GFDL Advogados

Our lawyers are experienced in a broad range of corporate law and commercial  law matters. We combine strong industry knowledge with a hands-on, on-the-ground, approach to projects and our team regularly assists businesses and corporations regarding transactions while also providing ongoing advisory services.

Our team regularly works with multinational corporations entering the European Union market through newly formed subsidiaries or expanding their presence through joint ventures, acquisitions or expanded sales and distribution channels. We provide practical, creative, and cost-effective advice for multinational companies doing business in Portugal, the European Union and beyond.

Our team provides comprehensive tax and estate planning services to allow efficient allocation of corporate benefits to shareholders and directors in every stage of life.

We have a broad and deep international business and corporate experience. We have assisted clients doing business in the global marketplace, regularly traveling to Europe, the Americas, Asia and the Middle East to implement the best solutions.

Each team member respects the complexities and cultural sensitivities of cross-border business operations, working with foreign attorneys, accountants, and advisors to ensure proper coordination to meet the client’s goals.

We advise on the business survival and turnaround through a multi-disciplinary approach that involves tax, corporate, real estate and dispute resolution expertise. We also advise management teams in MBOs.

How we can help

• Company formation
• Acquisition and disposal of Portuguese companies
• Restructurings
• M&A transactions
• Commercial transactions
• Incoterms
• Niche sectors and projects
• Contracts and suretyship
• Family businesses & succession planning
• General counsel
• Share incentive plans and long term incentive plans
• Joint-Ventures and JV litigation
• SAFE investments

Corporate Housekeeping

As an autonomous entity, a corporation’s existence is contingent on the timely fulfillment of several formalities.

GFDL provides the necessary services for companies to comply with all government requirements. This includes corporate or contract examination, drafting and management, compliance surveys and due diligence.

Private Equity and Venture Capital

Our team advises on acquisitions and dispositions of portfolio companies. As experienced counsel covering the full life cycle of investment, we can conduct legal due diligence, negotiate the terms of a deal, advise on tax issues and draft all agreements.

We have assisted clients in raising capital from private investors and venture capital investors, as well as negotiating and reviewing commercial loans from traditional banking institutions. Our work includes blockchain and cryptocurrency projects and distressed acquisitions.

We offer day-to-day counsel services to portfolio companies, by assisting with contracts, labor, risk mitigation, tax, and other common legal issues.

How we can help

• Exit strategies
• Buy outs
• Investment Vehicles & Funds
• Collective Investment Structures
• Capital raises
• Simple Agreements for Future Equity
• Seed Capital / Venture Capital
• Advisory for Founders

We offer a full range of services for our clients regarding intellectual property. Our team has assisted individuals regarding authors’ rights , image rights, and companies regarding patents and trademarks.

We take pride in providing streamlined and elegant structuring advice regarding franchising, licensing, agency and distribution agreements, and assist with further renegotiation, enforcement and reputation management.

Our experience in IP rights is often combined with our know-how on Corporate, Tax and Labor Law, specially when crafting comprehensive solutions to protect trade secrets, which includes internal policies, control mechanisms, governance and training.

How we can help

• Trade secrets
• Authors’ rights
• Patents
• Brands
• Franchising and Licensing Agreements
• Review of internal policies
• Filings

Our team provides clients with a full range of carefully crafted Immigration and Citizenship legal services. Our practice includes representation of expats, employees, investors, entrepreneurs, employers and institutions worldwide, in a broad spectrum of global immigration matters.

Our clients are assisted by lawyers and paralegals with extensive and diverse experience with global visa work in several jurisdictions. Our focus is making our client’s relocation process as stress-free as possible and respecting cultural nuances.

Relocation requires knowledge in a broad spectrum of disciplines. Due to the diverse nature of our clients, immigration related work usually requires input from other teams advising on investment and corporate structuring, commercial contracts, business model optimization, family law and tax.

Our global immigration network and our frequent interaction with decision makers are key to obtaining swift results.

How we can help

• Portuguese Citizenship and Naturalization.
• Immigration services in several jurisdictions.
• Portuguese citizenship – Sephardic Ancestry.
• Business Immigration.
• Portuguese Golden Visa.
• Global Talent Advisory for Global Companies.
• Second Passport.

Labour and Employment Law is perceived as a natural arena for conflicting interests. GFDL provides solutions for corporate clients and private clients alike.

