Brazil

Benchmark Litigation Reviews

Dispute resolution
Barbosa Müssnich Aragão (BMA)

Barbosa Müssnich Aragão (BMA) is home to one of the most active litigation and arbitration practices in Brazil. The group handles national and international matters for clients in numerous industries, as well as alternate dispute resolution strategies and conflict prevention.

The disputes team is composed of litigators with varying specialties. Francisco Müssnich, or Chico, as he likes to be called, is active in national and international arbitrations, particularly in connection with corporate disputes. Müssnich is recognized as a Top Arbitrator for Benchmark Latin America. Sergio Kehdi Fagundes focuses on complex corporate disputes where he represents national and international clients in mediation, arbitrations, administrative proceedings, and before state and federal courts. André Abbud is active in corporate, infrastructure and contract disputes. Antonella Carminatti heads the intellectual property practice, where she has developed a successful practice on anti-counterfeiting disputes and IP-related litigation, including unfair competition, domain names and trade dress cases. Luiz Fernando Fraga has substantial experience in corporate and commercial disputes and litigation against government agencies.

Demarest Advogados

Demarest Advogados is a full-service law firm that prides itself on the capabilities of the litigation, arbitration, and dispute resolution teams. The practice is active on behalf of local and foreign clients across numerous industries, including pharmaceutical, automotive, construction and infrastructure, metal, and energy industries. The firm continues to participate in a range of complex, high profile, and high-stakes disputes, out of their offices in São Paulo, Rio de Janeiro, Campinas,
and Brasilia.

Celso Xavier and Newton Marzagão are co-lead defense counsel to a major pharmaceutical company in a class action suit that alleges collusion with NGOs, doctors and lawyers to allegedly defraud the Public Treasury, derived from a criminal investigation. The class action, however, was deemed successful when the client was found not guilty as the court ruled there was no evidence of knowledge of collusion and no benefit of such was obtained by the client. Xavier is recognized for his litigation expertise related to contractual disputes, crimes, cartel disputes, product liability and judicial reorganization. Marzagão is recognized for his civil, commercial litigation, and arbitration work. Carlo Verona is active on international arbitration and cross-border disputes. He also specializes in anti-corruption related issues, internal investigations and international enforcement.

Marcelo Inglez de Souza concentrates his practice in corporate, contractual, civil and commercial litigation, and intellectual property disputes. He currently represents Colormatrix in its largest dispute in Brazil involving undue use of IP assets and unfair competition. Luciana Goulart Penteado is recognized as a Top Woman in Litigation by Benchmark Latin America. Her practice is dedicated to consumer law and administrative disputes. She is active in cases on behalf of clients in the aviation, automotive and life sciences industries. Recent representations include Aerolíneas Argentinas, Mercedes-Benz, TripAdvisor, and Visa. Rafael Gagliardi specializes in regulatory disputes in the energy sector, international and domestic arbitrations, and dispute resolution. He currently represents Agiplan and Agibank in civil actions brought by public prosecutors in Salto, São Paulo challenging certain practices in loan operations, including applied interest rates. 

Ferro Castro Neves Daltro & Gomide

Ferro Castro Neves Daltro & Gomide is recognized as a top-tier litigation and arbitration firm. Since its 2005 inception, the firm has handled an array of corporate, construction and administrative disputes, with notable strengths in the consumer, sports law, and arbitration spaces.

The firm is home to one of Benchmark Latin America’s Top Women in Litigation, Karina Goldberg, who has been selected for the third consecutive year due to her work in the civil, commercial, and corporate litigation space. Goldberg is also active in judicial litigation and domestic and foreign arbitration. Marcelo Roberto Ferro is recognized as a leading lawyer in the areas of corporate and construction litigation. New litigation star Simone Barros is receiving increased praise for her role in civil litigation, arbitration, bankruptcy proceedings and restructuring matters, corporate law, and contract disputes. Jose Roberto de Castro Neves specializes in civil and corporate litigation, arbitration, consumer rights, corporate and contract law, administrative and family law, and successions rights cases.

