Litigation and Arbitration

Our litigation and arbitration team represents clients in many different types of litigation focusing on:

• •overturning or reversing corporate acts;
• •enforcing shareholder and management compliance with obligations and/or abstention from harmful practices (for example, forced removal and assessment of assets)
• •liability for corporate and/or shareholder damages;
• •judicial intervention in corporate management;

We also represent clients involved in administrative proceedings with the Brazilian Securities and Exchange Commission (CVM), trade commission and the National Trade Registry Department.

We develop independent strategies and arguments to support applications and defend our clients in litigation involving relevant corporate law and capital market matters.

We also represent clients in disputes involving energy, banking law and financial and commercial contract matters.

Compliance and Anticorruption

Disciplinary, anticorruption and compliance proceedings and leniency agreements

We advise and represent clients in corporate liability matters involving administrative (at Federal, State and Municipal level, especially involving the Federal Comptroller General and the Federal Court of Accounts) and judicial proceedings.

We advise clients that are negotiating or agreeing leniency agreements with the Federal Comptroller General (CGU) and the Federal Advocate General (CGU), the Administrative Board for Economic Protection (CADE), the Brazilian Securities and Exchange Commission (CVM), the Central Bank and the Office of the Public Prosecutor.

We advise companies that are creating, implementing and improving compliance policies and programs to ensure they comply with anticorruption laws and help prevent crime and mitigate penalties in case of violation.

We also advise clients on due diligence processes.

Investigations

We advise clients on internal investigations into breaches of anticorruption, antitrust and public bidding laws and provide guidance on investigation outcomes.

Government Relations

We advise companies on relationships with Federal, State and Municipal Executive and Legislative interactions involving regulatory and legislative matters, administrative proceedings and public policy formulation.

Financial and Capital Markets

The firm provides representation on regulatory matters involving the Central Bank of Brazil, the Brazilian Securities and Exchange Commission, the National Financial System’s Appeals Board, the BSM Markets Oversight and ANBIMA - the National Association of Financial and Capital Markets, including consultations, routine inspections, responses to official communications and disciplinary and non-disciplinary administrative proceedings.

We develop innovative strategies and arguments to support applications and defend our clients in litigation involving relevant corporate law and financial and capital market matters.

Public Law

Warde Advogados’ Public Law practice is led by Rafael Valim, one of Brazil’s foremost public law specialists.
The Public Law team represents clients on matters in judicial and administrative litigation and arbitration.

Administrative Misconduct
We defend clients in cases of administrative misconduct.

Court of Accounts
We advise clients on cases at the Court of Accounts.

Public Procurement and Government Contracts
Our legal advice includes technical support for companies engaged in public procurement procedures and government contracts.
We also represent clients litigating to enforce their rights and amend unlawful administrative decisions in public procurement and government contracts.

Infrastructure and Regulation
We provide legal models and frameworks for infrastructure projects.
We advise companies and investors who are planning to bid for public works and services contracts via public-private partnerships (PPPs), concessions, permits and authorizations.
We also monitor performance of public-private partnerships (PPPs), concessions, permits and authorizations and provide guidance on regulatory, contract and corporate matters.

Constitutional Actions
We represent client interests in constitutional matters heard by the State Appellate Courts or the Federal Supreme Court.