PRACTICE AREAS

As a matter of fact, we emphasize that the environmental law has differentiated legal nature. It is a diffuse law, or third generation law, since neither public nor private law can guard the interests at stake – the protection is not up to an exclusive area, but to the entire community and to each of its members. In this sense, it is correct to say that transindividuality is one of the main features of environmental law, i.e., while the protected object belongs to everyone, it belongs to nobody, and the community should join forces to protect it.

Nevertheless, compliance with environmental standards is not an easy task, especially because these rules are distributed at the federal, state and municipal levels, making the access and applicability difficult to achieve. Thus, NWADV has the power to assist the customer in applying such rules, seeking the most appropriate and cost-effective way to meet the customers’ needs. In this context, NWADV offers the following services:

• Preventive Consultancy and Environmental Planning through comprehensive legal support on issues related to environmental law; legal counsel to obtain, maintain and renew environmental permits; legal assessment of environmental viability for potentially polluting projects; participation in public hearings for the business interest with the customers, among other services.

• Consultancy for regularization of tax payments and environmental compensations.

• Negotiation and composition of environmental liabilities with the regulatory agencies.

• Legal counsel specialized in the composition of Terms of Conduct Adjustment with the Public Ministry and environmental agencies.

• Expertise in environmental litigation, including preparation of defenses and monitoring administrative and judicial processes of environmental damage notice; defense in public civil actions and class actions; defense in lawsuits involving environmental crimes, and representation and defense in cases involving civil and criminal liability in the environmental sphere, such as Civil Inquiry, Police Investigation, Public Civil Action and Environmental Criminal Action.

• Advisory and consultancy services in environmental law for PAC (Growth Acceleration Program) projects.

Having an adequate and effective corporate structure is an increasingly recurring concern of the entrepreneurs, who are not only focused on reducing costs, but also on preventing possible disputes between partners and their successors, as these complex disputes involve aspects related to several areas of Law, including Tax Law, Civil Law, Commercial Law, among others. With highly skilled professionals, NWADV works with multidisciplinary teams to provide the following services: incorporation and structuring of companies, participation in meetings, preparation of minutes and other instruments, shelving of the records, corporate reorganizations, mergers and acquisitions, consolidations and split-ups, joint ventures and strategic alliances, public offerings of securities, legal assistance in securities traded in OTC (over-the-counter) markets, consultancy on the regulations of Comissão de Valores Mobiliários (Securities and Exchange Commission) and Banco Central do Brasil, and legal audits.
Currently, disputes involving issues related to Consumer and Civil Law are an inherent part of business. Discussions referring to rights of property and possession, obligations, contracts and civil liability are increasingly common in every company on a daily basis. NWADV has highly qualified professionals to protect customers’ interests. In this area, we highlight the following activities: preparation of legal opinions; review and drawing up of contractual instruments and other agreements; sponsorship of lawsuits before Special, State and Federal Courts, as well as before consumer defense agencies; monitoring processes in the stage of appeals before Courts; promoting credit recovery actions, liability management, among others. NWADV also offers guidance on the drawing up of contracts with customers and suppliers, guidance in signing bank contracts with due analysis of guarantees granted and mutually agreed rates, identification and delimitation of legal risks of the developed business activity, as well as providing customized legal opinions on issues of greater complexity, involving civil liability, contractual obligations, among others.
Labor contingencies are inevitable in any company. However, the mitigation of risks arising from labor relations and reduction of labor liabilities are essential to business development. In this sense, NWADV plays a key role with a team of experts who provide the customers with permanent consultancy in Labor Law and act as defense attorneys when the customers are defendants in lawsuits.
Administrative Litigation: representation and defense in administrative and disciplinary proceedings.

Administrative and Judicial Litigation: representation and defense in malfeasance suits and class actions, petition of warrant for further actions to the Judiciary Power.

Public Contracts: preventive audit and contract management, alerting the customer manager about the legal and contractual standards, with emphasis on risks and mitigation measures, preparation of pleadings and filings, or monitoring administrative and judicial litigation and arbitration at the contractual level.