Leite Tosto e Barros Advogados

Leite Tosto e Barros Advogados is a well-known, full-service law firm with notable strengths in litigation and business consulting. The group is active in a wide range of contentious disputes, including credit recovery, distribution contracts, labor and employment, civil actions, product liability, insurance, shareholder disputes, public concessions, tax, and administrative disputes, among others. The group operates out of three Brazilian locations in São Paulo, Rio de Janeiro, and Brasilia.

The firm is home to five Benchmark Latin America litigation stars: founding partner Ricardo Tosto is recognized for his disputes work in areas of credit recovery, banking contracts, bankruptcy, corporate restructuring, administrative, electoral, and civil and commercial disputes. Charles Gruenberg chairs the litigation practice and the arbitration practice. He specializes in civil, commercial, and banking disputes. Paulo Guilherme Lopes is renowned for his business disputes practice. He has also acted in numerous arbitration proceedings, most notably in the infrastructure, financial services, corporate, debt restructuring and commercial spaces.

Andreas Klepp is recognized for his labor litigation practice, and on union relations and social security matters. Rodrigo Quadrante is active in bankruptcy and restructuring proceedings, contractual disputes and negotiations, and alternate dispute resolution strategies. 

 

Licks Attorneys

Licks Attorneys is a leading Brazilian law firm recognized for handling large and complex intellectual property, life sciences, food and drug, regulatory, internet and data privacy and cyber-crime disputes. The firm is recognized for its patent disputes work with successful track records in cases on behalf of multinational pharmaceutical and agrochemical companies. The firm operates out of five offices in Rio de Janeiro, São Paulo, Brasilia, Curitiba, Brazil, and Tokyo, Japan. One client says, “Licks demonstrates a robust knowledge of the Brazilian litigation landscape, and therefore is an excellent thought partner in crafting strategy.”

The firm is led by litigation star and founding partner Otto Licks. His practice is dedicated to IP trial and appellate work, as well as complex litigation and policy work. He and new litigation star Felipe Mesquita are representing Space Data in a leading case to revive Brazilian patent application relating to a floating constellation communication system and method. Mesquita heads the Brasilia branch of the firm where he is active on patent validity, infringement, regulatory compliance, and telecommunications disputes, as well as administrative proceedings before government agencies. Clients rave about Mesquita, stating, “Felipe is gifted in crafting litigation strategy to achieve the client’s objectives. He is also extremely responsive and communicative.”

Fellow founding partner Carlos Aboim is recognized for his work in intellectual property, unfair competition, competition law and regulatory compliance cases – mainly in the areas of life sciences and information technology. He currently represents American Glass Products in an infringement lawsuit involving a patent regarding bulletproof glass after prior counsel received an ex parte preliminary injunction enjoining AGP from selling its products in Brazil, which prompted the client to seek Aboim’s representation. After the firm joined the proceeding, the appellate court overruled the trial decision a day after the appeal was filed.

Fellow founding partner Rodrigo Maior, former Federal Judge Liliane Roriz, and Otto Licks are members of the lead counsel team representing Novartis on two different lawsuits challenging the validity of a patent for the first-ever solid oral medicine for multiple sclerosis approved by the US Food and Drug Administration. The outcome of this matter has tremendous implications for the Brazilian patent system and could potentially invalidate thousands of patents in all technology areas on the same grounds. As one of the most high profile, high-stakes patent disputes in the country, this matter is based on alleged non-compliance with patentability requirements.

Founding partner Eduardo Hallak represents Gilead in defending the allowance of their patent related to sofosbuvir, the active ingredient of Sovaldi, Harvoni and Epclusa, which are cornerstone drugs in the cure for hepatitis C.

Mattos Engelberg Advogados

Mattos Engelberg is a mid-sized São Paulo based law firm, with additional offices in Ribeirão Preto and Rio Brilhante. The civil litigation practice is active in administrative, constitutional, class action, and regulatory disputes. The group is also active in civil actions, corporate disputes, financial contracts and capital markets litigation, indemnification suits and credit recoveries. The firm also manages an active arbitration practice, which includes investment arbitrations and arbitration award confirmation proceedings.