Our lawyers have wide-ranging knowledge in all areas of contentious and non-contentious employment matters. We routinely handle a wide variety of litigation matters involving employment, employee benefits, and shareholder or management issues. We also advise corporate clients before a dispute becomes the subject of actual litigation.

Our lawyers are well-informed of negotiation dynamics and mediation procedures.

In sectors where information is key, our team advises on employee noncompetition and no solicitation agreements, and on espionage and theft of trade secrets by employees.

This practice is supported by other practice areas, across multiple sectors and jurisdictions. GFDL advises on the cross-border implications of secondment of employees to and from Portugal from an employment, immigration and tax standpoints.

How we can help

• Drafting and negotiating employment agreements
• Corporate Governance & Executive remuneration
• Disputes, Disciplinary Procedures and Dismissals
• Employment aspects of M&A transactions and restructurings
• Pension arrangements and employee stock ownership plans (ESOP)
• GDPR issues and Data Privacy
• International secondments
• Acqui-hiring transactions

We provide legal advice to structure real estate transactions in Portugal and other Portuguese speaking jurisdictions. We are experienced in creating bespoke solutions for domestic and international investors. Also, our team has a high level of expertise to assist you on any matters related to the evaluation of properties and deal structures.

Our clients invest into real estate as a core asset or as an alternative investment strategy. In any case, real estate is a preferred option for investors seeking steady income.

Our team provides guidance on portfolio acquisitions, M&A and share deals, restructurings, acquisitions, leases and divestment deals.

In addition to handling routine issues in real estate matters, we provide guided assistance through all phases of complex transactions or projects, including financing, taxation, regulations, profitability and liability protection.

We conduct all the necessary due diligence work and design governance rules for property development projects in joint venture scenarios, advising on risk and reward splitting agreements between investors of several countries.

We are experienced in creating bespoke solutions for international investors that want to invest in Portuguese real estate.

Construction

GFDL’s accumulated expertise in construction and real estate projects comes from our client base that includes construction companies, property developers, promoters, banks and private clients.

Our client’s activities are usually spread into different project configurations – from housing to offices, commercial and business centers to sports infrastructures.

We pride ourselves for being able to work with a multitude of different real estate and construction professionals, serving as liaison and supervisor between all the different players engaged in the development of a specific project.

This privileged work approach facilitates workflow between client, contractor, architect, civil engineers, licensing authorities, and state regulators.

The firm also has a strong litigation practice, aiding clients in relation with the issues that may arise during and after the execution of the project.

If you are interested in:

• Real estate transactions
• Due diligence
• Commercial property
• Housing
• Construction
• Private Clients
• Real Estate funds

At GFDL Advogados we find that litigation matters require careful attention, experience, and expertise.

Our litigation practice works hand in hand with other practices, because our goal is to provide advice that strategically aligns litigation and business objectives.

We have advised on disputes involving distinct industries and various areas of the law. Our team protects and enforces the interests of both private and corporate clients.

Our lawyers have represented clients in court, mediation, arbitration, and settlement, at all stages of a dispute. Our team represents clients in varied types of disputes, namely general commercial disputes, domestic and cross-border deal litigation, corporate governance disputes, family & probate disputes, regulatory defense, employment controversies, bankruptcy defense, settlements, appeals, and arbitration.

Our team advises on how to mitigate and manage risk both in circumstances where an investigation has begun or claim has been filed or, in circumstances where clients are at risk of being challenged and negotiation is needed.

We represent domestic and foreign clients regarding local matters and advise on multi-jurisdictional disputes. We regularly advise foreign clients regarding court proceedings in Portugal and advise local clients on the intricacies of filing claims abroad.

See our dedicated page regarding Debt Recovery.

See our dedicated page regarding Asset Tracing and Recovery.

See our dedicated page regarding Real Estate & Construction disputes.

How we can help

• Commercial contracts disputes
• Shareholders and Stakeholders disputes
• Shareholder activism
• Licensing disputes
• Cross border litigation
• Jurisdiction disputes
• Recognition and enforcement of foreign judgments
• Filing claims in Portugal
• Debt recovery
• Labour & Employment Law disputes
• Damages and restitutions

Real Estate and Construction disputes

Our team of experienced attorneys has a proven track record of successfully representing clients in all types of construction and refurbishment disputes.

Overall, Portuguese construction law is a complex and constantly evolving area of law that requires a deep understanding of the legal framework and knowledge of the technical aspects of construction projects. 

The Portuguese legal framework governing construction is the result of several overlapping and dispersed provisions that address contractual aspects (including special law for public tenders), building regulations, environmental law, and tax regulations.

