EXPERIENCE
Arbitration involving financial institutions
We represented a well-known non-profit organization in an arbitration procedure with one of the largest financial institutions in Brazil.
The parties discussed their individual responsibilities arising from a contract between them regarding a well-known socio-corporate partnership in the Brazilian banking market.
The case involved a sensitive discussion on the liability for a debt of over R$ 3 billion.
Fuel industry
We have represented the three largest fuel distributors in Brazil in numerous on-going administrative and judicial proceedings.
The cases involve both regulatory issues and litigation with the Public Administration, as well as private law controversies - and the requests are being processed in several Judicial and Administrative Courts across the country.
Property Succession Law
We advise individuals and companies on inheritance disputes, especially those involving transnational and property issues.
In this context, we represented an heir to one of the most prominent families in Sao Paulo in a dispute over the succession of a well-known hotel. The case involved dozens of lawsuits, in Brazil and abroad.
Our team also worked on the succession case of a businessman who was a pioneer in the petrochemical industry in Brazil. The inventory included several heirs vying for control of the family’s multimillion-dollar business.
Interaction between Judiciary and arbitration in agribusiness cases
In one of our many cases, we represented the interests of the largest ethanol producer in the Midwest region of Brazil in litigation involving three different processes, all resulting from the same arbitration award.
The issues discussed included the interaction between arbitration and the courts, especially controversies related to the application of the arbitration clause to those who had not signed it, and the possibility of court review for the arbitrators' decisions.
International Parental Child Abduction
The LUC Advogados team has long-standing experience in issues surrounding the international abduction of children, especially in the context of the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction in Brazil.
Recently, our lawyers have represented several Brazilian and foreign citizens demanding the return of their minor children to their original countries of residence.
Our successes – which includes cases before the Supreme Federal Court and the Superior Court of Justice - led to the recognition of our team as experts in this area.
Rural properties and international investment in Brazil
We represent several subsidiary companies from a Brazilian corporate group that invests in energy and logistics.
We have worked on numerous administrative procedures issued by the Brazilian National Institute for Colonization and Agrarian Reform (INCRA), which challenged the validity of the acquisition of rural lands by our client.
Our office's role in these cases is to ensure that the correct interpretation of the legal and constitutional provisions that regulate the acquisition of rural land by foreigners in Brazil prevails.
Family law
Our experience with family law focuses mainly on property disputes.
We represent spouses and partners in divorces, legal actions discussing the validity of wills and donations, estate inventories, recognition of civil unions and property division, alimony, along with other issues whose consequences have the potential to result in patrimonial gains or losses to our clients.
We also have established experience with custody demands, especially those involving the execution of international legal decisions in Brazil and conflicts of jurisdiction with other countries.
Mergers and Acquisitions in the Courts
We advised one of the most important companies in the Eucalyptus pulp (cellulose) market, which is also the largest paper producer in Latin America. Legal action was filed intending to prevent a corporate reorganization that would result in our client’s merger with another large company in the sector. The merger involved R$ 29 billion and 17% of the global pulp/cellulose market
Our argument before the Federal Court of Bahia was successful, and we were able to prevent the granting of a preliminary injunction that would have prohibited the conclusion of the merger. The merger was completed as planned, and with the endorsement of the Federal Court of Bahia.
Environmental disputes
We represented one of the largest fuel distributors in Brazil in a lawsuit filed to annul the administrative penalty imposed by the environmental authority due to a diesel oil spill caused by a railway accident.
The final judgment of the case, which took place in the Superior Court of Justice, established an important precedent to guide the courts across Brazil: in cases of environmental accidents, only the companies and/or people who have directly caused the damage to the environment can be held responsible for the respective administrative penalties.
Judicial cooperation in business matters
In Brazil, we advised two US-based entities in filing a multi-million-dollar collective action in that country against a major Brazilian mining company.
Our objective was to make possible the enforcement in Brazil of more than a dozen letters rogatory for the production and collection of evidence to be used in related litigation in the US courts.
Working in partnership with the American law firm responsible for the lawsuit in the USA contributed to a fruitful and mutually beneficial result: the Superior Court of Justice authorized the execution of all requests in Brazil.
Third-Party Litigation Funding
We work with third-party funding both alongside the
funder and assisting the funded party in the search for
the investment necessary to enable its access to
justice.
In addition to the analysis of the legal and property
feasibility for the case to receive funding, we also act in
the direct representation of the lawsuit in the judicial or
arbitral sphere, as well as on both fronts jointly.
