The world watched with interest as Lula da Silva handed over power to Dilma Rousseff at the start of 2011. Brazil’s first female president had big shoes to fill – Lula’s presidency was widely judged to have been extremely successful. Despite initial concerns that Rousseff would fail to emerge from her predecessor’s shadow, she has not disappointed.
One has only to glance at the figures for Brazil’s economic growth to appreciate why it is the object of envy among global powers – according to the Brazilian Geography and Statistics Institute (IBGE) economic activity in Brazil has risen above pre-2008 levels in the majority of sectors. The economy grew 0.8 per cent in the second quarter of 2011, up 3.1 per cent on the same period last year. Private equity investments, at US$40 billion for 2011, are now eight times higher than in 2004. Clearly President Rousseff is doing something right.
Brazil’s extraordinary resilience in such tough economic times has not escaped the notice of foreign companies and investors. The discovery in 2007 of an estimated 80 to 100 billion barrels of oil off the country’s coast ignited the interest of businesses around the world. Moreover, thanks to recent legislation awarding state-run oil company Petrobras at least 30 per cent of any new discoveries, Brazil’s presence in the international market looks set to increase – officials predict it could become one of the world’s largest oil producers within the next five years. The agricultural and mining industries are also developing apace, having benefitted from high commodity prices and a recent return to growth in China, which has invested heavily in Brazil. All this activity means that no company with a global outlook can afford not to have a Brazil strategy.
The impact of these developments on the legal market has been significant. The discovery of Brazil’s ‘black gold’ has put a premium on oil and gas expertise among local lawyers and numerous energy boutiques have emerged in Rio de Janeiro as a result. Domestic competition is not the only challenge for Brazilian firms to contend with, however. Given the country’s continuing expansion into the global arena, it is not surprising that international law firms are increasingly interested in setting up shop in this exciting market. International law firms in Brazil are not a novelty – they are abundant in São Paulo – but currently most only offer US or European law. Many lawyers predict that the rules hindering international competition will not be tolerated for much longer and many Brazilian firms are girding their loins for that outcome. Some are doing so by making themselves attractive alliance or merger partners, others by improving themselves to withstand the competition. Exactly how or when these changes will come about is uncertain. One thing is certain though: Brazil is an economic force to be reckoned with, and our research reveals that Brazilian law firms have certainly risen to the challenge of keeping pace with the country’s development.
Fifteen of our practice area chapters have grown since the last edition: a fitting testament to Brazil’s astonishing rate of growth. In line with its increasing international activity, our trade and customs list has seen the most dramatic rise, with an additional five lawyers listed. Mergers and acquisitions continues to form the single most significant chunk of the publication, boasting 42 exceptional lawyers. Domestic commerce and industry is roaring ahead, creating more work for competition and capital markets lawyers, and our research reflects this. An increase in business inevitably means an increase in disputes, and it would appear that demand has shifted towards arbitration as the preferred method of dispute resolution, reflecting the growth in international disputes and energy related cases in particular – this year’s publication lists a higher number of arbitration lawyers, but fewer litigation practitioners. The expanded list of patent and trademarks lawyers also reflects the innovation and ambition that is driving Brazil’s economy forwards.
In short, the legal market in Brazil mirrors the sectors it represents – evolving, ambitious and constantly striving for self-improvement. Brazil is ‘the country of the moment’ and lawyers have seized with both hands the opportunity to capitalise on the wealth of work that is emerging from its industries. It remains to be seen how it will cope with the inevitable arrival of international competition but, if current trends are anything to go by, Brazilian law firms are more than adequately equipped to survive it. Internal competition has been fierce for some time and its effect appears to have been to drive up standards across the board. Our research reveals an outstanding breadth and depth of knowledge across 29 legal practice areas. Below we identify the nine leading law firms in the country, whose exceptional work has earned them the greatest number of listings in the chapters that follow.
