Professional image

We also support the development of products and partnerships at the domestic and international level, tax and labour consulting in this segment.

Our practice includes the services listed below, with regard to insurance on maritime transportation, cargo transportation, environmental liability, surety bond, auto insurance, PGBL, VGBL, PRGP, PRSA, PAGP, and Traditional Plans:

• Assistance to agents of the insurance industry on regulatory, contractual, and criminal issues
• Defence of the interests of agents related to Insurance and Pension Funds
• Representation before government agencies such as the Superintendence of Private Insurance (SUSEP) and police stations.
• Negotiation and drafting of personalized and exclusive contracts
• Assistance in judicial and administrative litigation