Cescon Barrieu

Cescon Barrieu is one of Brazil’s leading law firms. The lawyers stand out for their strong commitment to the representation of clients’ interests and for their work in highly sophisticated, groundbreaking matters. The firm’s goal is to be the clients’ law firm of choice for their most complex legal matters and most strategic transactions and disputes.

Main areas of practice
Corporate law and governance, mergers and acquisitions, and private equity: the firm is often retained by potential targets and boards of directors for representation in connection with mergers, acquisitions, tender offers, de-listings and other corporate transactions, as well as matters involving antitrust and anti-corruption laws. The M&A and private equity practices are recognized as Brazil’s leading practices by any measure. The clients come to the firm whenever the scope of a transaction, no matter how large or small, is strategic and the stakes are high.

Capital markets and investments funds: the capital markets team is recognized as Brazil’s most experienced and far-reaching. It represents the world’s leading financial institutions, public and private corporations, hedge funds, asset managers and entrepreneurs, in connection with their most complex domestic and cross-border securities transactions, including IPOs and other equity offers, tender offers, debt-offerings, derivatives, structured products, mutual funds, receivables funds and securitization.

Its vast experience with the Brazilian Securities Commission (CVM) provides the firm with insight into important regulatory aspects of registered offers in Brazil that may be critical in successfully completing a transaction.

Banking and finance: the firm advises a wide range of clients in the roles of lenders, borrowers, trustees, rating agencies and others in connection with syndicated bank facilities, trade financing, leveraged investments, structured financing, DIP financing and derivatives. The firm also regularly represents clients who trade in banks and other financings in the secondary market, such as hedge funds and other asset managers.

Insolvency and restructuring: the team has wide-ranging experience in assisting clients in connection with complex debt workouts, corporate restructurings and bankruptcy proceedings, with a particular focus on representing financial creditors. The firm has vast experience in credit recovery, enforcement of collateral and other court-assisted proceedings in a wide range of industries.

Litigation and arbitration:  the disputes team is recognized for its breadth of experience and talent at simplifying even the most complicated cases. We are retained by clients from all industries to litigate their most critical cases.

Our lawyers are specialized in high-stakes litigation involving M&A transactions, commercial contract disputes, environmental cases, and technology and IP litigation. We represent clients in international and domestic arbitrations. We have handled several landmark corporate arbitration cases and some of the most complex arbitrations in construction, infrastructure, M&A, technology, and other matters. Our lawyers are also retained to act as arbitrators, expert witnesses, and co-counsel in multi-jurisdiction arbitrations.

Our client list includes multinationals, private and public corporations, investment funds, financial institutions, and entrepreneurs who come to us for assistance with a variety of disputes.

Project finance: the project finance practice is recognized as a market leader in Brazil. The firm’s team has advised on groundbreaking transactions, such as the first greenfield limited recourse, cross-border project finance, the first non-recourse oil production-based project finance, the first cross-border project bond and the first cross-border oil royalty-backed bonds.

Infrastructure and project finance: the firm has a first-class practice in the development of infrastructure projects across all its sectors, such as energy, telecom, oil and gas, water and wastewater, ports and navigation, airports, railways, mining and toll roads. The firm provides advice on all phases of a project, from its conception to its financing, assisting companies in structuring projects, participating in bidding procedures and in claims with the regulatory agencies and granting authorities. The firm has a multidisciplinary team specialized in drafting and negotiating project contracts, such as EPC contracts, off-take contracts and O&M agreements, as well as in EPC contract management, assisting clients with managing claims during the construction.

Mining:  the team has a comprehensive knowledge of the sector’s entire production chain and in-depth expertise in dealing with its main players. We provide regulatory and negotiation counsel to mining and financing companies, in addition to regulatory and business advice to mining companies within M&A, project finance and capital markets transactions. The Cescon Barrieu team also advises autonomously on regulatory matters and contracts with joint venture partners, suppliers, or service providers.

The expertise of our mining lawyers, as well as their integration with all of our practice areas, enables our partners and associates to have a broader view of their projects, identifying possible structures and tailor made solutions for our clients and deals, always adhering to the highest quality standards.

Government relations: the firm combines corporate experience and strategic location in Brasilia to provide legal advice to clients in the dialogue between companies and the public sector. The firm’s objective is to translate to clients the main legislative issues and public policies and their respective impact over the economy and on the business sector. Clients include multinationals, domestic and foreign corporations, investment funds, financial institutions and entrepreneurs in several sectors such as health, pharmaceutical, mining, fertilizers and technology.

Antitrust: the firm combines broad experience in strategic corporate transactions with complex cartel investigations to form one of Brazil’s leading antitrust practice groups. The firm works closely with its M&A, private equity and litigation groups to represent clients in a wide variety of domestic and cross-border matters across all industries.

Compliance and anti-corruption: the firm advises on a wide range of compliance and anti-corruption matters, including investigations involving anti-corruption and anti-money laundering laws. The compliance and anti-corruption lawyers help the firm’s clients identify and anticipate tendencies in regulatory standards that may be critical to their business.

Technology and intellectual property: the firm’s practice is recognized for advising clients in connection with complex IP and technology transactions. The team is also active in advising clients in a wide variety of regulatory matters faced by companies in the tech sector, including related to data protection and the legal framework for fintechs. Clients include technology and media companies, startups, retailers, venture capital and private equity funds, financial institutions, electronic platforms, serial investors and entrepreneurs.

Tax: tax has been the cornerstone of the firm’s practice since its inception. The team of experienced tax lawyers advises on a broad range of domestic and international tax matters in financings, acquisitions, mergers, investment funds and international trade, as well as financial products.

Labor: clients come to the firm’s labor law department for complex labor law issues rather than their day-to-day labor claims. The firm has over the years assisted clients with strategic and complex lawsuits, created compensation and incentive programs and assisted them in dealing with trade unions.

Real estate: the real estate practice is at the forefront of the marketplace. The firm advises a myriad of clients on some of the most complex and innovative real estate transactions, including land acquisitions, development, financing, joint ventures and restructurings.

International work: the firm’s international practice includes international finance and capital markets, mergers and acquisitions, joint ventures, banking and finance, structured finance, project finance and international tax planning. We are the first Brazilian full-service law firm with a leading metals and mining practice and an office in Toronto, Canada. The integrated work between the offices in Brazil and Canada will initially contemplate business opportunities in the mining, infrastructure, energy, renewable energy, oil and gas, ESG, technology and fintech, and medicinal cannabis sectors.

Environmental: the firm is prepared to assist developers, prospective buyers, or lenders in all environmental law related issues. We strive to deliver precise and pragmatic advice to identify, allocate, manage, disclose, avoid, and mitigate environmental legal risks. The firm's environmental lawyers also handle complex and strategic environmental litigation, where stakes are often higher than the financial liability involved.

ESG & Impact: the firm's ESG & Impact practice focuses on the five key topics related to sustainability and the pursuit of positive impacts: Sustainable Finance, Governance, Social Impact & Human Rights, Energy Transition and Environment. To this end, the firm has organised an integrated group that combines professionals from environmental, banking and finance, capital markets, corporate law and governance, labour, Infrastructure, and litigation practices. This approach ensures a team that offers a broad approach and the latest practices, trends, and legislative and regulatory proposals regarding ESG, to deliver comprehensive solutions to address clients' day-to-day activities and their most complex projects.

Other areas of practice: Agribusiness, insurance and reinsurance, regulated industries such as power, oil and gas, renewable energy, maritime, transportation, logistics and shipping.