Distressed M&A transactions entail the concrete risk of interference from seller’s creditors, but creditors’ perspective is seldom addressed. Given the challenges that they may face, creditors should be careful in seeking the appropriate protection... Read more
Dispute resolution team's share experiences and knowledge about Civil Liability Law in Brazil Read more
As claims are filed against the law that allows the government to give up control over Eletrobras, the Supreme Court will have the final word on such privatization. What is the risk that the court may spoil government’s plan for the company? Read more
Brazilian Securities and Exchange Commission opened a public consultation concerning a tentative regulation on disclosure of corporate disputes with publicly held companies. Contributions were made and are under review. We show that while transparency... Read more
As the Brazilian Arbitration Act completes its 25th anniversary and commercial arbitration becomes more popular, arbitration itself faces some pains of growth in the country – and at the same time new opportunities emerge. Read more
The upcoming 5G mobile network auction is expected to be entangled in disputes before administrative and judicial courts if the rules bar a given 5G technology from qualifying. Two potential battlegrounds are the Federal Audit Court (TCU) and... Read more
The Business Insolvency Act has been in force for fifteen years, and a bill to reform it could be passed soon. Proposed changes have the potential to modernize the insolvency framework, but there is room for even further improvement Read more
Partners Angela Di Franco and Rafael Zabaglia have been interviewed by Lexology to discuss dispute resolution in Brazil. Popular methods, recent trends and upcoming reforms are some of the topics that you can find here Read more
Thomson Reuters Practical Law Read more
Amendments made to the Civil Code have laid out objective criteria on interpretation of private contracts. The changes should reduce the courts’ leeway to apply open-ended legal principles in a way that negates the actual language of the contract. Read more
Despite the absence of a concept of abuse of voting rights in the Business Insolvency Act, courts are using the notion of abusiveness to set aside votes from creditors against a bad restructuring plan. That sends the wrong signal to the market... Read more
The holders of bonds issued abroad are typically a particularly important group when the borrower files for in-court reorganization. Bondholders gain very little by staying dormant and can get good results when acting as individual claimholders. Read more
Courts in Brazil have been circumventing express legal provisions from the Business Insolvency Act by resorting to legal principles and interpretation. The bias towards the debtor is questionable from a legal and a market perspective and creditors... Read more
Odebrecht’s recent filing is one of the largest-ever court-supervised reorganizations in Brazil. Even creditors to the affiliates that did not make this filing should monitor the Odebrecht case since the impact on them is still unclear. Read more
Four authorities may investigate and punish companies for corruption only at the federal level – without having to coordinate their actions. This dysfunctional system has proven troubling when companies seek to settle past wrongdoing. If these... Read more
The first initiatives of the new administration in Congress are an overhaul of the pension system and anticrime legislation. Laws to reduce Custo Brasil – red tape and structural problems that make Brazil costlier – are not yet a priority. ... Read more
Foreign parties need to be cautious when assessing opportunities to bring, defend or settle claims before Brazilian courts. Litigation can be slow, unreliable and expensive – and can also hide some unexpected costs for foreign parties. Most... Read more
Levy & Salomão associates author the local chapter of the 2019 Getting the Deal Through publication, with insight into the main aspects of court disputes in Brazil involving high-end businesses Read more
Getting the Deal Through | July 2018 Read more
The possibility of parties regulating certain matters related to existing or potential court proceedings is not new under Brazilian legislation, but has been recently boosted following the enactment of the current Brazilian Civil Procedure Code... Read more
Levy & Salomão associates author the local chapter of the 2018 Getting the Deal Through publication, with insight into the main aspects of court disputes in Brazil involving high-end businesses Read more
Latin Lawyer Magazine | September 2017 Read more
Local construction conglomerates were absent from a recent auction for airport concessions. “Operation Car Wash” is not in itself a reasonable explanation for that, because some conglomerates had already settled with the Federal Public Prosecutor... Read more
Partner Angela Di Franco and senior associate Rafael Zabaglia authored the Brazil’s chapter of the 2017 Insolvency and Corporate Reorganisation Report, published by the International Financial Law Review (IFLR). Click here to read it online. Read more
Valor Econômico | Legislação & Tributos Read more
In late 2016, the majority of the 3rd Panel of the Brazilian Superior Court of Justice decided that a claim for attorney’s fees awarded against debtor after it has petitioned for judicial reorganization, stemming from a pre-petition lawsuit,... Read more
Coluna do Levy & Salomão | Jota | January Read more
Capital Aberto | Seletas Read more
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Investors have a statutory right to withdraw from a Brazilian corporation upon approval of the inclusion of an arbitration agreement in its by-laws, but carve-outs involving publicly-traded corporations apply and certain technical issues of... Read more
Jota (jota.info) Read more