Areas of Practice

Tolentino Advogados law firm provides services in an advisory and litigious capacity in various areas of the Law.

ARBITRATION

  • Consultancy for clients in pre-arbitration phase.
  • Client representation in arbitration proceedings.
  • Client representation in lawsuits and arbitration proceedings.

BANKING

  • Structured operations.
  • Securitization.
  • Litigation, arbitration and administrative litigation.

BUSINESS STRUCTURE AND INCORPORATION

  • Elaboration of incorporation agreements.
  • Partnership agreements, joint-venture and consortium contracts.
  • Business restructuring and reorganization, including succession planning.
  • Mergers and acquisitions, purchase and sale of assets and equity interests.
  • Consultancy for shareholder meetings.
  • Foreign investment.
  • Due diligence.
  • Litigation and arbitration.

COMPLIANCE
Preparation and review of compliance programs;

Preparation and review of codes of ethics and conduct;

Due diligence: internal auditing and third party auditing;

Drafting of clauses and review of contracts according to the anti-corruption legislation.

CONSTRUCTION AND INFRASTRUCTURE

  • Elaboration, analysis and negotiation of construction and infrastructure contracts.
  • Consultancy in contract execution.
  • Contractual management of project works.
  • Analysis, formulation and negotiation of litigation.
  • Litigation, arbitration and administrative litigation.

CONSUMER

  • Conducting and management of judicial and administrative proceedings before entities that compose the National Consumer Defense System (Sistema Nacional de Defesa do Consumidor) including Procon (Pro-Consumer Associations) and the Public Prosecutor/Defender.
  • Client representation in governmental lawsuits involving diffuse, collective and homogeneous interests or rights.

CONTRACTS

  • Consultancy in the analysis, elaboration and negotiation of corporate, financial, real estate, and incorporation contracts as well as others.

COURT-SUPERVISED REORGANIZATION AND BANKRUPTCY

  • Representation in bankruptcy and court-supervised reorganizations and bankruptcy cases.

FAMILY, INHERITANCE AND SURVIVORSHIP

  • Divorces and administrative and legal inventories.
  • Elaboration of wills & testaments and co-existence agreements.
  • Inheritance planning.
  • Management of interdiction processes.

LITIGATION

  • Management of lawsuits arising from any nature, including those involving highly complex strategies, towards all judicial instances.

LABOR

  • Judicial and administrative litigation.
  • Consultancy focused on litigation prevention and reduction of expenses related to litigation and liabilities.
  • Evaluation of labor liabilities and legal auditing.
  • Definitive of corporate compensation structures.
  • Collective (union) negotiation.
  • Due diligence for verification of liabilities and contingencies.

MEDIATION

  • Consultancy in mediation proceedings related to conflict management.

MINING AND ENVIRONMENTAL

  • Negotiation and formalization of transactions involving mineral assets.
  • Analysis and elaboration of contracts.
  • Management of proceedings before the National Mining Agency (Agencia Nacional de Mineração – ANM) and municipal & state environmental entities as well as the Brazilian Environmental and Natural Resource Institute (IBAMA).
  • Monitoring of civil investigations.
  • Due diligence for verification of environmental compliance of mining activities and certifications.
  • Litigation, arbitration and administrative litigation, involving contractual negotiations, assignment of mining rights, payment of royalties, mining easement, review of administrative acts of the Ministry of Mines and Energy, and municipal, state and IBAMA environmental agencies.

REAL ESTATE

  • Consultancy in real estate: analysis, negotiation and formalization of real estate transactions (purchases and sales of properties, incorporations, allotments and swaps among others).
  • Due diligence for verification of liabilities and contingencies.
  • Monitoring and analysis of licensing processes.
  • Consultancy in securing liens and guarantees (mortgage, easement, fiduciary security, etc.).
  • Litigation and arbitration.

REGULATORY AND ADMINISTRATIVE

  • Consultancy in the execution of governmental contracts, public-private sector partnerships, litigation review, contractual extension and rebalancing.
  • Extensive experience and expertise in the administrative and arbitration areas, with regulatory agencies and other inspection and fiscal entities, in civil investigations and matters related to bids, concessions, regulated activities and enforcement of sanctions (defense in infraction notices).
  • Orienting and representing clients in judicial areas in public civil proceedings, mass legal [analogous to class action] suits, writs of mandamus, improbity suits and tax executions.
  • Representing clients in arbitration proceedings involving Governmental Administration.

DATA PROTECTION AND PRIVACY (LGPD)

  • Preparation and review of the LGPD compliance program;
  • Drafting and review of privacy policies and internal policies for personal data protection;
  • Elaboration of clauses and revision of contracts to establish the treatment of personal data by suppliers, clients, etc.

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