Carvalho, Machado e Timm Advogados has a team of professionals trained to act in several practice areas within corporate law. Our partners and associates combine work experience in large national and international law firms with the tailored care of specialized boutiques, providing our clients with services that unite the best of both. Agility, experience in large projects, expertise in various business sectors and, most importantly, results, mark our work.
CMT guides its practice in a comprehensive vision of the activities of its clients, allowing our team to understand client operations fully. Our attorneys are specialists in risk assessment, contingencies, and cost-benefit analysis, as advisors and litigators. Our practice areas cover preventive law techniques as well as dispute resolution, and our professionals are recognized for their focus on solving our client’s problems inan efficient, ethical and technical manner.
We have experienced lawyers in Administrative Law, especially in matters related to Regulation and Infrastructure, in addition to a group of support professionals, who guarantee the monitoring of the actions of federal, state and municipal administrations, in all aspects that concern the interest of clients. Our team monitors the decisions of regulatory agencies and institutions and advises on issues such as bidding processes, Public-Private Partnerships (PPPs), other concessions and permissions by the Government, arbitration in the public sector and the functioning of the various government authorities. We focus our actions in order to allow a certain flexibility in the face of possible uncertainties involving public entities, including the Audit Court. Thus, our firm offers proven successful experience in dealing with these issues, in addition to bringing a comprehensive overview of business law that does not limit the work to just a few areas of law, providing a systemic and comprehensive view of the company’s environment, with effective participation of the partners involved.
We have an extensive experience in legal issues related to agricultural business. For our various clients operating in the sector, especially in the industrialization of agricultural equipment and machinery, commodity trading companies and financial services for rural producers, we offer legal solutions in financing transactions for agricultural dealers, export of animal protein products, agricultural contracts, corporate and agricultural product disputes, agricultural litigation, expropriations due diligence and auditing; land regularization; rural credit titles; advisory in the creation of rural holdings, licensing and grants, and advisory in the entire market of national and foreign transactions, in projects of different and complementary sectors of the economy, whether in urban or rural activities, among other specific agribusiness demands.
We have experienced professionals to advise companies in their relationships with competitors, the Administrative Council for Economic Defense (CADE) and other authorities. Our antitrust area advises companies and executives in administrative and judicial procedures regarding infractions to the economic order, in the preparation of representations to the authorities, as well as providing advice and representation in the negotiation of lenience agreements, lenience plus and consent decrees, as well as in the filing and defense of suits regarding acts of economic concentration.
We have consolidated experience in the strategic follow-up of debt renegotiation, which also covers the situations of companies in the process of judicial reorganization and bankruptcy, both of the debtor and the creditor. We have professionals capable of acting in all phases of these procedures, which includes the judicial administrator process. Seeking the best possible results, negotiating collaboratively, and always understanding the best ways to reconcile legal issues with the economic analysis tools of Law.
CMT’s Contracts area works in the elaboration, negotiation and review of complex business contracts, whether national or international, assisting from the structuring of the business model to the essential daily demands for the company’s operation, as well as in risk assessment and management.
Our professionals stand out for their interest in knowing the activities performed by our clients and for combining different expertise (engineering, business administration, economics) to guide legal recommendations, proposing appropriate business and practical solutions.
Our professionals have specific knowledge in different types of contracts, including supply, commercial distribution, agency, franchising, various services and contracting, as well as in the combination of different models for structuring projects of greater complexity, such as the construction and expansion of industrial plants (EPC/EPS), auxiliary structures (warehouses and deposits) and logistics area, covering road operations and port terminals. Our professionals also have extensive experience in the technology area, covering the structuring of contract networks, with expertise in life sciences projects and complex digital platforms.
Together with technical expertise, the area is prepared to support its clients in the legal management of projects and the contract routine, through the feeding of control systems, data collection, monitoring of productivity and efficiency, recurrence, among others.
Our compliance area, with more than 10 years of operation, has a qualified, multidisciplinary, experienced and efficient team. Activities include implementation of compliance programs, risk mapping, elaboration of internal policies and procedures, corporate fraud investigations, crisis management and contract reviews, among others. The multidisciplinary team also deals with the following compliance areas: Anticorruption, Antitrust, Labor, Environmental, and Financial.