An empreitada, or construction contract, is a common type of agreement used in the construction industry in Portugal. Litigation related to an empreitada can arise when one or more parties involved in the contract fail to fulfil their obligations or when disputes arise about interpreting or implementing the contract terms.

Proper dispute resolution mechanisms and contractual penalties for non-compliance should be included in construction contracts. However, many contracts must be better drafted and account for most eventualities.

There are a variety of issues that may arise in connection with refurbishing or building a property in Portugal. These can include issues related to project delays, cost overruns, defects in workmanship, disputes over change orders, disputes over payments, and many others. On the other hand, licensing issues may come into play if proper filings are not made.

Our Litigation and Real Estate teams has assisted owners, developers, contractors, consultants, and financiers in resolving complex construction disputes, including those related to the construction of buildings, industrial facilities, and healthcare projects.

In stressful situations, we understand the importance of effective communication and advisory throughout the dispute resolution process.

High profile cases

In cases where our clients hold prominent positions in the personal, public, and/or professional spheres, the approach to litigation must be tailored to address the substantial impact that prolonged disputes can have on their lives and reputations. In these cases, litigation strategy must pursue and advance a client’s legal and public relations or business interests. We advise clients on the legal ramifications of each course of conduct.

Our commitment in such situations is twofold: we craft decisive and strategic action plans to fortify our client’s position and expeditiously bring disputes to a close before reputational damage occurs. A comprehensive understanding of litigious and non-litigious aspects of the law allows us to provide sound counselling on reputation preservation.

Whenever feasible, Alternative Dispute Resolution (ADR) is a cornerstone of our approach: we guide our clients towards achieving resolution without resorting to formal court proceedings. This approach not only saves valuable time and resources but also safeguards the confidentiality of the dispute. We explore a range of ADR methods, including informal negotiations, mediation, and arbitration, each selected based on their unique advantages and relevance to the case’s specific circumstances. Frequently, a multi-pronged strategy is required where complex litigious disputes are present.

Our team can easily transition to high-stakes litigation if an alternative dispute resolution method proves ineffective or insufficient. Our team includes accomplished litigators with extensive experience representing clients across all levels of the judiciary.

FinTech & Blockchain

The digital revolution, combined with shifting customer preferences, improves, disrupts and redefines the traditional role of financial services providers. Both new and old participants in this sector must choose between adopting or developing disrupting technologies or losing business to technologically savvy competitors.

GFDL advises on both sides of the spectrum, smoothing the transition between traditional and disruptive industries. We assist traditional businesses in facing and adapting to new ways and methods of doing business and guide FinTech and disruptive enterprises through old world regulation.

Our firm’s long-term strategic focus has been on industries that are being disrupted by technology. We have developed the expertise to ensure our clients a clear competitive edge.

We advise new and established players and institutions in designing, developing or investing into new technologies and strategies, regardless of the size of the investment target.

FinTech projects are supported by cross-disciplinary teams composed by experts in corporate and securities, tax, regulation and intellectual property. This approach enables our clients to thread safely while engaging in strategic transactions, complying with regulation and tackle litigations issues that may arise.

GFDL advises both sides of the spectrum, smoothing the transition between traditional and disruptive industries.

The FinTech team advised on peer-to-peer lending, e-commerce and online transactions, encryption solutions, Initial Coin Offerings (ICOs), OTC entities, pure blockchain projects, cryptocurrency gambling and P2P lending, intellectual property and payment service and e-money institutions.

We understand the technologies that are fundamental to our client’s business models. This is crucial to being part of dedicated cross-disciplinary teams responsible for managing the legal and regulatory impact of cryptocurrencies, apps and software under development.

To know more about our Initial Coin Offering (ICO) advisory practice, click here.

Online businesses

We conduct complex cross-media work and advise on all aspects of intellectual property, e-commerce, tax, commercial contracts and all matters relevant for inventive, technology based and brand aware businesses.

The firm provides clients with deep legal knowledge of the ever-changing demands of online businesses and assists with strategic commercial issues, across several industries.

Our team has assisted in both the structuring of online businesses from scratch and also advised brick-and-mortar retail businesses in setting up online business in a tax efficient manner.

Media, Sport and Performing Arts – MSPA

Our deep industry knowledge in Media, Sports and Performing Arts (“MSPA”) allows us to provide creative, solution-oriented answers.

