50 years of experience in legal services

The law firm TOSTES ASSOCIADOS ADVOGADOS (TAA) was established in Rio de Janeiro in April 1973 by lawyers Sergio Tostes, Edmundo Lins Neto (one of the most traditional lawyers in Rio de Janeiro) and James Clark.

Tostes Associados Advogados

The Law Firm

O escritório opera sob a gerência de Sergio Tostes que, conciliando sua atuação como advogado, ocupou cargos de direção na OAB/RJ, dentre os quais a Presidência do Tribunal de Ética e Disciplina, órgão máximo da classe para julgar o comportamento ético dos profissionais do Direito.

advogado Sergio Tostes

SERVICES

AREAS OF PRACTICE

The firm has a long-standing and distinguished presence in several important cases in the country’s courts, including before the Superior Courts, whether in individual disputes or in abstract constitutional review actions. Approval and enforcement of foreign arbitration awards and sentences in Brazil, as well as citations and instructions of foreign jurisdictional acts.

The firm has participated in several arbitration proceedings since the 1990s, shortly after the enactment of the Arbitration Law in Brazil (Law 9,307/96). TAA members have worked before the best Arbitration Chambers in the country, such as the Arbitration Chamber of the Getúlio Vargas Foundation (FGV) and the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce (CAM-CCBC). Drafting and negotiation of arbitration agreements, review and counseling of clients on arbitration clauses in business contracts. Participation in Mediation sessions and comprehensive client advisory services in resolving disputes and drafting contractual clauses that comply with the institute.

Assistance in administrative and disciplinary proceedings before federal, state and municipal agencies. The firm has frequently participated in administrative liability proceedings (PAR) and legal proceedings arising from the Anti-Corruption Law (Law 12.846/2013), in addition to negotiation rounds aimed at entering into leniency agreements.

The firm provides daily advisory services in projects for the exploration and production of oil wells and natural gas deposits, as well as in the hiring of services and goods used in the oil and gas industry, mainly on assistance in the bidding process and agreements of charter and operations services of Floating Production, Storage and Offloading units (PFSO). Assistance in obtaining financing and bonds issued abroad. Negotiation of equipment purchase and sale contracts and in the hiring of services. Assistance in all types of transactions, such as farm-in/farm-out operations and corporate and debt operations. Representation before the ANP – National Agency of Petroleum, Natural Gas and Biofuels and Port Authority. Assistance and representation of companies before the main players in the Brazilian industry and administrative authorities and regulatory bodies. Advice on projects related to electricity activities (distribution, marketing and transmission).

Filing of Requests for Judicial and Extrajudicial Recovery and Bankruptcy. Advice on negotiating agreements with creditors, drafting the necessary legal instruments. Representation of debtors and creditors in Judicial Recovery and Bankruptcy, development of the restructuring plan aimed at the company’s recovery and other related legal instruments. Acting as Judicial Administrator in Judicial Recoveries and Bankruptcies.

Consulting and acting in the judicial sphere, with monitoring of actions in all instances of labor proceedings. Labor legal audit. Advice on the installation of foreign companies in Brazil and on the hiring of employees. Advice and participation in collective bargaining.

Formation of companies. Corporate restructuring, including incorporations, spin-offs, mergers, transformations, dissolutions and other usual operations. Legal assistance in increasing and opening and closing capital, issuing new shares, debentures and other securities. Commercial and civil contracts, purchase and sale of assets, commercial representation, distribution and other agreements. Advice to the internal legal department of corporate clients, focused on the day-to-day running of the company (legal support at General Meetings, Central Bank requirements, adaptation to new laws, obtaining documents from the competent bodies). Advice on the execution and execution of large-scale contracts, including contract review, support for incorporation of special purpose companies and specialized business support.

Legal action before all courts in the defense of interests related to all areas of Civil Law (civil liability, family, inheritance, property rights, leases, etc.). Preventive consultancy in matters with potential for litigation, through guidance on conducting negotiations with the specific purpose of managing, minimizing or eliminating risks, covering all aspects of Civil Law.