Regulatory Agencies

Monitoring of the use of utilities and advice as concerning the rules issued by regulatory agencies such as IBAMA (Brazilian Institute of Environment and Renewable Natural Resources), ANATEL (Brazilian National Telecommunications Agency), ANEEL (Brazilian National Electric Energy Agency) and ANP (Brazilian National Petroleum Agency); as well as the legislation on new agencies such as ANA (Brazilian National Water Agency), ANTT (Brazilian National Agency for Ground Transportation), ANTAQ (Brazilian National Agency for Waterway Transportation), ANVISA (Brazilian National Health Surveillance Agency).

Public Administration

Direct and indirect services for projects of Federal, State and Municipal Public Administrations at the Executive, Legislative and Judiciary levels.

National and International Public Tenders

Analysis of the structure and legality of Invitations to Bid and bidding processes, preparation of schedules and checklist of documentation and proposals, drawing up of objections and requests for clarifications, representations before the Federal Audit Court and the Judiciary Power, monitoring of the bidding process.
• Preventive legal advisory and consultancy services in the drawing up of all legal instruments aimed at real estate transactions; such as buying, selling, purchase and sale commitments, exchange, donation, payment in kind, provision of guarantees in favor of third parties, construction, contract for piecework, renting, leasing and partnership, as well as all other forms of transfers of ownership, including those arising from corporate actions.

• Analysis and regularization of all real estate documentation and support in the formation and legal structuring of a wide range of projects, including real estate developments, gated communities, land subdivisions, payment in installments, shopping malls, hotels, flats, condominiums (for residential, commercial, industrial , hospital purposes) and clubs. By monitoring administrative processes for approval of projects, lands, renovations, building permits, certificate of occupancy (Habite-se), certificate of acceptance (Aceite-se), fee farm, occupancy rights, among others.

• Expertise in litigation in all kinds of possessory and claiming actions such as eviction, trespass to try title and writ of entry, prohibitive injunction, denouncement of construction, rectification of area and record, ordinary, extraordinary and special usucapio, compulsory judicial confirmation of ownership, contractual terminations including those resulting from hereditary succession such as probate proceedings, apportionment of assets and testaments.
Customs Law

Advising and consulting in legal and administrative processes before Revenue and Customs agencies, at every port and airport in Brazil. NWADV advises the customers on the proper application of the rules relating to Tax Law for such operations; acting, moreover, on the release of seized cargo.

Corporate Criminal Law

Legal tax advising on conduct and rules compliance for procedures in the economic and financial areas. Counseling and defending customers in police investigations or criminal proceedings, advising and protecting the interests of customers who were victims of corporate fraud in police or judicial areas. Criminal Law consultations encompassing tax area, environmental crimes, prevention concerning criminal liability of administrators, judicial and extrajudicial litigation, representation through monitoring police investigations, requests for relaxation of imprisonment, habeas corpus, defense in criminal suits, precautionary measures, among others.

Electoral Law

Political parties, candidates or party coalitions can count on NWADV team for legal-electoral consulting services. Through a wholly owned structure in the top electoral colleges of the country, with professionals specializing in this segment, NWADV offers candidate registration services (defense or objection), advice on campaign financing, limit of donations, and legal counsel for electioneering and the right of reply. Legal and preventive monitoring of conduct with public officials, electoral representation, objection of candidacy registrations, elective tenures, judicial and electoral investigation, and appeals against graduations.

Maritime Law

Consulting on maritime transportation contracts and lawsuits involving accidents related to the activity and to the insurance of cargo and vessels, focusing on the rules relating to civil liability.

Port Law

Advising for terminal and operators in the civil and labor areas, focusing on the specifically applicable laws. Defense and representation before unions, OGMO (Labor Management Agency), Ministry of Labor and other supervisory agencies.