Our lawyers have worked hand in hand with filmmakers, studios, producers, talent agencies, digital media agencies, financiers, advertisers and sponsors, brand owners, licensees and licensors, sportsmen and sportswomen, clubs and franchises, entertainers and actors and actresses. Thus, we understand the way the media, sport and entertainment sectors work from top to bottom.

eSports projects, at the intersection of media and sports, are also allocated to our MSPA team.

MSPA projects are assisted by the firm’s first-class practices in intellectual property, data protection, technology, tax, dispute resolution, corporate and other key disciplines.

Our litigation team also helps authors, artists and athletes handle all intellectual property and image rights related issues. We are capable of advising on all aspects related to film production in Portugal.

For more information these topics, including tax incentives and grants for film production in Portugal, please contact us.

Debt recovery services

GFDL Advogados regularly assists foreign and domestic companies regarding asset or debt recovery or collection in Portugal.

We have extensive experience in representing foreign clients in relation to business disputes in several sectors. We also assist with undisputed and unpaid debts.

We advise clients on their exposures to distressed companies, debt recovery, and cross-border insolvency procedures. Our team provides a strategic approach to debt collection, particularly where other interests are at stake.

If it is in the client’s best interest, we endeavor to settle cases out of court. Our team is experienced in negotiating settlements in every stage of the process.

We are also acquainted with using multiple pre-litigation and litigation strategies and dispute resolution models. We act on our client’s behalf and assist them during every procedural stage of court proceedings where litigation cannot be avoided.

We advise on the use of precautionary and interim measures to ensure our client’s rights are preserved. Our business-oriented practice provides pragmatic advice so that each client can make an informed commercial decision on the best legal action to take.

Our team has a comprehensive knowledge of the discrepancies between local and foreign debt collection systems.

Fraud-related litigation and asset recovery

Fraud, scams, and financial crimes often have a devastating impact on individuals, businesses, and organizations.

Our team is equipped with extensive knowledge of financial investigations, forensic accounting, and legal strategies. We have a proven track record of successfully tracing and recovering assets across various fraud cases, including business email compromise, investment scams, money laundering, and more.

Portuguese law provides fraud victims with both criminal and civil remedies. Victims can seek recovery and damages through civil courts, though asset tracing and specific evidence gathering for fraud cases are not generally available. In criminal proceedings, victims can participate as civil parties, allowing for asset recovery claims and access to extensive investigative powers. Therefore, bringing asset recovery claims within criminal proceedings is often more advantageous, with options like asset seizure and evidence-gathering procedures being unavailable in civil cases.

Asset tracing and recovery often require collaboration and cooperation with multiple stakeholders, including law enforcement agencies, financial institutions, and international counterparts. Our extensive network of contacts and strategic alliances allows us to navigate cross-border complexities and leverage global resources.

We prioritize client confidentiality, ensuring that sensitive information is handled with the utmost care and discretion. Our team operates within the boundaries of legal and regulatory frameworks, ensuring that all actions are conducted ethically and within the confines of the law.

How we can help

• Debt recovery
• Asset tracing
• Asset recovery
• Litigation
• Dispute resolution
• Jurisdiction disputes
• Recognition and enforcement of foreign judgments
• Injunctions
• Precautionary measures
• Interim measures

Tracing and recovering your assets

At GFDL Advogados, we have extensive knowledge and expertise in Litigation, Debt Recovery, Criminal Law and AML and Banking regulations. We understand the complexities of Asset Tracing and Recovery of Funds and Assets that have been stolen or are victims of hacking.

The scale and impact of online scams on corporations, particularly Business Email Compromise (BEC), Email Account Compromise (EAC) and other bank transfer frauds, is increasing. Therefore, prevention is critical, and corporations must be aware of the risks and take steps to implement robust cybersecurity measures and training employees. Nevertheless, fraudsters and hackers often employ sophisticated tactics arising from increasing knowledge and expertise in reconnaissance, social engineering, phishing and malware attacks.

Due to this type of crime’s speed and highly organized nature, acting swiftly and decisively is often the only course of action in recovering lost funds and holding perpetrators accountable. Therefore, it’s key to work with legal experts able to swiftly implement a strategy to recover any funds or assets lost to fraud before they are dissipated.

We act for claimants in corporate fraud and asset tracing claims, obtaining emergency freezing orders and representing our clients in national and international fraud investigations and both criminal and civil suits, for recovery and compensation.

How we can help

• Banking Fraud
• Asset tracing and recovery
• Email Account Compromise
• Cyber-crime, Phishing
• AML
• Frozen and disclosure orders