Acting in constitutional claims is becoming increasingly relevant in the national legal context, whether through the filing of Constitutional Actions, promotion of actions to control constitutionality, as well as through the action of amicus curiae. Besides public agents, actions involving private agents have become daily in the national legal practice, especially the defense of fundamental rights and guarantees, as well as lawsuits involving legislative process and actions before parliamentary investigation commissions – CPI’s. The firm also has a legal staff specialized in meeting electoral and political demands, with lawyers who have vast experience in national and state campaigns, as well as in dealing with political cases, such as administrative improbity actions.
We are qualified and experienced to advise companies in their relations with consumers and authorities related to the field – Public Prosecutors’ Office, National Consumer Secretariat (Senacon) and the Judiciary Branch. Along these lines, our consumer law service area advises companies on recall procedures, consulting and defense in administrative proceedings – Senacon/Procons -, and legal proceedings that range from simple to more complex issues. Besides a broad experience in issues involving conflicts, CMT’s team acts strongly in the advisory area, through legal guidance focused on analysis, good practices and compliance programs, always seeking a balance between the application of the rule and the improvement of the business environment.
We are recognized for the attention to our clients’ objectives, delivering legal solutions adherent to the reality of each project through a multidisciplinary team that, in addition to legal expertise, stands out for its business vision and knowledge in related areas, such as accounting, economics, finance and business administration. Besides the experience in national and international M&A transactions in various sectors, we manage corporate routines of companies of all sizes and have experience with investment funds and capital markets, representing from exclusive funds to real state brokers.
With the advent of the General Data Protection Law (LGPD), the issue, which was already strategic, has become even more relevant and challenging. Compliance with the LGPD and the Data Protection procedures are already a reality in business and in everyday life. If previously the concern involved only regulatory issues and before authorities, today, maturity in Data Protection is a differential in competition processes and the like. To deal with this complex theme, we have a team with wide experience and knowledge on the subject, capable of adding value to businesses by adjusting organizations to legal, regulatory and market requirements. We provide legal assistance in Data Protection issues involving local, national and international businesses.
We are recognized for our quality service in dispute resolution, including the negotiation phases that precede litigation. Our team, with a solid academic and professional background, has been acting in complex and strategic cases, focusing on the client’s business, which we seek to know in the same way we know the legal issues involved. By studying in detail the activities of our clients and the impact of each case on their operations, through an interdisciplinary approach to the problems, we offer customized solutions in disputes that involve a variety of practice areas and different types of contracts.
Criminal law practice involves especially crimes committed by public managers, bidding crimes, crimes against the public administration, money laundering, crimes against the capital market, and environmental crimes. The team has vast experience in the defense of public and private agents, linking criminal law to the other expertise of the firm, allowing a broader and more effective view of the demand. We have the possibility of acting before internal investigations for legal entities, in order to investigate the commission of illicit acts in the corporate scope; in defensive criminal investigation, preparing the defense in a preventive manner in order to avoid the prosecution of accusations.
We have a team of lawyers specialized in the areas of electric power, gas, biogas and sustainable energy, which seeks to associate to the activities fundamental elements such as sustainability, ESG and business vision. The lawyers have a combination of multidisciplinary academic background and professional experience in these segments. Therefore, our team is able to provide legal assistance in project development, drafting, negotiation and risk analysis of operational and specific contracts of this segment, auditing and negotiation of contracts for acquisition and sale of companies and/or projects, in environmental licensing, project financing operations, and in the regulatory part necessary for the activities. Acts in synergy with the other specialized areas of the firm.
CMT offers complete advice on Brazilian environmental legislation, including consultancy for actions related to environmental licensing, guidance on the implementation of waste and effluent control and disposal systems, reverse logistics processes, as well as the preparation of technical and legal reports with a view to interpreting and adapting to environmental legislation and requirements of environmental control authorities from the perspective of environmental compliance, performing analysis and guidance for the correct adaptation of the company to legislation, regulations and environmental policies, also providing advice aimed at reducing the risk of liability for socio-environmental damage.
Together with technical expertise, CMT applies modern ESG knowledge to provide its clients with comprehensive assessments that encompass national and international certification requirements as well as maintaining relationships with the communities in which their clients operate.
With extensive experience in consulting and environmental administrative and judicial litigation, we provide support in the preparation of defenses, negotiations, plea deals, mediation of environmental conflicts and follow-up of civil and criminal investigations with the District Attorney’s Office and environmental agencies.
