Business Law

The Business Lawyer possesses a multidisciplinary and balanced legal background, usually accompanied by complementary education and/or experience in business management. Their main task is to offer legal solutions that prevent or reduce current vulnerabilities in business, as well as anticipate and prevent those that might arise in the future. Always thinking prospectively, the role of this particular type of lawyer is also to surround the business with legal instruments that make it more secure and predictable, ensuring, as much as possible, the return on investment.

In practice, the purpose is to spare the Entrepreneur the time and effort required to conform the business operation to the law and reserve their action for implementing and developing the business, which already faces its inherent challenges within the market.

In terms of preparation, the Business Lawyer feels equally comfortable reviewing a contract, drafting a shareholders’ agreement or memorandum of understanding; leading business negotiations or initiating and conducting strategic litigation, including making oral arguments and dealing with judges or arbitrators. However, they are aware that, in the vast majority of cases, there are better solutions outside State or Arbitral Courts that save time and resources. Nevertheless, the focus is always on reducing risks or preserving the rights and interests of the client.

Due to its business interface, the Business Lawyer must also possess the ability to communicate in a simple and straightforward manner with other departments of the company, avoiding any complexity in language. Their role is never to block business initiatives, even if they pose some risk, but to engage in their legal customization, adding legal value to the activity.

However, the main skills that the Business Lawyer has to offer are versatility and creativity, acting as an architect of innovative and functional legal solutions. The business lawyer, in essence, does not act as a substitute for the Entrepreneur in business decisions, who always has the final say, but as their trusted advisor.

They can handle a wide range of legal issues such as corporate governance, contracts, intellectual property, labour legislation, and regulatory compliance. It is important for a company to have a lawyer to guide them in the legal aspects of running a business and help them avoid potential legal problems.

Fusions and Acquisitions

  • Negotiation and preparation of contracts related to the transfer of shareholdings and assets.
  • Para-social agreements and other agreements between partners.
  • Due diligences.
  • Warranty Packages.
  • Incorporation of companies and branches.
  • Creation of joint ventures.
  • Incorporation of Business Consortiums
  • Implementation and development of business investment projects.
  • Assistance to the organization and operation of companies and branches.
  • Legal Counseling in all areas of corporate management.
  • Commercial contracting.
  • Intellectual property.
  • Industrial property.

Corporate Governance and Compliance

  • Review of Corporate Governance Models.
  • Preparation of Corporate Governance Practices (including in the perspective of majority shareholders, minority shareholders or Board of Directors).
  • Review of Corporate Governance Reports.
  • Risk assessment.
  • Review of Procedures and Models.
  • Regulations and Risk Systems.
  • Elaboration of global or sectorial internal regulations.
  • Relations with supervisory entities.
  • Diagnosis of pre-litigation legal and corporate situations.
  • Daily follow-up of Boards of Directors, Fiscal Councils and General Stakeholders Assemblies.

Labour

  • Day-to-day monitoring of human resources structures with a view to implementing best labour practices.
  • Drafting employment contracts and other contractual instruments.
  • Individual dismissals (including follow-up of disciplinary procedures) and collective dismissals.

Restructuring

  • Corporate Restructuring.
  • Collaboration Agreements.
  • Transformations.
  • Fusions.
  • Demergers.
  • Dissolutions of companies.

Insolvency

  • Advising on insolvency plans.
  • Credit claim.
  • Representation in creditors’ meetings.