Commercial arbitration continues to thrive in Brazil as more companies discover the advantages it offers for dispute resolution. In this chapter we identify 24 individuals noted for the outstanding quality of their work, both as arbitrators and as counsel.
Brazil is home to one of the fastest growing aviation markets in the world. The last year has seen the EU-Brazil negotiations reach a comprehensive agreement on air transport services. This will open the air traffic market by allowing all EU airlines to be able to freely operate direct flights to anywhere in Brazil from anywhere in Europe, and bring further investment opportunities to Brazil by increasing flexibility and reducing administrative burdens on airlines. Our research identifies 11 lawyers who are positioned to provide the expertise needed to guide the aviation industry through this transitional period.
Brazil’s economy, the largest in South America, has enjoyed mixed fortunes over the past year. The economy continued to display the stability with which it negotiated the global financial crisis, posting 7.7 per cent growth in 2010. On the other hand, inflation, government debt and strength of the Brazilian real against the US dollar have all given the country’s new administration cause for concern and prompted the Central Bank to raise interest rates. The 11 lawyers we list in this chapter are recognised as the leading experts in this exciting and rapidly developing legal sector.
Brazil’s business crime legal marketplace has not been untouched by the global recession: the financial crisis spawned a general uptick in white collar criminal defence work as regulatory scrutiny increased worldwide and financial crimes, such as money laundering, reporting irregularities and insider trading, came to light. Brazilian firms recognise the need for stronger and more expert defence advice to cater for their international clients’ needs in today’s economic climate.
Lawyers we spoke with noted a particularly active debt market and predicted continued investment opportunities in Brazil’s equity markets. Thirty-one highly praised practitioners feature over the following pages, recommended for their domestic and international skill.
We identify 15 members of Brazil’s vibrant disputes bar as national leaders in commercial litigation, recognised for their representation of corporations, financial institutions and government entities on a range of matters.
There has been a big push in Brazil over the past few years to create a “culture of competition”, increasing awareness of the harm caused by cartels, and improving enforcement. However, antitrust policy remains underdeveloped and a bill that would require pre-approval from the Council for Economic Defence (CADE) for mergers has not progressed far since its presentation to Congress in 2005. With the majority of the rapidly increasing number of foreign direct investments being conducted through mergers and acquisitions, the need for lawyers with expertise in navigating the competition marketplace is great. In this chapter we recognise 32 lawyers who excel in this regard.
Brazil was one of the few countries that experienced an economic lift during the global financial crisis. The prospect of sporting events, increased foreign investment and infrastructure projects has boosted the demand for corporate governance expertise within M&A deals, reflected in the increase in lawyers listed. Brazil is well represented in the research with 29 inclusions, a 27 per cent growth from last year in the numbers listed.
Brazil’s economy is roaring ahead internally and its success has made it an increasingly attractive option for foreign investment. As such, there is work aplenty for tax lawyers advising domestic and international clients on Brazil’s evolving system of taxation. Here we list 33 excellent tax practitioners.
Thanks to recent discoveries off-shore, and legislation awarding the state-run oil company Petrobras at least 30 per cent in any new discoveries, Brazil looks set to become one of the world’s largest oil producers within the next five years. Unsurprisingly, business is booming for law firms with energy practice groups and numerous energy boutiques have sprung up in coastal areas. The 23 lawyers listed below are the cream of the crop in this exciting market.
A conflict exists in the Brazilian economy between the need to expand in sectors such as agriculture and infrastructure projects on one hand, and the need to preserve such internationally important environments as the Amazon rainforest on the other. While the country’s law makers weigh these issues in the senate, the 14 lawyers we feature in this section continue to see their skills and knowledge put to the test.
As more international companies seek to invest in Brazil, franchise law experience and local knowledge becomes ever more pertinent. Last year we listed five lawyers, this year we list six, and lawyers expect this upwards trend to continue.
Brazil’s economy may have been less affected than others by the global downturn, but there remains considerable demand for high-quality insolvency and restructuring lawyers in those sectors hit by the recession. In this chapter we identify 14 individuals noted for the exceptional quality of their work.