Legal assistance regarding participation in bidding processes, formation of consortiums, contesting notices of bids, drafting administrative appeals and legal measures. Guidance in the analysis of administrative contracts and relevant legislation (concessions, permits and Public-Private Partnerships – PPPs). Guidance and advice on the preparation of national and international bidding processes. Issuance of opinions, studies, analyses and responses to queries on specific issues of Administrative Law. Work with Regulatory Agencies. Defense in Administrative Disciplinary and Liability Proceedings. Defense in infraction notices. Advice regarding the legal framework for basic sanitation.

Preventive action in conflicts between suppliers and consumers of products and services. Judicial and administrative litigation throughout Brazil before the ordinary courts, Small Claims Courts and Procons. Administrative procedures before entities that are part of the National Consumer Defense System (SNDC) and before the Public Prosecutor’s Office. High production quality, management and control volume demands.

Consulting, analysis, preparation and implementation of strategies aimed at adequate tax planning for the client, including corporate reorganization operations. Review and analysis of tax procedures and documentation, including balance sheets and financial statements, with the aim of identifying potential risks and opportunities for tax savings. Preventive support to the client in matters involving the interpretation and application of tax legislation. Extensive legal assistance in the administrative and judicial spheres.

Consulting and litigation in insurance, capital market, investment fund and financial restructuring and asset recovery matters.

Acting in administrative and judicial procedures regarding the application of sanctions for environmental damage (defense in violation reports). Consulting services for companies to regularize their status with government agencies (INEA, IBAMA, etc.), including audits. Legal assistance in obtaining external financing for use in projects related to the environment. Acting before government agencies responsible for licensing activities and monitoring compliance with environmental standards (defense in violation reports). Defending companies in the Judiciary to prevent excesses committed by inspection agencies.

Comprehensive consultancy for condominiums and real estate developments. Legal support at Assemblies. Transactions involving real estate or real estate collateral. Real estate transactions and contracts: purchase and sale, rental, loan for use, rural lease and partnership, exchange, real estate leasing, administration and management, easement, usufruct. Regularization of urban and rural properties in the registries and competent agencies. Procedures in the administrative and judicial spheres.

Divorce, split of inheritance, maintenance procedures (and their review or modification), guardianship, absence, custody and visitation. International child law (Hague Convention). Investigation of paternity, socio-affective paternity, declaratory deeds, prenuptial agreements, same-sex unions, recognition and dissolution of stable unions and split of inheritance.

Judicial and extrajudicial inventory, division and interdiction. Succession planning, with the structuring and/or organization of family assets and their administration with the succession. Representation of heirs in contentious inventory. Drafting of wills.

In addition to Hague Convention cases, the firm has solid experience in the formulation of legal opinions in disputes abroad, as well as an expert witness in judicial and arbitration proceedings.

Advisory and litigation services aimed at closed and open supplementary pension entities. Advice on the entity’s internal governance structure, benefit plan regulations, funding rules and bylaws. Assistance in administrative proceedings, including inspections, before the National Superintendence of Supplementary Pensions (PREVIC) and the Superintendence of Private Insurance (SUSEP), with preparation and monitoring of defenses and appeals in higher courts.

Consulting on the implementation and review of compliance programs and the preparation of the Code of Ethics and Conduct. Process mapping and risk management, and assistance in the implementation of the reporting channel.

Acting before the Brazilian Antitrust System, including the Secretariat for Economic Monitoring (SEAE) of the Ministry of Finance and the Administrative Council for Economic Defense (CADE), as well as in the litigation sphere. Advice on commercial or corporate transactions to prevent conflicts with antitrust legislation.

Legal assistance to tourism, fair, congress and theme park ventures. Acting before the competent administrative bodies for the granting of permits and licenses for holding large events. Structuring of contracts for the implementation of business models. Corporate law applied to technology businesses.

Regulatory consultancy in fixed telephony, mobile telephony, broadcasting, pay TV, satellite multimedia and value-added communication services, Internet, etc. Legal assistance in participating in bids, associations, concessions and contracts in general. Work in the contentious, administrative and judicial spheres.

Work in preventive consultancy, with corporate and labor planning, and in litigation and conflict resolution.