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EXPERIENCE
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​​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.

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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.

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Federal Supreme Court

We represented the most prominent association of professional football clubs in Brazil before the Federal Supreme Court in a direct-action alleging unconstitutionality filed by a Brazilian political party.

 

The case involved the possibility of state intervention in private sports associations.

We also represented an entity that acts for the main fuel distributors in the country before the Supreme Court. In this case, we worked on matters of tax evasion in the fuel sector.

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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.

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.

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FIFA World Cup 2014 Arenas

We represented one of the largest contractors in Brazil in arbitration regarding construction of an arena for the FIFA World Cup 2014, which took place in Brazil.

 

The dispute involved the responsibility for covering additional and extraordinary costs incurred by some sub-contractors on the arena project, in addition to the consequences of a fatal accident that occurred during the construction.

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Arbitration in the energy sector

We represented one of the largest energy suppliers in Brazil – with operations in the North and Northeast regions of the country - in two arbitration proceedings related to four wind farms.

 

The case involved a request for indemnity payments to our client for damages caused by the delay in the construction and installation of transmission lines in a wind power complex comprising fourteen plants.

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.

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Regulation of transportation

LUC Advogados advised a Brazilian startup that created a new service capable of revolutionizing the Brazilian private collective transportation market, connecting chartered bus companies and passengers through a digital platform.

 

Our experienced team defended the company in several actions across the country, which were filed by companies holding state concessions for public transportation lines. The plaintiff companies, fearful of the possibility of losing relevant market share due to technological innovation, intended to prevent the operation of the new online platform.

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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.

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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.

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Public sector ethics and regulation

LUC Advogados represented a former Brazilian Minister of Justice in several administrative proceedings before the Public Ethics Committee of the Presidency of the Republic.

 

The lawsuits were filed by professors of law linked to left-wing parties; they intended call into question various measures and decisions made by the former Minister, during his tenure and after his resignation.

Tobacco industry

We represent an industry alliance of large tobacco companies before the Federal Court of São Paulo, in a lawsuit filed by the Brazilian Federal Public Prosecution Service, whose objective was to ban the sales of certain tobacco products.

 

This litigation can have an important impact on the activities of the entire tobacco industry; thus, our legal team joined forces with other major law firms in Brazil to collaborate on this issue.

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Arbitration in competition matters

We represented a Brazilian company that proposed to start a new stock exchange in Brazil, to compete against B3.

 

The case involved an arbitration proceeding which opened discussion as to whether barriers to entry exist for new competitors looking to enter the Brazilian stock exchange sector.

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.

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