The Firm has been working successfully in agrobusiness, logistics, mining, energy, waste projects, in addition to helping other areas in the structuring of operations that involve, among others, environmental considerations for the viability of the business, participating from the auditing phases and survey of risks to the definition of conditions precedent and liability control mechanisms.
With a vocation for understanding the people behind the disputes, we offer strategic solutions that can meet the interests of the family and everyone involved, without neglecting the special attention to the family estate, both for its preservation and transfer to the next generations. Our preventive practice involves the elaboration of prenuptial agreements, domestic partnerships and courtship agreements, precautionary measures for asset preservation, and especially succession planning, including the construction of more complex legal structures that involve the constitution of companies, trusts, bank funds, contracts, and cohabitation, among other instruments that may be necessary. In the litigation area, we act in divorce suits, recognition or dissolution of domestic partnerships, inventories, division of assets, alimony suits, and provisional measures. The differentials of this area are in joint with the corporate and tax areas, in which the firm has vast experience, and in the work of a team of professionals that combines the practical experience of the law practice with the theoretical knowledge of the academic area.
Our expertise in Health Law encompasses regulation applicable to hospitals, clinics, and laboratories, as well as ethics and the correct medical documentation according to regulation. Furthermore, it involves multidisciplinary aspects of the legal approach to medical law (sanitation law), paramount to a preventive and proactive operation.
From a preventive perspective, we play a crucial role in ensuring the propriety of various medical documents, analyzing processes and service protocols, elaborating contracts, managing litigation, and mitigating risks.
We also operate in supplementary health care, from regulation issues to internal procedures for the adaptation to legislation, as well as legal action for health care plan and insurance companies.
It is part of our routine to deal with transnational business that requires an understanding of different laws, cultures and languages. To this end, we have a team of lawyers with unique knowledge, with Masters and PhD degrees in International Law, qualified to practice in Brazil and Portugal. Our lawyers are experienced in providing legal advice related to foreign direct investment in Brazil, as well as in assisting Brazilian companies interested in establishing and expanding operations abroad through their own units or production outflow channels. Our transdisciplinary knowledge also allows us to act in cases connected to foreign jurisdictions, involving areas such as Dispute Resolution (Arbitration and Mediation), Labor Law, Family Law, Digital Law and Legal Consulting (preparation of studies and legal opinions).
Our team has a practical and creative approach to assist companies in individual and collective labor claims.
We are efficient in assessing and minimizing risks, acting proactively to reduce liabilities. We strive to offer original solutions to our clients, using a multidisciplinary approach to resolve the most diverse claims.
We understand that our clients’ businesses are complex and that an integrative approach is required to produce the best possible results. Our team works closely with lawyers from all other areas of CMT, as well as with different specialists as needed, to ensure solutions that will not only solve the problem in labor bias, but will be the best option for the Client and its business, through an interdisciplinary vision.
We have acted in a total of more than 4000 lawsuits, with clients from the most diverse sectors of economy, such as agribusiness, chemical, pharmaceutical, metallurgical, civil construction, plastic materials, parts, technology and information technology, parking management, banking, cellulose, retail, industry, automotive, among others.
CMT’s real estate area is prepared to assist our clients in the most diverse operations, being composed by professionals qualified in rural and urban issues and in the combination of different expertise for risk assessment and business structuring, with robust consulting and preventive performance. Among the work developed by the team are contracts for agricultural exploration, acquisition of rural areas and biological assets, acquisition of rural property by foreigners, regularization of properties and respective registrations before the Public Authorities, follow-up and performance before real estate registries, subdivision contracts, incorporation and construction of buildings, sales contracts for the final consumer, with or without collateral or financing, structuring of partnership and consortium for real estate projects, preparation of construction contracts at cost price or by closed price, lending, leasing of commercial and industrial areas, such as parking lots and shopping centers, or under a “built to suit” regime, participation in consortium operations, establishment of guarantees and advisory in the extrajudicial execution of mortgage guarantee or fiduciary liens, among others, in addition to assisting our dispute resolution area in conflicts involving real estate issues and neighborhood rights, as well as our M&A and Investment Funds areas, whenever the operations involve real estate assets.
