Barretto Ferreira, Kujawski, Brancher e Gonçalves – Sociedade de Advogados (BKBG) (Sao Paulo)

Firm Description

Barretto Ferreira, Kujawski, Brancher e Gonçalves – Sociedade de Advogados (BKBG) is a Law Firm that brings together a team of leading professionals in the area of legal business services. The legal experience of the members of BKBG, coupled with their insight to understand the business aspects of the needs of its clients, distinguish BKBG in the legal market. The combination of these qualities enables this firm to be prepared to create adapted strategic planning and accomplish the specific objectives of each of its clients. Resolve the legal challenges of its clients, creatively, swiftly and intelligently, is the commitment of BKBG.

The professionals of BKBG have eclectic backgrounds and experience. The Senior Partner, Ricardo Barretto Ferreira da Silva, has been practicing business law for 34 years, with proven national and international experience. He is also well known to the international specialized media as one of Brazil’s greatest experts in information technology, telecommunications, electronic commerce and Internet law. His legal experience is based on extensive knowledge of corporate and tax law, having participated in some of the largest operations that have taken place in the Country in these fields of professional activity, including several merger and acquisition transactions. The Partner Fabio Ferreira Kujawski has broad experience in the areas of Public and International Law, intellectual property, foreign investment and corporate matters in general. The Partner Paulo Brancher is Professor of Public International Law and has practice and experience in information technology, antitrust and litigation matters. The Partner Eduardo Damião Gonçalves has been involved in several M&A transactions and has also assisted many foreign companies in all legal aspects regarding FDI in Brazil, including environmental matters, besides his experience both as counsel and arbitrator in foreign and domestic arbitration procedures. Thus, together with the other member of BKBG, these professionals form a legal body that is recognized both locally and internationally for its excellence in transactions involving acquisitions and corporate reorganizations, activities involving the regulatory agencies, foreign investment in Brazil (from the time of the investor’s entry into the market up to the daily monitoring of its business activities in the Country), contracts and agreements of all kinds, the formation of joint ventures and strategic alliances, environmental law, foreign trade, privatization and bidding processes, intellectual property, technology transfer, civil litigation, whether judicial, administrative or arbitral and litigation and consulting in the tax area, including tax planning.

The members of BKBG:

• have specialization in corporate law (also including consortiums and companies with a global presence or local companies), constitutional law, tax law, civil and commercial law, labor law, administrative law (including the various types of bidding processes, public works, concession and licensing contracts), economic law, environmental law, foreign investments, technology transfer, public and private international law, working both in the consulting and judicial and administrative litigation areas.
• worked in numerous acquisition transactions of small, medium and large-sized companies, in various business areas, counseling both buyers and sellers, participating in the initial preparation phase of confidentiality agreements and letters of intent, the subsequent due diligence of the target company in all areas of Law and culminating with the drafting and negotiation of the various contracts for the consummation of the operation.
• work actively in ABDI (Brazilian Information Technology and Telecommunications Association) for more than 17 years, participating on its board of directors, from the time of the drafting of the legislation to lift the market reserve restrictions in the information technology area, up to more recently, with the opening of the telecommunications sector;
• represented and assisted various telecommunication companies in bidding processes for cellular mobile telephony (SMC) in 1997 (Band B); fixed and mobile telephony in the privatization of Telebrás in 1998; Public Call for the provision of services through the MMDS technology (2000), and Personal Mobile Service (SMP) in 2001.
• worked in the main public sessions and administrative, arbitration and mediation proceedings with ANATEL, representing clients in administrative litigations before the Agency.
• participated in the winning team of the bidding process to provide consulting services to ANATEL, for the analysis of the best contractual practices related to the negotiation of countertrade transactions, within the scope of the selection of the Digital TV standard (2002).
• counseled various companies, from various market sectors, before the Brazilian Antitrust System (Administrative Economic Defense Council (CADE), Economic Law Department (SDE) and Economic Supervisory Department (SEAE) for the submission of concentration acts. This counseling included the analysis of the act it was intended to legitimate, the preparation of forms, presentation of the dossier to the competent authorities and follow-through of the process at each of the aforesaid entities.
• provide legal assistance in respect to various environmental issues, including environmental licensing, waste disposal, investigation and remediation projects of contaminated areas, disposal of effluents, forestry management projects and carbon sequestration-related projects, working with the various environmental agencies at the municipal, state or federal levels, as well as the State and Federal District Attorney’s Office, having assisted its clients in Conduct Adjustment Instruments and worked both in the consulting phase, and in the administrative defenses and judicial actions, including Public Civil Actions.
• worked in a series of local and international arbitrations, before the most renowned Brazilian and foreign arbitration institutions, in the capacity of lawyers and also as arbitrators, having also worked in pre, inter and post-arbitration events.
• provided legal assistance to Brazilian and international companies with respect to the registration, labeling, import, manufacture and sale procedures of products submitted to sanitary surveillance (foodstuffs, drugs, household cleaning products, cosmetics and others). Counseling and consulting services concerning licenses, authorizations and permits with the Sanitary Surveillance Agencies. Preparation of consultations and follow-through of administrative proceedings with the Brazilian Sanitary Surveillance Agency, its management divisions and other state and municipal Sanitary Surveillance bodies.
• provide legal counseling to Brazilian and foreign companies with Central Bank of Brazil (BACEN), especially for the: (a) registration of foreign capital in Brazil – currency investments (inflow of resources, remittance of profits and dividends, assignment of quotas, etc.) and investments in tangible and intangible assets (technology transfer, trademarks, patents, know-how, etc.); (b) debt to equity swaps and other foreign loan capitalization operations; (c) registration, advice and consulting with respect to foreign credit operations (loans, financed imports, leasing, etc.); (d) provide, on behalf of recipient and/or investor companies, the various types of declarations required by BACEN (declaration of assets and values held abroad, census of foreign capital in the Country, annual registration of the annual economic-financial report of foreign investment recipient companies, etc.); (e) consulting and advice on foreign exchange operations and payments to and from abroad via the free and/or floating foreign exchange market; (f) preparation of various consultations concerning the application of penalties by BACEN and relevance of various foreign exchange regulations, in general; (g) assistance in the obtainment of authorization for investment recipients in SISBACEN (BACEN Information System), and (h) advice and consulting on all foreign capital-related matters, including those concerning the capital market.
• provide legal assistance to Brazilian and international companies relating to the registration, labeling, import, manufacturing and sale procedures of products submitted to the standards and certifications established by the Brazilian Weights and Measures, Standards, and Industrial Quality System (SINMETRO) and Brazilian Weights and Measures, Standards and Industrial Quality Institute (INMETRO).
• represent clients in administrative procedures in the Legal Metrology area and in Conformity Evaluation procedures, as well as advise companies in the legal orientation for the application and obtainment of Conformity Certificates, by Accredited Certification Organizations (OCD) in the Brazilian Certification System.
• provided legal consulting services throughout the privatization process to Brazilian and foreign companies interested in participating in the Brazilian Privatization Program, in the telecommunication, electricity, transport, oil and other sectors.
• advise Brazilian and foreign companies in bidding processes, of all kinds, including participation in public sessions, drafting appeals and administrative and judicial defenses in the lower and higher courts.
• advise Brazilian and foreign companies with respect to the analysis and drafting of opinions on the legislation and regulations pertaining to the concession of public services, particularly with respect to issues involving the economic-financial balance of agreements, obligations concerning the continuity and universalization of services and price readjustments, among others.
• The list presented above is merely an example of the activities developed by the members of BKBG, in the field of public law. This activity is also strongly developed with INPI (Brazilian Patent and Trademark Office), SEPIM (Information Technology and Automation Policy Department), INCRA (Brazilian Land Development Agency), CVM (Brazilian Securities Commission), BNDES (Brazilian Federal Development Bank), and others.