Founding partner Ubiratan Mattos is recognized for his complex litigation, antitrust, product liability, competition law and international trade practice. He has been active in disputes across Brazil for more than 30 years. Litigation star João Carlos Aresa represents GLOBENET Cabos Submarinos in a dispute resulting from a termination of contract. The firm is responsible for the preparation of the defense. Fellow litigation star Frederico Favacho represents CJ International Brasil in an arbitration proceeding over a sales and purchase agreement of soybeans in relation to the quality of said goods. 

Mattos Filho Veiga Filho Marrey Jr & Quiroga Advogados

Mattos Filho Veiga Filho Marrey Jr. e Quiroga Advogados is a leading firm in the areas of dispute resolution, litigation, and arbitration. The practice is active representing domestic and foreign clients in both trial and appellate proceedings brought before numerous Brazilian court systems, as well as in ad hoc arbitration proceedings. The litigation practice consists of 11 partners and 79 associates.

Litigation star Fernando Dantas M. Neustein represents Philip Morris Brasil in a case filed by the Federal Union seeking reimbursement of health care costs associated with tobacco-related diseases against the major tobacco companies in Brazil.

Alex Hatanaka and Ricardo Junqueira represent Tecumseh in a commercial litigation case involving antitrust issues. The matter began as a cartel investigation that led to a class action suit in Rio de Janeiro filed by a National Consumer Association against the client. Cassio Gama Amaral is lead counsel to Fator Seguradora and Chubb Seguros Brasil in a collection lawsuit before the State Court of São Paulo to obtain reimbursement of a significant indemnification against the shareholders of a major airline company in Brazil.

Eduardo Damião Gonçalves has experience as both counsel and arbitrator in domestic and international arbitrations under ICC and UNICITRAL. He is recognized as a Top Arbitrator for Benchmark Latin America.

Flávio Pereira Lima represents clients in civil and commercial court and administrative proceedings in Brazil. Recent representations include BRF Brasil Foods and Alphaville, respectively, in civil liability and damage claim disputes.

Pinheiro Neto Advogados

Pinheiro Neto Advogados is a full-service firm with clients spanning the full spectrum of industries. The firm has represented domestic and foreign clients in arbitration proceedings and litigation disputes in the antitrust, aviation, banking, bankruptcy, capital markets, construction, energy, family, regulatory, insurance, intellectual property, labor, product liability, real estate, tax, and white-collar sectors. One client praises the firm, saying, “The firm has deep knowledge and solid grounds to start a case. I have worked for more than 25 years with PN and have always been deeply satisfied with their services and flexibility,” adding, “I have always been very well attended by the lawyers - from junior to partners.”

Pinheiro Neto is home to numerous Benchmark Latin America litigation stars. Celso Cintra Mori is a seasoned litigator who is recognized for his representation of clients in corporate disputes. Diógenes Gonçalves heads the litigation group where he remains active in insurance disputes. Mori and Gonçalves are active representing Grupo Peralta in a corporate dispute among four brothers who are shareholders of a 10-company group. The dispute is in connection with an ascertainment of assets that define valuation and pay for the shares of one of the shareholders.

Leonardo Rocha e Silva is recognized for his active is work in handling multibillion-dollar cases for multinational companies in complex litigation. His practice is centered around investigations into anticompetitive practices, merger filings and compliance. He currently represents a Brazilian subsidiary of Boston Scientific and three former employees of the company in an investigation related to alleged cartel behavior in the pacemaker market. Luiz Roberto Peroba Barbosa has focused his practice in advising companies in a broad range of tax matters. He represents Brazilian companies and their subsidiaries in high-stakes litigation, having obtained favorable victories in disputes across numerous courts.

Rodrigo Carneiro is dedicated to corporate disputes and cross-border cases involving Brazilian law, both in Court and in arbitration proceedings. Cristianne Saccab Zarzur is recognized for her role in competition and antitrust cases and indemnification lawsuits. She is recognized as one of Benchmark Latin America’s Top 25 Women in Litigation.

