WZ counts on the work of a strong team in the area of Antitrust, who is able to act in the administrative and judicial scopes, in multiple jurisdictions. Our professionals have wide experience with:
- Representation/defense of clients in administrative and judicial proceedings to assess alleged violations to the economic order;
- Joint work with foreign firms and attorneys to monitor and defend companies and executives in several jurisdictions where these cases have consequences;
- Competition Due Diligence – assessment and evaluation of internal company procedures, methods of operation and risks of questioning arising out of activities that may be considered competition violations;
- Complete support to criminal lawyers involved in the criminal consequences of violations to the economic order;
- Legal support in merger filings (mergers, acquisitions, joint ventures, among others);
- Preventive advice in competition law, elaboration and development of competition compliance policies and answers to more punctual queries.
Our team at WZ works in arbitration proceedings involving complex matters of many different areas, which include civil construction, services, energy, corporate, logistics, agribusiness, among others, in several national and international arbitration centers.
- Joint work with the client’s staff to raise information, documents and depositions that will consolidate the pleading;
- Support from other areas of the firm, depending on the matter of the dispute
- Advising the client about the need/effectiveness of hiring experts and technical assistants aiming the better understanding of the matter by the arbitrators;- Conduction of the proceeding since the pre-arbitration stage until the final issuance of award by the arbitration tribunal;
We also work in the homologation and enforcement of foreign arbitration awards before the Brazilian courts.
Valuable practice – Arbitration Law Firms – Leaders League 2019 Award
The experienced professionals at WZ have the necessary skills to support various and complex matters involving the clients, working in advisory matters and litigation, in the following types of cases:
- Joint support with the area of Contracts for the elaboration and review of contracts and structuring guarantees, with the aim of safeguarding clients in possible future disputes;
- Joint support with the area of Mergers and Acquisitions to carry out the risk assessment in lawsuits and arbitration proceedings impacting the negotiation, aiming at concrete and effective solutions to enable the transactions;
- Issuance of legal opinion involving the implementation and interpretation of Brazilian law, especially material civil law, consumer law, corporate law and civil procedure;
- Definition of strategy and conduction of lawsuits involving many areas of the law, such as consumer, contracts, civil construction, torts, judicial reorganization and bankruptcy, real estate, administrative, energy, corporate, capital markets and antitrust, always advising the clients toward a quick, effective and uncontroversial solution.
Compliance and Corporate Ethics
The technical staff at WZ counts on professionals with wide knowledge related to the area of compliance and their most recent global rules of implementation. The attorneys are prepared to support the clients with the best way to mitigate risks and conduct business in an ethical manner, without compromising profitability and offering alternatives to each type of business, such as:
- Monitoring and support in compliance with obligations arising of the Brazilian and foreign anticorruption laws, fighting fraud and corruption;
- Support in the implementation of compliance policies, aiming at the adequacy of current commercial practices;
- Internal fraud and corruption investigations, as well as risk assessment arising therefrom;
- Elaboration or review of compliance policies, involving manuals and internal ethical and conduct codes;
- Carrying out preventive and corrective training, and adoption of control mechanisms;
- Secondment with the legal department of companies to support specific demands related to certain projects or operations.
The area of Consumer Law at WZ counts on a highly specialized team who carries out preventive, administrative and judicial work, in the following scopes:
- Preventively, in order to avoid individual and mass litigation. We work with the development of training for employees and customer services, as well as internal policies for compliance with the Brazilian Consumer Code;
- We work together with the Contracts team to structure contracts and relations with suppliers and consumers, aiming to avoid the adjudication of conflicts, always observing the rights and duties of the parties involved in the consumer relationship and the legislation in force;
- We support the clients in the development of recalls and managing liability risks, always in attention to any and all relevant social and environmental impacts;
- In the administrative scope, we provide clarification and elaborate defenses before the Consumer Protection Services (PROCON), the Public Prosecutor’s Office, consumer defense stations, associations or other similar entities.
- In terms of litigation, we support the clients in the reduction of risks involved in legal disputes, thinking about a joint strategy that meets their interests, wary of the image of the client before the market and the commitment with the consumers;
- We work in partnership with the client to structure settlement policies, in the event of mass litigation, as a method for reduction of costs and control of risks.
