PRA - Raposo, Sá Miranda & Associados

CORPORATE

The Corporate area is divided into three fundamental branches that aim at providing a full service to our corporate clients, but also to individual clients who deal with corporate matters: corporate governance, M&A and corporate litigation. It also encompasses legal advice regarding international partnerships, notably on the incorporation of corporate vehicles.

The corporate team advises on:

• Drafting and follow-up of operational resolutions;
• Compliance and fulfilment of laws, regulations and good practices;
• SPAs;
• Public Offers;
• Restructuring, transformation, merger and demerger process;
• Corporate debt and financing;
• Due diligence;
• Coordination of international partnerships in several jurisdictions;
• Strategic guidance concerning the reorganization of groups of companies and dealing with corporate conflicts;
• All stages of corporate litigation.

CRIMINAL LITIGATION

The area of Criminal Litigation and Compliance, within the scope of General Litigation, has extensive experience and expertise in monitoring criminal proceedings already filed, as well as in terms of prior and preventive counselling. The team ensures constant follow-up at all stages of criminal proceedings, whether inquiry, instruction, trial or appeals. Under criminal law, in which we highlight economic and financial crime, we also follow other types of crimes. The Criminal Litigation also has a transversal action, supporting the other areas of society.

INTELLECTUAL PROPERTY AND PRIVACY

The growing and digital relevance of Intellectual Property (IP) and Privacy, demands a global, quick and pragmatic approach. In order to assure its enforcement and defense, the PRA Intellectual Property and Privacy team handle IP (industrial property rights and copyright/related rights), Privacy and Personal Data issues, in a broad and comprehensive way, covering both the consulting areas as well as the litigation stages. In these fields, our lawyers – including official industrial property agents – assist companies or individuals, which also occurs in other legal areas such as Technology, Cibersecurity, Media, Advertising and Gaming.

Additionally, we provide support:

• In the negotiation, registration and the enforcement of Copyright and Related Rights, aiming both the protection and the exploitation of the most varied types of intellectual works (in physical and digital environment);
• In the negotiation and drafting of technology and software contracts (licensing and transmission contracts) and confidentiality agreements;
• In the maintenance, enforcement and protection, namely negotiation and drafting contrats, regarding trademarks, designs or models, patents and utility models, trade secrets, as well, to submit applications to all the IP Offices of which Portugal is a Member State, as well as in other countries, through local partnerships;
• In the protection, monitoring, and maintenance of trademark, designs or models, patents and utility models portfolios, at national, European, and international levels;
• In the judicial litigation or arbitration proceedings assistance related to all of intellectual property rights, and collective management entities;
• In the procedures before the Portuguese Data Protection Authority (CNPD) and other control authorities, drafting legal opinions, personal data related contracts, and privacy policies;
• In the development of due diligence related to intellectual property assets, privacy and data protection compliance;
• In carrying out GDPR compliance audits and data protection impact assessments (monitorization, data transfers and legal compliance; authorities investigations; online privacy issues; security measures issues and access requests);
• In the follow-up to legislative changes in the field of intellectual property, privacy and data protection, at national and European level;
• In the negotiation, namely drafting contrats, in the Media and Advertising field, assisting agencies and national or international media and entertainment

FAMILY & INHERITANCES

The Family and Inheritances team is dedicated to personalized monitoring of matters related to the family, children and young people, the adult accompanied by a caregiver and the inheritances and nationality, acting both preventively, with advice and legal advice, as well as in judicial resolution and extrajudicial.

In this area of ​​practice, we provide legal advice and legal sponsorship in:

• marriage proceedings and prenuptial agreements
• legal separation of persons and property, simple legal separation of property, divorce, recognition and cessation of non-marital partnership and precautionary proceedings
• determining, alteration and cessation of maintenance
• division of assets and judicial inventories process, wills, probate and donations
• judicial review and confirmation foreign judgments.
• regulation and alteration of the exercise of parental responsibilities
• investigation, recognition and challenge of paternity and civil sponsorship
• Issues of international conventions maintenance, international child abduction, and important EU regulations relating to the family, children and young people
• processes of adult accompanied by a caregiver and authorizations for the practice of acts,
• nationality, residence permits and family reunification

LABOUR

The Labour department has a team of experienced and highly specialized lawyers, who allow a dynamic and efficient performance with its clients. The team stands out for the proximity it establishes with its clients and for the sense of integration in the particular reality of each one of them. As an area with constant evolution and the need for immediate action, the Labor team strives for proactivity in sending information, speed in responding to the customer, always seeking to present effective solutions for the topics presented, these being typically differentiating characteristics of the work that it develops. Having innovation as one of its main mottos, it tries to be at the forefront of the most current trends in the world of work and human resources, always in full compliance with the law and best practices. Accompanies both corporate and individual clients, in the field of consulting and litigation.