Gilberto Giusti represents a foreign buyer of a significant business in the Brazilian health insurance market in an M&A dispute and a group of national and international companies in a dispute involving a supply and installation of railway equipment to the Public Administration. Luis Antonio Ferraz Mendez represents Hospital Oftalmológico de Brasília in a civil inquiry initiated by the labor prosecutor’s office, who questions whether or not the hospital could engage medical professionals as independent contractors. 

Schmidt Lourenço Kingston Advogados Associados

Schmidt Lourenco Kingston Advogados, or SLK, is active representing clients before both state and federal courts. Since its 1992 inception, the team has been active in arbitration, civil, commercial, real estate, regulatory and government disputes.

Gustavo da Rocha Schmidt is recognized for his work in civil and business litigation matters, as well as for his work in arbitration proceedings. Alexandre Kingston is active in real estate, environmental and urban law disputes. The firm was hired to represent client Credimus’ interests midway through a lawsuit filed against the Rio de Janeiro State Securities’ Dealer in a bid to bolster the client’s chances of success. The firm argued a successful appeal. 

Sergio Bermudes Advogados

Sergio Bermudes Advogados is a pioneer dispute resolution firm in Brazil since its inception almost 50 years ago. The firm’s reputation is largely based on the advocacy skills of its attorneys before the courts, national and international arbitration tribunals, and administrative bodies on matters in diverse industries. The team of lawyers is recognized for their leading presence in high-stakes matters before all Brazilian administrative bodies, regulatory authorities, and courts and tribunals.

Litigation stars Marcio Vieira Souto Costa Ferreira and Guilherme Valdetaro Mathias represent Chubb in a dispute brought by Anglo American. The client refused to cover an event that occurred at Port of Santana, State of Amazonas as the port is allegedly owned by Anglo Ferrous Brasil, a company pertaining to Anglo American, which filed this dispute seeking and insurance pay out and an award of damages. The firm obtained a favorable decision at the first instance court, and a judgment is pending at the second instance court. Founding partner Sergio Bermudes and litigation stars Marcio Vieira Souto Costa Ferreira, Fabiano Robalinho Cavalcanti, and Caetano Berenguer are part of the lead counsel team representing Braskem in a BRL6.7 billion lawsuit filed by the Federal Prosecutor’s Office. The suit claims that Braskem should be held responsible for cracks and damages suffered by families in the region of Pinheiro, Mutange and Bebedouro.

Marcelo Fontes is active in civil, commercial, arbitration, and banking and financial services disputes. He is recognized for his work on behalf of capital markets and corporate clients in arbitration proceedings.

Wongtschowski & Zanotta Advogados

Wongtschowski & Zanotta Advogados (WZ) was founded in 2006. The firm is active in civil disputes and arbitration proceedings, routinely representing major Brazilian corporations in contentious matters. The team of lawyers frequently litigates on behalf of clients in the construction, energy, logistics, and agribusiness sectors, under several national and international arbitration rules. The group is also active in reorganization and bankruptcy, real estate, administrative, and antitrust matters. One client states, “The law firm is very focused in solving the problem of the client.”

Domingos Fernando Refinetti joined WZ as a partner in 2019. He has acted in arbitrations as both counsel and as arbitrator. Juliana Brotto de Barros Milaré and Rubens Opics Filho represented Metalúrgica Gerdau and filed a defense brief after a claim was filed seeking damages in court against the client, alleging that the value of the shares had dropped sharply causing financial losses, due to allegedly questionable ploys by its controlling shareholders and poor corporate governance. “Juliana has excellent law knowledge and she is so accessible for any client needs!” voices a client.

Vânia Wongtschowski and Marília Canto Gusso represent ISS Servisystem do Brasil in an ongoing real estate litigation claim sought to repossess land located in the town of Embu das Artes, of which ISS is a proprietor and possessor. A repossession claim was allegedly filed by third parties who were not ISS, and the firm filed a relief from judgment to annul the repossession claim due to statute violations. An injunction was granted to allow the client’s repossession of the property, but the repossession claim itself was made difficult by the invaders, who filed a Writ of Mandamus and three challenges. A final closing decision is pending.