Areas of Expertise
Energy, infrastructure, regulatory framework
One of the founding partners is an expert in the Brazilian electric energy sector, where he has been active for over 15 years. As a result, he has been involved in the main discussions and legislative and regulatory changes to date, and is fully familiar with the rules for the free and regulated market, energy auctions, purchase and sale of energy, guaranties, price rate adjustments and reviews, administrative proceedings and lawsuits involving the Brazilian agencies, both on a Federal level (ANEEL, CCEE) and state level, and within the regulatory framework.
Vivan Advogados also has a broad experience in matters related to infrastructure, in the administrative and judicial realm, and in negotiations with the Executive Power, its regulatory bodies and agencies. This expertise involves specific knowledge of negotiation techniques, administrative law and regulatory rules, including tenders and issues related to ports (dry and river/sea ports), airports, highways, water, sanitation, telephony, gas and energy.
Strategic litigation
Our team has a vast experience in litigation of the most varied levels of complexity, both in the judicial realm and the administrative and arbitration areas, involving issues such as third party liability, contractual disputes, corporate disputes, trademarks and patents, consumer rights, image rights, franchises, software piracy, public civil actions, recovery of credits, judicial and extrajudicial recovery, among others.
Our team also has a successful track-record in the coordination of strategies of procedural actions in conjunction with foreign offices, as well as in the negotiation of preventive agreements to avoid litigation.
Cyber law and technology
We provide services to many national and international companies in the technology industry. Our team has proven expertise in matters such as: protection of confidential information and intellectual and industrial property (trademarks and patents), software development, licensing, distribution and sales representation, blockchain solutions, outsourcing, support and maintenance contracts, website policies and terms of use, security, privacy and data protection compliance, technology transfer, joint ventures, investments in startups and fintechs, crowdfunding platforms, vesting, regulation of remotely-piloted aircrafts/unmanned aerial vehicles (drones), among others.
We also have a relevant practice with issues involving Brazil's general data protection law ("LGPD"), Brazil's Internet bill of rights (“Marco Civil”), online privacy and cybercrimes.
Foreign investments
Our founding partners have been representing foreign investors for decades, among them equity partner funds, and our team has an in-depth experience in the incorporation of companies with foreign interest, as well as in the structuring of partnerships and joint ventures between Brazilian and foreign firms, with the development and negotiation of investment agreements, shareholder agreements, and the like. We also provide assistance in the registration of foreign investments with the Central Bank of Brazil.
Financing and refinancing in Brazil and abroad
Vivan Advogados is also well prepared to assist clients in obtaining funding in Brazil and abroad, including through the issue of bonds, debentures, promissory notes, etc., in the negotiation of financial and operational covenants, with a successful track record of funding by the Inter-American Development Bank (IDB), International Finance Corporation – IFC, Banco Nacional de Desenvolvimento Econômico e Social – BNDES, Fundo de Investimento do Fundo de Garantia do Tempo de Serviço – FI-FGTS of the Caixa Econômica Federal – CEF and Agência Especial de Financiamento Industrial - FINAME.
Civil construction and real estate operations
Vivan Advogados has broad experience in providing legal services to civil engineering and architecture companies and builders/developers. Our team is thoroughly familiar with matters such as: fixed fee contracts (including for malls/shopping centers), disputes related to materials and service suppliers, architectural services agreements, build to suit agreements, among others.
We also have a long track record of successful legal support to many different kinds of real estate operations, mainly in areas such as real estate audits, purchase and sale agreements of urban and rural property, lease agreements, commodatum/loan for use agreements, and real guaranties.
Corporate matters
Our team provides legal support which clients appreciate as being sound and effective, dealing with a great variety of corporate issues, such as forming companies, amending articles of incorporation and by-laws, preparing quotaholder and shareholder agreements, vesting and stock option agreements, mergers, acquisitions and corporate reorganizations in general.
In conducting these matters, Vivan Advogados can always count on the expertise of its founding partners who bring to the table special qualifications in terms of legal knowledge and a strategic corporate vision, in addition to negotiation skills and objectivity in the identification of a client’s needs.