We combine our skills in different areas of Law, such as Administrative and Regulatory Law, Commercial Contracts, Corporate Law and Dispute Resolution, with our knowledge and skills in related areas, such as economics, finance and project management, to develop a unique and strategic performance in the Sanitation area, in line with ESG and corporate social responsibility best practices.
With practical knowledge of the workings of governmental authorities – such as the Public Prosecutor’s Office and Audit Courts – in all their spheres, we focus on resolutivity, acting from the structuring and monitoring of projects in the area, participating in negotiations between the different public and private entities involved, including regulatory agencies, assisting in the review, drafting and formalization of contracts, agreements, bids, PPPs and all other necessary acts.
We have structured a team with deep knowledge in Social Security Law to meet the demand of one of the fastest growing legal areas in Brazil, whose possibility of economic impacts on companies is increasingly high. Our practice is based on a law practice that reduces to a minimum any possible risks and costs for our clients, through preventive guidance, review of protocols, and structuring of the areas involved with the theme. We offer legal solutions such as contributory pension diagnosis, evaluation of disability leave, legal defense in regressive actions, analysis of granted processes, and analysis of ongoing or denied processes, among others.
The firm acts in sports law, providing legal advice to football clubs, through the drafting of contracts, arbitration procedures, corporate structuring, tax planning, financial operations and other demands involving clubs. We work with athletes and the technical committee in the drafting of contracts and defense before labor, administrative and arbitration authorities. Given the current development in the national sports chain, we are able to assist investors in the process of structuring investment in national clubs.
With experience in all legal areas of business practice and a multidisciplinary team, we provide startups and their partners complete solutions that are attentive to the reality and stage of development of each business. We advise our clients in all stages of their business, supporting and contributing with our experience in the conception of new businesses and development of minimum viable products (MVPs), structuring corporate governance mechanisms, such as shareholders’ agreements, and long-term incentives, such as stock options plans or vesting agreements, advising on fundraising from pre-seed rounds to public offerings (IPO), and assisting partners and investors in disinvestment processes.
CMT solves complex problems with agility, business knowledge and legal quality. We understand that successful companies are those that anticipate, generate and develop their activities with flexibility and speed, giving focus and direction to their strategic actions.
Our team is multidisciplinary and works to understand the business and the objectives of our clients before proposing any solution. We have professionals who have the ability to strategically meet the demands of our clients, trained in the art of converging the various areas of law to ensure that strategic objectives are achieved.
We assist in the integration of the strategic intention of our clients in the most varied business areas with the necessary legal certainty so that the derived objectives and goals cannot be invalidated.
CMT’s Tax and Customs Department is directly managed by one of the Founding Partners, Cristiano Carvalho, who has more than 25 years of professional experience in the area, besides being an academic reference with a Full Professorship from USP (University of São Paulo) and a Post-Doctorate degree in Law and Economics from the University of California (Berkeley).
With an interdisciplinary background (legal, accounting, economic and tax management), the Tax Department adds value to the client’s business through planning that saves taxes in a safe and legal fashion, as well as business structuring based on tax optimization and strategic work in litigation before tax and customs authorities. CMT’s work is guided by transparency and a relationship of trust to act in our clients’ complex tax issues, adding multidisciplinary knowledge always directly connected to the business, determined to provide all the tax subsidies involved in the solution of the problems and in the decision making of each complexity imposed.
Our practice covers all spheres of Tax and Customs Law, including:
Administrative and Judicial Litigation: Performance that can be subdivided into:
Tax Actions in General, including any and all tax discussions in Judicial and Administrative Courts;
Strategic Solutions for Tax Liabilities, including the Conduct of Mediations and Tax Transactions before the Tax Attorneys.
Tax Consulting: Performance that can be subdivided into Tax and Customs Consulting in general, which covers any and all tax related consulting, preparation of Legal Opinions and Legal Opinions;
Taxation of New Businesses and Technologies, which comprises the participation in the structuring of businesses and tax models;
Taxation of M&A’s and Corporate Planning / Succession Planning, including performance in corporate transactions (mergers and acquisitions), audits (due diligences), as well as family and business succession planning.
CMT Lawyers occupies a prominent and leading position in the area of business law, with a growing presence and distinction in the main business centers of the country, recognized by the main national and international publications of law firm rankings, such as Chambers & Partners, Legal 500 and Análise Advocacia and Chambers & Partners as one of the best law firms in the south of the country in business law.
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