Insurance and reinsurance is a growth area in Brazil. Currently it accounts for just over 3.5 per cent of the country’s GDP and is expected to reach 8-10 per cent in five years. Lawyers are expanding their knowledge and becoming more sophisticated in their provision of insurance services, which is attracting international interest. This year we see a mix of established firms that have been providing insurance services for over 30 years, and boutique firms who have recently ventured into this area as part of their pensions and capitalisation practices. We feature nine lawyers who are leaders in this field.
Lawyers we spoke with noted the continued growth in internet and e-commerce matters, with online gaming seen as a particular boom area. The following 11 individuals are foremost among Brazil’s internet and e-commerce lawyers according to our research.
Brazil has seen a steady stream of investment into research and development in the life sciences industry over the past few years, which has generated more work for Brazilian lawyers in this field. Despite the need for better legislative clarity and more effective regulations, Brazil’s life sciences marketplace has improved and its generics market is growing. This year we feature 10 lawyers.
At a time when the Brazilian labour market is experiencing record lows in levels of unemployment, lawyers in this sector are needed for their counsel in relation to a wide spectrum of labour and employment matters. We pick out 12 of the leading lawyers in this field.
Foreign investment and private equity have been the main drivers of the Brazilian M&A legal market this year according to lawyers. As the country’s economy rapidly grows, they are seeing more and more large cross-border deals, particularly in the construction and public infrastructure industries, in preparation for upcoming international sporting events. We feature 41 lawyers in this chapter.
With a diminishing supply of quality mining sites globally, an international interest in Brazil for new projects remains high. A total of 11 lawyers have been selected for their expertise in this field.
Brazil’s economic growth has had a significant impact on the activity of the patents industry. The government is making plans to halve the examination period of patent applications by 2015, in order to bring Brazil more into line with other countries. These plans highlight the importance of the patent industry in Brazil, which itself requires highly specialised counsel. Thirteen lawyers have been selected as forerunners in this field.
Promising long-term GDP growth rates, maturing capital markets and a government that is less hostile in its attitude towards private investment has enabled Brazil’s private funds sector to thrive. We list nine of the country’s most talented private funds lawyers.
Regulatory changes and increasing levels of work in this sector are allowing the local bar to develop ever greater levels of expertise in the defence of product related claims. This chapter grows by two further listings to a total of eight compared to six last year.
With government initiatives to boast spending on infrastructure as well as Brazil hosting both the 2014 FIFA World Cup and 2016 Olympic Games, project finance remains an active area. Our research identifies a total of 20 outstanding lawyers in this field.
As large scale infrastructure projects continue to dominate the Brazilian landscape in the run up to the 2014 World Cup and 2016 Olympics, the sophistication of the country’s public procurement bar is expanding. Our research finds 12 leading lawyers in this discipline compared with last year’s 11.
Real estate in Brazil has seen a startling amount of growth over the past year, resulting in a property boom. Despite this, there remains a severe shortage of affordable housing. The president’s programme “Minha Casa, Minha Vida,” or “My House, My Life,” has yet to alleviate the problem and produce the results it set out to achieve. This highly specialised sector requires the most experienced of lawyers and in this chapter we feature five, each from a different firm.
The mobile and broadband markets continue to drive growth in the Brazilian telecommunications sector, while the use of social media is quickly expanding. As host of the World Cup in 2014 and the Olympics in 2016, investment opportunities to develop the telecommunications infrastructure and expand the fixed line network and broadband network look set to increase along with a demand for experienced lawyers. Our research identifies 20 nominees who have shown an outstanding ability in this sector.
Brazil is a major international jurisdiction for maritime traffic, and the local shipping bar is similarly well developed. Our research highlights 11 practitioners recommended for their depth and breadth of expertise in the field.
In testing times for most of the world’s economies, Brazil continues to be the source of high levels of international trade. This sustained level of activity has seen a growing number of practitioners stand out in our research as experts in trade and customs, and we highlight 17 lawyers as market leaders in this chapter.
