Practice Areas

Our practice involves strategic litigation within the industry (involving consumers, suppliers and dealerships), product liability issues and matters involving relationship with the dealership network. Our advisory practice has comprehensive experience in the drafting, negotiation and review of agreements with, inter alia, suppliers, dealers and commercial representatives.

Our Banking & Finance team has great expertise advising clients on all regulatory matters applicable to the financial services industry, as well as on the legal structuring and negotiation of complex finance transactions.

Our team also has extensive transactional experience, having advised major banks and multi-lateral entities in complex, syndicated financing transactions, such as project finance, corporate finance, trade finance, debt restructuring, inter alia.

Our firm advises clients on the structuring of capital markets debt and equity transactions. We also advise public companies on their corporate matters, as well as private companies that intend to go public.

Together with our Real Estate team, we advise clients in structured finance transactions backed by real estate receivables, such as the issuance of CCIs (Real Estate Credit Certificates) and CRIs (Real Estate Receivables Certificates).

Our Civil Litigation practice provides legal advice on matters involving civil liability arising from contractual or non-contractual obligations and corporate litigation, in legal proceedings within the Federal Courts, State Courts and Superior Courts.

Our team is specialized in civil liability cases involving products and services within several industries, with emphasis on auto, food and pharma.

With respect to corporate litigation, our team advises clients in strategic cases involving dissolution, liquidation of companies and determination of assets.

We also provide legal assistance to our clients involved in national and international arbitration proceedings under the rules of the main Brazilian and international arbitration courts. Our team also drafts and review arbitration clauses.

Our Corporate Restructuring and Bankruptcy practice represents multiple interests involved in business reorganization and credit recovery processes, in the context of private negotiations, judicial reorganizations, out-of-court reorganizations and bankruptcy liquidations, advising national and foreign clients, especially creditors, lenders and investors (in particular financial institutions, bondholders, trustees, debenture holders, investment funds and ad hoc committees of creditors), in addition to lessors and lessees, debtors, shareholders and directors.

Our Corporate and Bankruptcy Restructuring team has extensive experience in complex restructurings and insolvency proceedings, including cross-border ones, which present multidisciplinary challenges and opportunities. These cases demand a full-service office, such as CSMV Advogados, which has the capacity and expertise to serve the client on all these fronts, in a coordinated, cohesive, agile and versatile manner, without prejudice to the personalized and customized quality service for each client.

The services provided by the Corporate Restructuring and Bankruptcy area include advising on financial restructuring, renegotiation and credit recovery, judicial reorganization, out-of-court reorganization, bankruptcy liquidation, cross-border insolvency, civil liquidation, extrajudicial intervention, extrajudicial liquidation, ordinary liquidation (wind-up), corporate restructuring, DIP and Exit financings, legal audit, acquisition or encumbrance of distressed assets, distressed M&A, intercreditor agreements, plan support agreements, among others.

Our Banking & Finance team has great expertise advising clients on all regulatory matters applicable to the financial services industry, as well as on the legal structuring and negotiation of complex finance transactions.

Our team also has extensive transactional experience, having advised major banks and multi-lateral entities in complex, syndicated financing transactions, such as project finance, corporate finance, trade finance, debt restructuring, inter alia.

Our consumer relations practice advises clients on matters involving civil liability for products and services arising from consumer relations in all kind of disputes, from small claims courts to class action lawsuits and administrative proceedings brought by Federal or State Public Prosecutors, consumer protection agencies, associations and consumer protection entities.

Our Corporate and M&A practice provides comprehensive legal advice in general corporate and commercial matters, as well as in the structuring, negotiation and implementation of transactions involving the sale and purchase of legal entities and/or assets (both sell and buy side), debt and equity investments (on behalf of investors and investees), joint ventures and any other types of corporate restructurings.

We advise our clients in defining the best possible legal structure for the deal, contemplating corporate, tax, contractual and other applicable legal aspects that may be particular to the parties involved or to the transaction itself.

