Since it was established in 1956, one of the fundamental principles guiding the organization of MottaMotta, Fernandes Rocha - Advogados has been rigorous training coupled with careful selection of new members of staff, thus ensuring that the standards of excellence for which the firm is known are consistently maintained.
The decision to gradually increase staff levels, thus avoiding uncontrolled expansion, enable the firm to consistently broaden its activities throughout its 57 year existence.
With offices in the two major cities of Brazil - Rio de Janeiro and São Paulo, the firm has 80 attorneys, highly qualified in different fields of law. The teams are organized to address the needs of the clients according to the nature of each case, with a view to putting the talents of each member of staff to the best possible use.
MAIN AREAS OF PRACTICE:
Administrative Law; Constitutional Law:
The firm has experience in judicial and administrative procedures regarding constitutional rights, with views to control the constitutionality of regulations created in contradiction to the principles and rules established in the Brazilian federal and state constitutions.
Financing and leasing, aircraft registration and de-registration, tax driven structures, repossession and foreclosure and air transport regulations.
The firm is qualified to deal with competition law and regulation - Administrative Economic Defense Council (CADE), as well as consumer defense.
The firm is experienced in representing companies involved in domestic and international arbitrations, as well as assistance in proceedings involving international litigation, having experience both in the coordination of litigation abroad on behalf of Brazilian clients, and in providing advice to its foreign clients in Brazil.
Banking Law; Finance, Structured Financial Transactions and Investment Funds:
The firm pioneered the design and implementation of operations involving securitisation in Brazil, acting for both originators and takers of the receivables. The firm also provides assistance in all legal matters relating to the structuring of project finance operations and structured financial transactions.
Capital Markets; Corporate Law; Merger and Acquisitions:
The firm has wide experience in providing legal services in relation to the formation of various types of companies and associations, public and closely held companies, spin-offs and consolidations, shareholder agreements, debt conversion into investment, as well as the issue of securities in Brazil and abroad.
Energy, Oil & Gas:
The firm is active in providing legal assistance to local and foreign clients involved in the energy sector, advising in obtaining tax incentives for importation of equipment, financing of vessels, as well as in negotiations and execution of agreements regarding bioethanol exportation and negotiations concerning the acquisitions of new sugar ethanol plants.
Family Law and Inheritance:
The firm has experience in providing legal services in matters of family law and inheritance, including separation and divorce procedures, guarding and keeping of children, tutelage and interdiction, as well as in the non judicial assistance in the preparation of pre nuptial agreements.
Infrastructure and Project Finance:
Assistance in the preparation and negotiation of the necessary documents to fund a project, including EPC agreements, loan agreements, assignment of funds agreements, support agreements to shareholders, performance bonds, amongst others.
In this field, the firm deals with loss adjustment, insurance and reinsurance advice, negotiation, litigation and coverage disputes.
Experience gained whilst providing services related in all kind of intellectual property, such as e-commerce agreements, e-payments, privacy and data protection.
The firm has experience in providing legal advice in labour consultancy, labour administrative litigation, labour judicial litigation as well as due diligence.
The firm is very active not only in the setting up of funds and assistance in the negotiation, but also in the assistance with the regulatory aspects for the obtaining of funds with domestic and foreign investors.
The firm is qualified to advise on all legal matters relating to the development and implementation of real estate ventures, including those involving shopping centers, hotels, residential and commercial buildings.
The firm has extensive experience in providing legal assistance in relation to the privatisation and concession of public services, having acted both on behalf of federal, state and municipal entities, as well as representing private investors.
Restructuring and Insolvency:
The firm has experience in advising companies which find themselves in a state of pre-insolvency or insolvency, with a view to achieving its recovery through implementation of legal structures.
In this field, the firm is qualified to advice clients in administrative and judicial procedures with regards to any discussion related to the concession or payment of social security benefits by the Government entities.
Tax Law and Tax Planning:
The firm is prepared to render services involving all tax matters. The tax team works hand in hand with the corporate team, so as to structure transactions in the most efficient manner tax-wise.
Technology and Digital Law:
The firm is qualified with consulting on legal aspects of the Internet in Brazil including: e-commerce, data privacy and protection and other specific legislation – Consulting and advisory services to companies interested in investing in the Internet industry in Brazil – Advice on legal and regulatory aspects of new technologies, including sectors such as nanotechnology, semiconductors, network technology and bioinformatics.
The firm is active in assistance to national and international clients regarding public hearings and bids promoted by the Brazilian Telecommunications Agency - ANATEL. The firm also deals with the execution of long-term commercial agreements regarding the supply of telecommunications equipment and the establishment of telecommunications networks.