Over our 60-year history, we have chosen to gradually increase our number of partners and associates to allow an organic growth enabling Motta Fernandes to broaden its practice areas.

The full range of services we offer and the quality of our lawyers, allows Motta Fernandes to provide excellence in legal services, including in cases involving highly complex issues. We organize our work teams to meet our clients’ needs, based on the nature of each case and each lawyer’s individual abilities.

Motta Fernandes represents domestic and foreign clients in a variety of business areas and legal pratices, including corporate, litigation, tax, infrastructure, aviation, construction, energy, real estate, technology, among others.

With offices in São Paulo and Rio de Janeiro, as well as a network of partners throughout Brazil and abroad, Motta Fernandes is capable to provide services for a wide range of transactions and legal needs.

We are also an active partner of TerraLex, an international network of rigorously chosen high quality law firms from more than 100 jurisdictions,  ensuring strong legal expertise no matter how far and wide the client’s business grows.

About Motta Fernandes Lawyers

Founded in 1956

200 people in their team


Practice areas
Family
Elder Law
Business
Real Estate
Bankruptcy & Debt
Insurance
Employment & Labor

Languages spoken
Portuguese
English

Social media

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Practice areas

Family

Family Law and Estate Planning

Assistance in disputes and agreements related to family law and succession, dealing with divorce proceedings and dissolution of a stable union, custody of children and regulation of visits, food fixation and execution, paternity investigation, adoption, interdiction, inventories and as well as claims resulting from family conflicts such as declaratory action for nullity, dissolution of society, accountability, collection, among others. Consultations and legal opinions concerning matters of marriage, stable union, property regime and inheritance. Preparation of prenuptial agreements and stable union, wills and donations. Development of personal succession planning and in companies attending to the interest and preservation of family relations, as well as company and family business.

Adoption
Annulment
Child Abuse
Child Custody
Child Support
Child Visitation
Divorce & Separation
Domestic Violence
Father's Rights
Marriage

Elder Law

Family Law and Estate Planning

Assistance in disputes and agreements related to family law and succession, dealing with divorce proceedings and dissolution of a stable union, custody of children and regulation of visits, food fixation and execution, paternity investigation, adoption, interdiction, inventories and as well as claims resulting from family conflicts such as declaratory action for nullity, dissolution of society, accountability, collection, among others. Consultations and legal opinions concerning matters of marriage, stable union, property regime and inheritance. Preparation of prenuptial agreements and stable union, wills and donations. Development of personal succession planning and in companies attending to the interest and preservation of family relations, as well as company and family business.

Estate Planning
Probate
Trusts
Will & Testament

Business

Mergers and Acquisitions

Assistance in important business transactions and complex operations, including public or private acquisitions, public offerings of acquisitions, joint ventures, divestitures, private equity investments and other strategic businesses, providing legal advisory services to domestic and foreign sellers and buyers. , in the acquisition of shares or assets of publicly traded or private companies in various business segments, including management buyouts; creation and development of corporate governance structures in the pre-sale stage, including definitions of stock option contracts and other incentives for the executive team; development of efficient fiscal and regulatory structures for acquisitions, including the issuance of legal opinion in this regard; conduction of due diligence. Follow-up of operations before regulatory authorities of the capital market (CVM) and of competition defense (CADE) and revision of succession and tax planning related to mergers and acquisitions operations.

Franchising
International
Investment
Legal Document
Licensing
Merger & Acquisition
New Business Formation
Office Solutions
Oil, Gas & Energy
Securities
Tax
Administrative
Aviation
Banking & Finance
Board of Investment (BOI)
Business Registration
Contract
Due Diligence
Employer
Environment

Real Estate

Real Estate

Assistance to Brazilian and foreign clients in real estate transactions in the country, in complex real estate negotiations, in businesses involving the sale and purchase of real estate, constitution of servitude, lease, lease, construction and financing, condominiums, subdivisions, securitizations, restructurings and joint ventures. Modeling, structuring and legal implementation of operations aimed at raising funds to finance residential, commercial or industrial real estate projects, such as demobilization of real estate assets, assignment of real estate receivables portfolios, issuance of debentures, real estate credit certificates (CCI) or real estate receivables (CRI), with or without the provision of guarantees, including the preparation of instruments that give rise to the respective real estate credits, such as lease, sale and purchase agreements or promise to sell and purchase or exchange real estate . Conduct of legal audit in real estate operations. Preparation of legal opinions involving real estate law issues, such as incorporation, allotment, constitution of typical and atypical condominiums and real estate guarantees, including advice on expropriation processes for the purpose of implementing infrastructure projects.

Brokerage
Commercial Real Estate
Foreclosure
Housing, Construction & Development
Land Use & Zoning
Landlord & Tenant
Mortgage
Real Estate Contracts and Negotiations
Real Estate Due Diligence

Bankruptcy & Debt

Insolvency

Advice to debtors in financial difficulties and to creditors in judicial and extrajudicial restructuring proceedings, bankruptcy, civil insolvency proceeding; and in interventions and settlements of financial institutions, insurance companies and other institutions subject to specific regulations.

Bankruptcy
Credit Repair
Creditor
Debt & Collection

Insurance

Insurance and Reinsurance

Advice to domestic and foreign clients on regulatory issues.

Assistance to insurers in the interaction with foreign parent companies and reinsurers and advice to foreigners in relation to Brazilian insurers and reinsurers.

Elaboration of legal opinions on various issues in the security and resecure sphere, such as coverage and interpretation of regulatory standards.

Legal support in the regulation of claims of D&O, E&O, guarantee, patrimonial and engineering insurance, among others.

Advice for recovery of amounts, execution of counter-guarantee and rights of subrogation.

Elaboration and negotiation of contracts and policy clauses. Consultancy regarding the tax aspects of coverage and claims claims, as well as in reinsurance.

Defense of the interests of insurers and reinsurers in arbitration proceedings and in several legal actions.

Bad Faith Insurance
Health insurance
Insurance Defense
Insurance Fraud
Life Insurance

Employment & Labor

Employment

Specialized advice on all matters related to labor law, including transactional issues, preventive consulting, contracts and judicial and administrative litigation.

Work in different sectors and specificities of labor law, in a pragmatic manner and aiming at cost efficiency in all matters related to work.

Diversified performance in relation to the public and private sector, multinational groups, large national industries, small companies.

Business advisory of compliance of executives and employees, in investigations and internal audits to evaluate employees’ conduct.

Advice related to expatriate employees. Accompaniment and advice on the hiring and dismissal of executives and employees in management positions of national and foreign companies.

Performance in union negotiation.

Strategic and preventive monitoring of labor claims.

Assistance in the termination and conduction of termination of employment contract.

Support in corporate operations.

Employment Rights
Hiring & Firing
Job Discrimination
Labor Law
Pension
Retirement
Sexual Harassment
Social Security
Wage & Hour
Wrongful Termination

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