Our work further comprises drafting and negotiation of all transaction documents and oversight of the entire deal process, up to the fulfillment of any post-closing conditions. We conduct legal due diligences and assist our clients with any applicable regulatory matters.

Under our corporate law practice, we provide legal assistance in the incorporation of legal entities, partnerships and non-profit organizations for local and foreign clients, including in the definition of the most appropriate structure in each case and in obtaining the applicable licences and registries.

Our team also has extensive experience in various corporate matters, including drafting of corporate documents, negotiation and drafting of shareholders’ agreements, option agreements, implementation of corporate governance rules, inter alia.

Our firm advises various artists, companies and other stakeholders in the media and entertainment industry, as well as audiovisual producers in all aspects of their activities.

We also advise rendered advice to clients in the negotiation of advertising contracts, agency contracts, concerts and events and broadcasting rights.

In the advertising are, we represent clients in administrative proceedings before the National Council of Self-Regulation Advertising (CONAR).

Our work further comprises assisting our clients in conducting trade promotions and cultural competitions, drafting and reviewing relevant documents and assisting them in obtaining approval from the Caixa Econômica Federal and the Secretaria de Avaliação, Planejamento, Energia e Loteria (SECAP).

The firm’s environmental area has a standout practice for both administrative and judicial litigation.

We defend our clients in administrative proceedings originated from infraction notices issued by environmental authorities, working alongside the client’s technical team, when necessary, to present the most effective and comprehensive response both from a legal and a technical environmental perspective.

Moreover, we provide support to clients under investigation by the Public Prosecutors’ Office due to environmental issues, assisting in finding the best outcome for each case, whether by negotiating a term of adjustment of conduct or by defending their interests before such authorities.

On the judicial side, we work together with our firm’s litigation team in case of public civil actions filed by the Public Prosecutors’ Office or other entities, so as to provide our clients with a defense combining the complex and particular aspects of environmental law with the expertise of our litigators in procedural matters before the relevant courts.

On the advisory side, we act in legal due diligences of target companies which activities may cause environmental impact, as well as of rural or urban real estate properties which may be contaminated or adversely affected by environmental protection regimes, assessing the legal risks and suggesting the most suitable solutions.

We further provide clients with strategic advice in respect of environmental issues identified in their daily operations, always contemplating the vast environmental legislation at federal, state and municipal levels, in order to prevent the issuing of infraction notices by environmental authorities, the Public Prosecutors’ Office or other environmental entities.

Additionally, we advise in matters relating to international conventions in environmental issues such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

Our firm is the “go-to” law firm for eSports in Brazil. We provide legal advice to the largest eSports clubs, assisting them daily on issues such as hiring athletes, transfers, drafting sponsorship contracts, licensing, commissioning, event management, TV rights, as well as in communicating with the main market publishers. We also advise the main regulators of eSports in Brazil such as leagues and federations, and, together with our Corporate and M&A team, we advise clients on acquisitions of eSports teams/companies.

We specialize in structuring and validating innovative financial products and services, providing legal support to financial institutions and FinTechs.

Our distinguished regulatory knowledge allows our team to assist clients operating in several segments of the credit, payments and foreign exchange industries, including for purposes of obtaining regulatory approvals/accreditations for our clients before the Central Bank of Brazil.

We also advise clients exploring alternative business models based on open banking, blockchain and cryptocurrencies.

Our team has extensive experience in transactions involving intellectual property, including structuring and negotiating technology transfer agreements, franchise agreements, assignment of rights and licensing of trademarks, software and copyright.

We also advise our clients on the protection of intellectual property assets (trademarks, patents, copyrights, software) and against unfair competition, counterfeiting and piracy, as well as on issues related to e-commerce and new technologies, including drafting terms of use and privacy policies. With respect to data protection, we advise clients in the adaptation of its practices to the recently enacted Brazilian General Data Protection Law (LGPD), and draft, review and adapt internal policies and contracts involving disclosure of personal data to the requirements of the LGPD.

