Kincaid | Mendes Vianna Advogados

Established in 1932, Kincaid | Mendes Vianna Advogados has consolidated experience in civil, commercial, corporate and tax law and, particularly, in maritime law, insurance and international litigation, arbitration, infrastructure, aviation, railway, energy and environmental law.

Areas of practice
Shipping, ports and terminals: in-depth knowledge of shipping, sea carriage of cargo and foreign trade in general, providing legal aid to shipowners, charterers, carriers, P&I clubs, insurers, maritime agents, terminals and port operators, shipyards, trading companies, shippers and consignees, assistance with ports, private terminals, licenses at ANTAQ, environmental authorities, federal revenue, concessions, permits and authorizations.

Oil and gas: strategic advice to oil and gas clients in Brazil and abroad. Services include analysis and drafting of agreements, assistance in bidding processes, due diligence, strategy and risk analysis of business opportunities, assessment and negotiations, REPETRO issues and importation of equipment.

Infrastructure: assistance to Brazilian and foreign investors interested in participating in infrastructure projects, analyzing tax, financial, environmental, contractual and corporate impacts, and regulatory issues involving public tenders, bids, concessions, permits or authorisations, especially in those involving transport, roads, railroads, ports, terminals, airports, shipyards, basic sanitation and water distribution.

Aviation: legal counsel to aviation companies on aeronautical law per se and related areas, such as corporate, contracts, infrastructure, regulatory, tax, litigation and arbitration, among others.

Insurance and reinsurance: legal consultancy on insurance and reinsurance law and administrative acts by related government agencies (SUSEP); analysis of insurance/reinsurance policies; insurance investigations, monitoring of loss adjustments and recoveries; incorporation of insurance/reinsurance companies; and administrative and judicial litigation.

Tax and customs: We provide tax consultancy and planning for national and international companies, focusing on tax levies relative to the business structuring, tax optimisations and associated risks, special tax and customs regimes, international treaties in order to avoid double taxation, customs valuation rules, and transfer pricing rules. We are also recommended for tax consultancy to clients in corporate operations (mergers, consolidations, spin-offs) M&As, corporate restructurings, corporate financing, as well as assets leasing.

Arbitration: actively involved in domestic and international arbitration, with extensive experience in applying arbitration rules, such as CBMA, UNCITRAL, ICC, FGV, FIRJAN and ABDM, and in enforcing foreign arbitration awards in Brazil.

Litigation: strong expertise in proceedings at several court levels (Court of Appeals and Court of Justice, Federal Regional Courts, Superior Court of Justice and Supreme Federal Court) and all administrative instances of several government bodies.

Governance corporate/compliance and anticorruption: legal counsel to companies with guidelines on the Brazilian anticorruption laws, regulations and best international practices of corporate governance and compliance, evaluation of methods adopted by clients, due diligence, drafting of internal documents, and assistance in the procedures, such as drafting and contractual analysis, ascertainment and measures to mitigate risks and reparatory measures and assistance in internal investigations conducted by the authorities.

Railway: general consultancy, incorporation of companies targeting the independent railroad operator business; actions within the legislative sphere regarding railway law regulations, including but not limited to bilateral agreements; compliance with registration and formalities within the ambit of Regulatory Agency (ANTT) for the purposes of railroad operator authorization.

China desk: our China desk has the purpose of advising Chinese companies in the promotion of business in Brazil. We count on a lawyer who is fluent in Mandarin and specialized in Chinese law.

Labor and employment: Our team of lawyers have sound labour litigation experience, also providing specialised counsel in matters relating to the drafting of documents, labour agreements, test period agreements, service agreements, among others.

Energy: Our energy team provides legal advice to energy companies operating in this industry. We offer full assistance in regulatory, contractual, corporate and tax matters. We work on projects related to planning and implementation of liquefied natural gas terminals and its transport (LNG), wind farms, and oil and gas purchase and sale agreements.

Public and regulatory law: We have expertise in public law, administrative law, and administrative litigation before the main regulatory and supervisory bodies, ministries and audit courts, aiming at regulatory advice on infrastructure and transport projects, conventional or innovative, with special emphasis on private and public ports, maritime, rail, agribusiness, oil and gas and electricity.

ESG: In the environmental sphere, we offer legal services for projects in the most diverse markets, such as: energy transition, renewable energies, sustainable financing, Green CPR and Green Bonds, green tax incentives, production of non-fossil fuels, carbon offsetting and reduction of carbon emissions. Greenhouse gases, recycling and reuse of waste, among others. In the Social aspect, our services can include legal instruction on: inclusion, accessibility and diversity policies, guaranteeing safe and healthy operations under applicable legislation, and prevention and reduction of conflict zones, among other relevant topics. Concerning governance, we provide legal advice related to compliance with Brazilian corporate, labour, tax and administrative law rules for: corporate due diligence, responsibility and risks attributed to partners, directors, managers and other executive positions, reduction and prevention of corporate litigation, tax compliance and transparency, review of anti-bribery, corruption and money laundering policies.

Other practice areas: corporate, contracts, real estate, environment and agribusiness.