Regulatory Law

NWADV offers legal advice with effective experience in the Brazilian regulatory system. Our professionals have acquired extensive experience in a wide range of regulatory issues working in senior positions of regulatory agencies and public companies. With such advantage, we can have a better understanding of the governmental point of view — a strong differentiator for the development of strategies to benefit our customers. Our services in this segment include:

• Consulting on regulatory issues, including advice and representation of companies before regulatory agencies, such as ANATEL (telecommunications), ANEEL (electricity), ANP (oil and gas), ANTAQ (maritime transportation), ANTT (ground transportation), ANVISA (health), among others;

• Planning and structuring of business operations aligned with regulatory aspects;

• Preparation and negotiation of contracts and agreements containing clauses covering regulatory aspects;

• Preparation of legal opinions on regulatory issues;

• Advising and representing companies in proposals and high-profile public bids related to public-private partnerships (PPP), concessions, permits and authorizations;

• Preparation and analysis of contracts and administrative agreements with the government;

• Assistance during the execution of public contracts;

• Representation of companies in disputes involving public bids and public administration issues;

• Preparation of legal opinions, risk assessments, strategies and policies related to public administration issues;

• Direct negotiations with government agencies.

Ground Transportation Center

In order to meet the needs of companies operating in this sector, NWADV offers legal and litigation counsel at the administrative and judicial levels, standing out as a defense attorney for providers of passenger transportation services in several simplified administrative legal actions (resulting from the issuance of notices of infraction) and ordinary actions (arising from infractions that may result in severe penalties, such as a declaration of eligibility, forfeiture and cancellation of services) before the ANTT, the State Departments of Road Transportation and the Municipal Transportation Agencies.

Closed Complementary Pension Plans

NWADV also assists Closed Complementary Pension Plan Entities (EFPC, in Portuguese) with full legal support on issues related to Social Security legislation, providing legal advice and working preventively and actively in actions involving discussions about regulations, recalculations of benefits, assistance plans and cases affecting EFPCs.

NWADV stands out for offering differentiated and personalized services using due diligence, consistent survey of all procedural data covering judicial and administrative disputes, encompassing all aspects that may affect the actuarial balance of the Funds, aiming to preserve the maintenance of the Benefit Plans and to protect the Sponsoring Entities, Beneficiaries and Members.

Furthermore, due to its wholly owned structure throughout the country, NWADV acts in a unique way with an expert legal team, providing tailor-made legal advice respecting the uniqueness of each legal entity, providing teams to work exclusively both on actions of great demand and on highly strategic actions, always excelling for its undeniable personalization and efficiency features.
Brazil has one of the highest tax burdens of the world. The country has a complex and ever-changing legislation, demanding the tax law expert to stay current on a daily basis. In this segment, NWADV acts on several areas:

• Preventive Consulting and Tax Planning: organization of tax planning to lawfully structure business activities aiming to fit the customer in the lowest tax bracket. Another focus of this segment is on the administration of tax risks in order to reduce or avoid fine issuing;

• Tax Administrative and Judicial Litigation: representation in legal actions initiated whenever the taxpayer is charged, administratively or judicially, by amounts that involve federal, state or municipal taxes;

• Fiscal Regularity: we advise the customer in cases involving procedures for obtaining certificates, special tax regimes, removal of administrative restrictions, developing queries to tax administration at all government levels;

• Legal Opinions on Financial Statements: legal and accounting advice for company equity, economic and financial evaluations, adjustment and reclassification of accounting statements, P&L (profit and loss) statements through financial and profitability metrics as well as the evolution or involution of accounts through horizontal and vertical analysis.
Besides the sponsorship of judicial and administrative cases, NWADV offers legal diligence services throughout the country to customers and partner law firms, including:

• Filing of petitions, assignment of cases and appeals, attainment of copies of procedural items, request for and collection of certificates, collection of legal costs and distribution of precatory letters, delivery of briefs to chambers, collection of permits, official notices, and writs;

• Attainment of certificates in general; decisions from justices, appeals court justices, ministers and other authorities and officials involved in the process; Recognition/Exequatur of Foreign Judgments;

• Representation at hearings or participation in trials providing real-time information of the announced results;

• Oral arguments before all Courts in the country.