Multidisciplinary Practice
Operating with a strategic vision, HMA provides advisory services to Brazilian and foreign individuals and legal entities, in all segments and sectors, pursuing the optimal outcome for each situation.
Administrative and Regulatory
PUBLIC TENDERS AND GOVERNMENT CONTRACTS
- assistance in all phases of tender procedures, including analysis of invitations to bid, preparation of oppositions, monitoring of consultations and public hearings;
- advice on the execution of administrative contracts, including the drafting of requests for economic-financial rebalancing;
- acting in administrative and judicial litigation and arbitration proceedings;
- advice and follow-up on proceedings before the Courts of Auditors.
ENVIRONMENTAL AND MINING
- advice and follow-up of implementation of industrial, forestry and real estate projects, as well as processes for obtaining research permits, mining decrees and licenses from environmental control agencies and entities;
- consultancy and practice in judicial and administrative litigation.
LGPD – GENERAL LAW OF DATA PROTECTION
- advice on the analysis, development, implementation and monitoring of data governance and privacy programs in adaptation to the guidelines of the General Law of Data Protection - LGPD (Law No. 13.709/2018), including the review of contracts and preparation of the necessary documents.
COMPLIANCE
- analysis of internal practices and processes, diagnosing risks and weaknesses based on the legal rules applicable to the client's business;
- advice on the development and implementation of compliance programs, including specific aspects of anti-corruption, with the creation of whistleblowing channels and training programs for managers and teams;
- advice and follow-up in the preparation and review of Codes of Conduct and Ethics.
ADMINISTRATIVE MISCONDUCT
- Monitoring of public civil inquiries and practice in judicial litigation.
INFRASTRUCTURE
- advice on the preparation of projects for Public Private Partnerships (PPP's) and concession contracts, such as highways, sanitation, energy, oil and gas;
- advice on the expression of interest procedure, as well as in all phases of the tender procedure and contract performance;
- acting on administrative and judicial litigation and arbitration proceedings;
- advice and monitoring of cases before the Courts of Auditors.
Business Consulting
CORPORATE
- guidance and advice on incorporation and company organization, including the drafting of constitutional documents, such as articles of incorporation, bylaws, shareholders' agreements, minutes of meetings and general meetings’ minutes;
- advice on merger and acquisition (M&A) transactions and joint ventures in Brazil and abroad, including transfer of shareholding control of corporations;
- performing due diligence in processes of corporate reorganizations, joint ventures, acquisition of control of companies and analysis of the legal risks of the operation;
- assisting shareholders and quotaholders in corporate matters, including representation at shareholders' meetings and general meetings;
- guidance and implementation of Estate and Succession Planning.
REAL ESTATE
- structuring of real estate ventures, including preparation of contractual instruments and registration of the venture with the competent bodies;
- advisory services in real estate purchase, sale and lease transactions, including due diligence, assessment of the risks of the transaction and drafting of contractual instruments.
FOREIGN INVESTMENT IN BRAZIL AND IMMIGRATION
- guidance and assistance to foreigners in the incorporation of companies in Brazil;
- advisory services on registration procedures with the Central Bank of Brazil;
- guidance as to compliance with legal and regulatory requirements;
- guidance and advice on procedures for obtaining visas and residence permits for foreigners.
CONTRACTS
- advice in the negotiation and drafting of contracts of the most diverse natures, including supply, contracting, service agreements, purchase and sale, representation, distribution, technology transfer, pledge, leasing, rental, lending, among others;
- negotiation of agreements to resolve outstanding commercial issues.
INTELLECTUAL PROPERTY
- advice on technology transfer operations in Brazil and abroad;
- representation with the National Institute of Industrial Property (INPI) for approval and registration of contracts, trademarks, patents and industrial designs.
BRAZILIAN INVESTMENT ABROAD
- advisory services to Brazilian clients on the incorporation of companies abroad;
- guidance as to compliance with legal and regulatory requirements abroad, with the support of foreign correspondents;
- guidance as to the requirements of the Central Bank of Brazil.
Arbitration and Court Litigation
ARBITRATION AND COURT LITIGATION
- advice for conflict prevention and resolution;
- negotiation of agreements to resolve outstanding commercial and corporate disputes;
- practice in civil litigation in general, business, family and inheritance law, consumer, civil liability, environmental and mining, health, constitutional, in all spheres of the Judiciary and before the most diverse Regulatory Agencies, including guidance, defense and conduct of administrative and judicial proceedings in all instances;
- representing clients and conducting arbitration proceedings in Brazil and abroad, including those involving public entities;
- enforcement and homologation of sentences in Brazil and abroad;
- acting in Repetitive Appeals, Incidents of Assumption of Jurisdiction - IAC and Incidents of Resolution of Repetitive Claims - IRDR in progress at the Superior Court of Justice, as well as in Extraordinary Appeals and Interlocutory Appeals with recognized general repercussion in progress at the Brazilian Supreme Court.
ANTITRUST/COMPETITION
- advice and consultancy on competition and consumer law, including the preparation of studies and opinions;
- conducting administrative proceedings involving economic concentration acts before the Administrative Board for Economic Defense (CADE).
COURT SUPERVISED REORGANIZATION AND BANKRUPTCY
- advising on debt renegotiation processes, restructuring of activities and liquidation processes of financial institutions;
- conducting court supervised reorganization and bankruptcy proceedings in all instances.
FAMILY AND INHERITANCE LAW
- structuring and organization of assets and inheritance;
- conducting probates and advising heirs on the division;
- conducting consensual divorce.
ELECTORAL
- legal advice to opinion research institutes in the electoral context;
- administrative and court defense in electoral matters and carrying out proceedings in all instances.
Tax
CONSULTING AND LITIGATION
- guidance and assistance in the preparation and implementation of tax, estate and succession planning, maintenance of Brazilian investments abroad and foreign investments in Brazil;
- follow-up on surveillance procedures;
- representation in the filing of defense and administrative appeals against municipal, state and federal tax assessments and conducting proceedings in all instances;
- representation in lawsuits related to federal, state and municipal taxes and conducting proceedings in all instances;
- preparation of legal opinions.
Labor and Employment
CONSULTING AND LITIGATION
- advice on the prevention and resolution of labor and employment disputes;
- advisory services in the negotiation of collective bargaining agreements;
- preparation of codes of conduct, regulations and internal policies;
- labor audit and due diligence;
- guidance, defense and conduct of administrative and court proceedings.