Working together with our Civil Litigation practice, we represent our clients in lawsuits related to intellectual property matters.

Our Labor practice provides legal advice firm advises clients in the consulting, with emphasis on labor routines, risk assessment, drafting and negotiation of employment contracts, collective bargaining agreements and negotiations with unions, as well as analysis of matters related to compensation, benefits, employees’ transfers, expatriation, termination and others existing matters in labor relationships.

Working together with our Corporate and M&A practice, our team is very experienced in conducting legal due diligence processes in the context of complex M&A transactions for local and international clients.

We also advise our clients in litigation cases, both in the administrative sphere (infraction notices filed by the Special Social Security and Labor Office or any investigation proceeding conducted by the Public Prosecution Office for Labor Matters, and in the judicial sphere, in individual or collective claims, as well as public civil actions related to labor matters.

Our mining practice provides legal support to mining companies, financiers, investors and other players in a wide range of corporate, commercial and financing transactions such as M&As, joint ventures and joint operating agreements; greenfield and brownfield project finances; corporate finances; incorporation and reorganization of mining companies; industry specific agreements such as royalty, streaming, options, exploration and offtake contracts, and involving the supply of machinery, equipment and specialized services; as well as debt renegotiation and restructuring.

Our team also has an in-depth knowledge of legal issues affecting mining activities, such as restrictions to operate within the border zone area, indigenous lands, archaeological sites or environmental conservation units and respective buffer zones; sector specific litigation, real estate, labor and tax issues, including, respectively, judicial proceedings to indemnify landowners, limitations to the ownership of rural land by foreign capital, outsourcing of core business activities and the statutory royalty (CFEM).

Accordingly, and to the extent necessary, our projects are conducted in close collaboration with other practice areas within the firm, all of which have extensive experience with such issues.

Our firm has a dedicated team specialized in cases related to Occupational Health & Safety issues.

Working together with our Corporate and M&A area, our team is very experienced in conducting legal due diligence processes in the context of complex M&A transactions for local and international clients.

We also advise our clients in OH&S litigation cases, both in the administrative sphere (infraction notices filed by the Special Social Security and Labor Office or civil investigations conducted by the Public Prosecution Office for Labor Matters, and in the judicial sphere, in collective or individual claims related to occupational diseases and work injuries.

We advise investment funds and local and international companies in all stages related to the structuring and negotiation of investment and divestment in private equity transactions.

Our practice involves the formation and registration of the investment funds in Brazil, as well as the due diligences processes of target-companies and the drafting and negotiation of investment agreements, convertible instruments and shareholders’ agreements.

In Venture Capital, our firm has great expertise in providing legal advice to funds, angel investors, accelerators and startups of various industries, including technology and innovation, financial services (FinTechs, Payments), marketplaces, e-commerce, etc.

We support our clients in all the phases of structuring a new business, including the formalization of operational contracts, due diligence and preparation of a company to receive investmens, stock option programs and the negotiation and formalization of their investment/financing agreements.

We advise our clients in a wide range of real estate transactions, providing support from the early stages, by assessing the legal feasibility of the deal, up to its effective closing.

In the initial stage, we seek to fully understand the outcome intended by the client in order to suggest the best legal structures for implementation of the project. We then coordinate and carry out legal due diligences, issue legal opinions and draft the preliminary documents (MOUs, LOIs, commitments, inter alia). As the deal progresses, we provide support in the conclusion of the documentation of completion and delivery of the developed property (public deeds, registrations and annotations with the registries of deeds and documents, liaising directly with the purchasers of units, etc.).

We have actively been involved in transactions involving real estate developments, loteamentos, leases in shopping malls, built-to-suit leases, rural leases, purchase and sale, payment in kind, permuta, inter alia. – including the creation of liens (fiduciary sale, mortgage, etc.).