Among others, the team provides the following services:

1. Advice on the various aspects of the development of the employment relationship | Implementation of norms/regulations aimed at valuing companies and their workers | Salary structure and remuneration | Equal Pay Plans | worker’s personal data protection | temporary work | other forms of work organization: remote work, flexibility and optimization of working times, among others;
2. Restructuring and reorganization | Monitoring of transfer processes of economic unit, M&A operations, assignment of contractual position and outsourcing | Due diligence in labor and social security matters;
3. Instruction and monitoring of disciplinary procedures and individual and collective dismissal processes;
4. Geographic and functional mobility | Monitoring the hiring of foreigners | Expatriation Processes | International transfer of workers;
5. Specialized Advice for Senior Management Positions | integration preparation; positioning in the organic structure and analysis of the hypothesis of coexistence of the employment relationship and management positions; formation of the legal relationship; confidentiality and non-compete clauses; support in termination processes of the contractual relationship and support in the outplacement process;
6. Negotiations in terms of collective regulation, labor disputes, strikes and processes for preparing and monitoring Lay-offs;
7. Labour and Social Security litigation and administrative offense proceedings related to the Authority for Working Conditions and Social Security;
8. Advice on general Social Security matters | Subsidies and bonuses for hiring | Pension Plans | old age pension;
9. Optimization of solutions in terms of Compensation and benefits | Incentive systems on share capital, including stock options, RSU and other fringe benefits;
10. Training in labor and social security matters, fully parameterized according to the real needs of the client | Support for the prevention of occupational risks.

REAL ESTATE

The Real Estate team at PRA- Raposo Sá Miranda & Associados stands out for its sense of responsibility, efficiency and proximity to clients, being responsible for consulting and advising in the most diverse areas of real estate law, such as drafting, negotiation, contracting, special operations and other areas of Private Law, also assuming the contentious aspect attached to them, still proceeding with:

• Advising on real estate transactions,
• Real Estate Reports and Due Diligences,
• Advice on private contracting and land registration, real estate management and monitoring of real estate companies, administration and management of real estate, including monitoring of condominiums and respective administrations,
• Advice on development and licensing in the areas of tourist, housing and local accommodation,
• Advice on registrations, on their harmonization (Conservatory of the Land Registry and Finance) and respective endorsements, in terms of real estate assets;
• Advice regarding purchase and sale contracts and respective promises, as well as the transfer of real estate for residential and non-residential purposes, of all types of assets, whether residential, hotel, industrial, commercial, services, urban or rustic land.
• Services in the most varied forms of assignment of real estate and everything that appears to be connected with real rights of enjoyment; such as surface right, right of use and housing, lending, real right to periodical or lasting housing, financial leasing, accommodation, usufruct, land easements, among others,
• Advice on litigation matters, through eviction actions, property claims, demarcation, execution for the delivery of property and other forms of defense of possession and property, including preventive actions, such as precautionary measures,
• Advising investment funds and real estate management companies,
• Assistance in the areas of real estate financing and construction, including horizontal property, shopping centers and other commercial exploitation complexes, urban planning and territorial management instruments, municipal licensing of urban operations, industrial/commercial and environmental licensing,
• Advice on banking operations and financing models, generally associated with real estate guarantees, but not excluding others.

JUDICIAL AND ARBITRATION DISPUTES

PRA teams are formed by sets of specialized, dedicated and efficient lawyers covering all areas of legal knowledge, with extensive experience accumulated in resolving judicial and arbitration disputes, with tradition and focus on proximity to the client and oriented to the rapid and successful resolution of their affairs.

In litigation, it has two major areas, one predominantly civil that favors dispute resolution through arbitration, and another criminal and administrative offenses.

It currently provides, among others, in addition to preventive consulting:

• Advising and litigation on contractual or non-contractual civil liability actions, including professional civil liability
• Advising, litigation and mediations in the areas of insurance, consumption, including processes with ASAE, and transport, including processes and procedures with IMT
• Conflict resolution in the areas of construction, including involving private works
• Arbitration proceedings, national and international, from their preparation to their completion
• Preparation and presentation of the right of hearing and defense, preparation of written defenses, applications, inquiries of witnesses, judicial challenges, hearings and appeals, concerning administrative offenses of both ASAE, IMT, GNR, PSP, ANSR, IGAMAOT and Regional Entities of Madeira and of the Azores as well as regulatory entities
• Definition of defense and prosecution strategies in criminal proceedings, focusing on economic and financial crimes (fraud, corruption, abuse of trust, fraud, tax crimes among others) but also on crimes of domestic violence, cybercrime and crimes against people and property in general
• Study, implementation and monitoring of compliance programs aimed at enabling customers with the necessary means to comply with legal and regulatory requirements, and to eliminate risks and prevent responsibilities