WZ offers their clients a highly qualified team, with domain of international models and expertise in the analysis of all types of contracts, in many languages. The professionals can be highlighted in the following activities:
- Negotiation, elaboration and review of strategic contracts and/or related to the core business of national or foreign entities;
- Review of contracts to adapt them to the Brazilian legal framework;
- Elaboration and review of routine agreements;
- Development of policy for contract management and monitoring the compliance with contractual obligations;
- Legal opinions and analysis of contracts and specific contractual clauses;
- Contract-focused due diligence;
- Secondment with the legal department of companies to support specific demands concerning certain projects or operations.
WZ counts on a team of Corporate Law experts who support their clients in all the issues concerning the lifecycle of a company, ranging from formation, governance and winding-up. We work with companies, investors, shareholders/partners, board members, officers, creditors and other interested parties, in addition to supporting their interactions. Among these activities, we can highlight:
- Support with structuring and restructuring a wide variety of corporate partnerships, indicating and enabling the best legal alternatives;Elaboration and review of contracts and bylaws, shareholders agreements and other corporate documents;
- Legal support in the establishment, regularization and monitoring of national and international partnerships and corporations;
- Organization and update of books and corporate documents;
- Support in structuring and implementation of estate planning;
- Guidance in conducting general meetings, shareholders, board and officer meetings;
- Secondment with the legal department of companies to support specific demands concerning specific projects or transactions.
WZ believes that preventive action brings significant benefits to clients, once it can drastically reduce the involvement in court disputes, allowing financial and time savings, in addition to enabling focus on the business and not in dispute resolution. Therefore, our professionals are dedicated to:
- Identifying risky situations and defining and executing strategies to mitigate impacts and losses, to clients and third parties;
- Providing advice in dispute settlement, in order to guarantee that rights and interests of the clients are preserved;
- Direct work in the negotiation of alternatives in dispute resolution;
- Working in mediation as a fast and healthy dispute resolution system involving either individuals or legal entities. The team at WZ works as a mediator and/or supports the clients in the choice of one or more mediators and/or mediation institutions, attendance in the scheduled meetings for this purpose and elaboration of documents to consolidate the agreement reached.
Estate, Family and Succession Planning
In WZ, a multidisciplinary and specialized team supports clients in diagnosing and implementing estate and succession planning, aiming tax-efficient solutions to better preserve, organize and manage assets.
Our team is also specialized in representing clients in all cases (consensual or contentious) involving family law and succession planning, always working in a sensitive, dedicated and discrete manner. Among the services we offer in these areas, the following are highlighted:
- Reorganization of family companies, constitution of investment vehicles and holdings, in Brazil and/or abroad, with aims involving succession planning, tax planning and/or asset organization;
- Elaboration and implementation of all the necessary instruments to regulate the relationship between partners and/or shareholders and the management of companies, including shareholders or quotaholders’ agreements, issuance of preferential non-voting shares or golden shares, among others;
- Elaboration of wills, pre-nuptial agreements, common-law marriage agreements, notarial instruments, deeds of declaration (lack of legal capacity and/or appointment of guardians/curators), family protocols, deeds of donation and/or establishment of usufruct, in compliance, when necessary, with the implementation of the proposed corporate structure;
- Representation of the interests of our clients in court or out-of-court probate proceedings;
- Representation of the interests of our clients in divorces (in court and out of court), termination of common-law marriages, division of assets, alimony and child support (including revision, exoneration and enforcement), custody and regulation of visitation, adjudications of mental incapacity and requests for amendments in matrimonial regime.
Financial and Capital Markets
The team of specialists in Financial and Capital Markets at WZ has a wide experience in national and international operations, either public, public with restricted efforts and private ones, involving issuance of securities, as well as structuring investment funds. The following activities can be highlighted:
- Structuring of operations of public and private issuance of securities, such as debentures, receivable certificates and credit notes of various types, including public distributing of securities through CVM instructions 400, 476 and other structures in the international market;
- Support in obtaining registration of publicly traded corporation before the Brazilian Securities Exchange Commission (CVM) and B3 listing;
- Support to investors, managers and officers in structuring investment funds and public distribution of their quotas;
- Support in the compliance with the rules issues by the National Monetary Council (CMN), Brazilian Securities Exchange Commission (CVM), Brazilian Association of Financial and Capital Markets Entities (ANBIMA), Brazilian Association of Private Equity and Venture Capital (ABVCAP) and other applicable entities.