As regards litigation, we have substantial proficiency in lawsuits related to condominium issues (debt collection, use and occupation of common areas, etc.), leases (eviction, renewal, review of lease amounts, etc.), expropriation, usucaption, possession and petition (reinstatement and securing of possession, protection of property), inter alia.

Widely recognized as a leading firm in this area, we have a team with exclusively dedicated to Sports Law.

We advise athletes, clubs of different sports (including eSports) leagues, federations and confederations, companies, agents/intermediaries, suppliers of sporting goods, sponsors, as well as other stakeholders in the sports industry.

Specifically with respect to football, we advise several clubs, from Brazil and abroad, with an outstanding performance among the largest clubs in the country. We are involved daily in several matters relating to national and international transfers and assignment of federative and economic rights of players, among other issues.

The performance of the firm within football is still notable for its participation in the negotiation and development of the largest sponsorship contracts and TV Rights of sports events, as well as image rights, branding and products licensing.

Also noteworthy is our performance representing clubs, confederations, professional athletes and their agents in litigation before Brazilian and international sports arbitration courts, on disputes before FIFA and CAS (Court of Arbitration for Sport) and in national and international disciplinary matters.

Our team has extensive experience in structured finance, having advised major banks, bondholders, borrowers and multilateral entities in complex syndicated financial operations, such as project finances, corporate finances, trade finances, export financings with ECA (export credit agencies) coverage, debt renegotiation and restructuring, among others.

Our work comprises all legal aspects relating to such transactions. We are involved in the analysis, discussion and development of the legal structure of the transaction and in negotiations with all stakeholders; carry out full due diligence of the assets involved; draft the documentation necessary for implementation of the transaction to be governed under Brazilian law, negotiate and revise from a Brazilian law perspective the documents governed by foreign law drafted by foreign counsel. We also analyze the allocation of legal risks of the projects and interact with the relevant regulatory authorities.

We advise our clients in all aspects related to Tax Law, including direct and indirect taxes, customs duties and social security charges, whether levied at federal, state or municipal level. Our practice comprises advisory and litigation covering a vast range of tax issues.

Our advisory services comprise comprehensive legal due diligences in the context of corporate transactions; local and international tax planning (in cooperation with foreign law firms), and supporting clients on their everyday enquiries as well as on more complex questionings requiring the issuing of legal opinions, inter alia.

In the context of import and export of goods and services, we have extensive expertise in matters concerning preferred customs regimes applicable to international treaties, customs evaluation, special customs regimes, rules of origin, tax classification, trade facilitation and transfer pricing.

We further advise clients in the compliance with ancillary obligations, submission of formal consultations to the tax authorities, obtaining of tax clearance certificates and obtaining of special tax regimes.

In our tax litigation practice, we act for clients both in administrative and judicial claims. Such practice focuses particularly on complex infraction notices that require concentrated efforts in the collection and production of evidence as well as cost-efficiency strategies of the processes, further comprising the effective handling and management of tax proceeding portfolio.

Our firm also acts on lawsuits focused on tax thesis and tax credits recovery.

Due to its multidisciplinary approach and synergy among its various areas, our firm is prepared to offer a complete service to clients who wish to structure their investments from the corporate, tax and family and succession perspective, as a way of seeking greater efficiency and avoiding disputes or future fragmentation of family wealth. In addition, our expertise in different industry sectors (such as agribusiness, automotive, banking and financial, sports, entertainment, real estate and mining), coupled with our private equity practice, allows us to provide advice that is not limited to technical aspects but also takes into account the particularities of each market.

Our portfolio includes institutional clients from other areas of the firm, executives, family offices, athletes and artists, dealing with consensual or litigation issues related to corporate structuring and reorganization, including the formation of holdings, funds and other investment vehicles (including offshore, through partnership with offices in each jurisdiction), governance, matrimonial system or common law marriage, succession systems, and related issues such as prenuptial agreements, donations, wills, out-of-court and court supervised inventories, custody and emancipation, among others.