A wealth of innovation and ambition mean that business is booming in Brazil, with the continued emergence of new companies and the increasing attainment of global recognition by those that are established. This environment is a breeding ground for trademarks practices and Brazilian firms have certainly risen to the challenge. Our research identifies 30 exceptional lawyers.
Barbosa Müssnich & Aragão was founded in 1995 but quickly established a significant and prominent reputation in the Brazilian legal market, primarily for its M&A and corporate governance expertise. This is strongly reflected in our findings this year as the firm enjoys its largest number of inclusions in those chapters. It has 15 listings in seven chapters.
Demarest e Almeida Advogados is one of the largest firms in Latin America. Founded in 1948 the firm has undergone some recent, significant restructuring resulting in a stronger corporate practice, under the executive leadership of M&A lawyers Paulo Frank Coelho da Rocha and Mário Nogueira. Unsurprisingly the firm has notable contributions in M&A, trade & customs and banking, with a total of 14 lawyers featuring in this year’s edition.
Founded in 1972, Machado Meyer Sendacz e Opice Advogados is one of the strongest firms in Brazil. With around 300 lawyers and offices across the country, as well as an office in New York, it is a major player in the market. We include 26 lawyers over 13 practice areas, the largest number of entrants being in the capital markets, energy, M&A and project finance chapters.
Starting as a boutique law office in 1992 Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados has grown to cover 23 practice areas and employ 250 law professionals. The firm has a corporate focus but also provides civil expertise. We list 18 lawyers across nine of those practice areas.
One of the largest law firms in Latin America with 336 lawyers at its disposal, Pinheiro Neto Advogados is one of the most well-established firms in Brazil. Founded in 1942, the firm has a network of offices in São Paulo, Rio de Janeiro and Brasília. Its impressive client list includes leading investment banks JP Morgan, Santander and BTG, and corporates Odebracht, Chevron, Kraft and Carrefour. The firm’s commitment to delivering excellent service is evident in the 48 partners who feature in the following pages.
With offices based in Rio de Janeiro, São Paulo, Belo Horizonte and now Brasília, Souza Cescon Barrieu & Flesch Advogados has developed into a national set with a strong finance and governance service. It is well represented in the capital markets, project finance and corporate governance arenas.
TozziniFreire was established in 1976 by founding partners Syllas Tozzini and José Luis Freire and offers a full range of legal services. Its main office is in São Paulo and this is complemented by its regional offices in Rio de Janeiro, Brasilia, Porto Alegre, and Campinas as well as a representative office in New York. With 69 partners, the firm continues to grow in size and operates a dynamic practice. The firm features 21 times across 13 practice areas, gaining multiple representation in arbitration, capital markets, competition, corporate governance, corporate tax, M&A and project finance.
The relationship between Trench Rossi e Watanabe Advogados and Baker & McKenzie International is a reflection of Baker & McKenzie’s longstanding commitment to the Brazilian market. With offices in São Paulo, Rio de Janeiro, Brasília and Porto Alegre, the firm combines local expertise with its international network – a unique offering to clients. With 16 lawyers selected for inclusion across nine sectors, the firm demonstrates its resounding strength in the field of M&A with five lawyer inclusions, making it joint best represented in our research into that sector. Additional multiple representations are earned in the competition, internet and e-commerce and private funds chapters.
Veirano Advogados was established in 1972 by Ronaldo Veirano and since that time has grown to become one of the largest law firms in Latin America with over 200 lawyers spread across the cities of Rio de Janeiro, São Paulo, Porto Alegre and Brasilia. The firm prides itself on its ability to adapt to the needs of the market and clients as illustrated by its decision to set up a consultative council of Brazilian and international business representatives to help the firm’s strategic planning. The firm features 32 lawyers across 16 legal sectors, performing particularly well in the fields of energy, management labour and employment, mining, trade and customs and trademarks.
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.
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