Impact Businesses and Investments
WZ is part of the movement of environmental and social impact companies and relies on professionals who actively participate in the sector and who are familiar with the challenges of peculiarities of impact investments and businesses. We have a multidisciplinary team qualified to support entrepreneurs, investors, intermediaries and partners of the ecosystem in a wide range of legal issues related to the business model, corporate structure, tax advice, methods for financing and contractual relations. Among the services we offer in this area, the following are highlighted:
- Assessment of viability of the business model: tax impacts, corporate model, employment relations, contracts, etc.;
- Legal support in structuring social impact businesses and investment funds directed to impact investments;
- Legal support in several financing methods: direct investment, simple debts, convertible debts, equity crowdfunding, crowdlending, issuance of securities, etc.
- Negotiation and elaboration of Social Impact Bonds;
- Governmental entities and class entities relations for defenses in legal matters;
- Monitoring bills and contributions in public hearings;
- Elaboration of environmental and social governance policies (ESG) and analysis of risks related to environmental and social governance;
- Elaboration of internal policies of sustainability commitments and environmental and social responsibility.
- Analysis of statutes, rules and regulations related to sustainability and environmental and social risks;
- Corporate training programs related to issues concerning human rights.
WZ has a highly skilled team to support their clients in the demands concerning Intellectual Property. Having solid experience, some activities are highlighted:
- Support in proceedings for registration and protection of corporate name, trademarks, patents, signs, industrial design, software, copyright, confidential information, among others;
- Monitoring, representation and management of cases before the National Institute of Industrial Property (INPI), involving administrative and judicial scopes;
- Negotiation of contracts related to licensing intellectual property rights, technical services, franchise, software, use of image, as license to content use;
- Development of corporate policies for protecting digital content.
Mergers and Acquisitions
The area of Mergers and Acquisitions at WZ has a team with wide expertise in national and international operations, prepared to support their clients in the following activities:
- Support in mergers, incorporations, sale and acquisition of assets, acquisition of corporations, whether listed or not, acquisitions of shares, joint ventures involving financial and strategic investors, private equity operations, management buyout operations;
- Legal analysis of the risk of the transaction, creation of structures to enable the sale of the asset and/or company with the lowest tax impact;
- Structuring transactions of acquisition and sale of equity and transfer of assets;
- Support in due diligence processes involving all the areas of the Law, concerning the operations carried out by the firm.
WZ has capable professionals with expertise to face the legal challenges of non-profit organizations, as well as families and corporations who intend to invest in the social sector. Among the services we offer in this area, the following are highlighted:
- Constitution of non-profit organizations (associations and foundations);
- Corporate and contractual support for non-profit organizations;
- Advice on and planning of tax impacts for non-profit organizations;
- Obtaining certificates, qualifications and tax benefits for non-profit organizations;
- Elaboration of policies, instruments and regulations to improve governance and transparency of entities;
- Development of social and environmental responsibility policies;
- Structuring strategies of private social investments;
- Use of tax benefits for donations and sponsorships for public interest initiatives;
- Structuring of endowments;
- Monitoring bills and contributions in public hearings.
WZ’s team has a wide expertise working efficiently before Brazilian regulatory agencies supporting clients. Among the activities of our professionals, we can highlight:
- Advice concerning regulatory matters, which comprises support and representation of companies before regulatory and autonomous government agencies, such as ANATEL (telecommunications), ANEEL (electricity), ANVISA (health), ANTAQ (maritime transportation), INMETRO, ANAC (civil aviation), DNPM/ANM (mining), among others;
- Elaboration of opinions involving regulatory matters;
- Defenses in administrative proceedings;
- Representation of companies before the courts, in disputes involving public entities or authorities.
The team of tax experts with WZ supports individuals and legal entities, national and foreign, in the implementation and interpretation of tax laws, in the advisory and litigation areas, focused on business. Among these activities, we can highlight:
- Analysis of clients’ transactions, seeking wide tax efficiency, in addition to quantifying and reducing risks;
- Fiscal analysis in corporate transactions, corporate reorganizations, mergers and acquisitions and transactions in the financial and capital markets;
- Tax studies focused on family business and estate planning for individuals, as well as the elaboration of opinions concerning direct and indirect taxes;
- Support in the administrative area, with the elaboration of defenses and appeals to challenge tax deficiency notices, as well as assistance in the approval of payment plans and the like;
- Actions before entities of the Tax Administration, such as the Tax Tribunal of the State of São Paulo, Municipal Taxpayers Council and Administrative Council of Fiscal Resources of the Ministry of Finance, as well as support in obtaining tax incentives and special taxation regimes;
- Support in litigation involving the Federal, State and Municipal governments in the most diverse areas of the country;
- Review of fiscal proceedings to assess direct and indirect taxes.