Positioning (by Warde Advogados - São Paulo)
Warde Advogados focuses solely on corporate disputes, anti-corruption and regulatory matters. It prides itself on its tenacity, independence, and ability to operate in multiple jurisdictions throughout the world, and it has a team of lawyers distinguished by its continuous academic and professional training. These qualities and capabilities enable it to provide a high-quality, personal service compatible with the strictest professional standards. It is the only Brazilian law firm that has its own Lawtech, the JuriLab, which conceived the map of corporate conflict in Brazil.
Litigation & Arbitration
Four of the firm’s partners are active in commercial dispute resolution (litigation and arbitration), and the team is regularly involved in proceedings whose outcomes have significant ramifications, either for Brazil’s economy and its institutions, or in terms of the legal issues at stake.
The firm acts in wide-ranging corporate disputes, including proceedings to render corporate acts null, void or ineffective; proceedings to enforce compliance by directors and officers with corporate duties (e.g. exclusion, forced removal and liquidation of assets); indemnification proceedings involving companies and shareholders; and proceedings seeking intervention in corporate management. It is also very active in administrative proceedings before the Brazilian Securities and Exchange Commission (CVM), the boards of trade and the Department of National Commerce Registration.
The firm is well versed in developing independent strategies to support clients’ claims and defences in corporate and securities law disputes, drawing on its deep understanding of the sectors in which its clients operate and its experience in evaluating the macroeconomics and market regulations both in Brazil and overseas.
Anti-Corruption, Regulatory & Compliance
The firm set up a dedicated compliance department in November 2017 in response to the fast-evolving regulatory landscape in the country, and the demand for specialist expertise in that context.
It provides advice and representation in relation to the negotiation and execution of leniency agreements with the General Union Controllership, the Administrative Council for Economic Defense (CADE), the Brazilian Securities and Exchange Commission (CVM), and the Central Bank; internal investigations into violations of anti-corruption, antitrust and bidding legislation and guidance on the outcome of investigations; the creation and deployment/improvement of compliance programs in accordance with Brazil’s anti-corruption laws, seeking to prevent violations and mitigate penalties in cases of violation; and due diligence.
The team includes Valdir Moyses Simão, who is the former chief minister of Brazil’s General Comtroller’s Office, and Leandro Daiello Coimbra, who is the former director general of Brazil’s Federal Police and in that role was involved in major operations including Operation Car Wash.
The firm is regularly instructed in multi-jurisdictional as well as Brazilian matters.