CONTACT US
Av. Brigadeiro Faria Lima, 3144 – 3⁰ andar – Itaim Bibi – São Paulo – SP – Tel: (11) 3456-7890
Litigation and Alternative Dispute Resolution
Sometimes the parties are unable to reach an agreement, either through negotiation or mediation. In such cases, the matter may end up in litigation or arbitration. Therefore, we are ready to seek the best strategy with our client, aligning the conduct of the processes to the interests of the business and using the Economic Analysis of Law. We understand that the legal solution must be well structured so that the dispute causes as little impact as possible on day-to-day business.
Our practice areas includes:
- Contractual Disputes
- Corporate Disputes
- Tort Liability
- Distribution and Agency Agreements
- Product Liability
- Bidding Processes
- Data Privacy
Negotiation
Conflicts are not inherently bad. In fact, they can be good opportunities. We understand that the negotiation process is dynamic and pervaded by emotions. We offer our analysis focused on social psychology, behavioral economics, game theory, considering the risk assessment of the consequences of litigation and looking for opportunities that can expand the pie for both parties in the negotiation. To this end, when the case allows, we can suggest mediation. This negotiation technique uses a neutral element to facilitate communication between the parties and seek the best solution to the conflict. In addition, we have experience with Dispute Boards.
Blockchain and Decentralized Finance
We assist with DeFi (Decentralized Finance) issues, the legal structuring of contracts on blockchain platforms, and disputes arising therefrom, including with support from our partner in the US, whenever necessary.
Contracts Drafting and Reviewing
Our vision has two focuses: maximizing results for the contracting parties and mitigating risks in disputes. To do so, we use the Economic Analysis of Law and always seek to understand our client’s business. For us, the contract must contemplate the mechanics of the relationship embraced by the parties and risk allocation. Accordingly, the instrument becomes a conflict reduction element that will facilitate the work of contract managers.
Drafting of Legal Opinions and Inquiries
Due to the broad experience of our partners, including in the corporate world, we evaluate the matters submitted to us and provide solutions and alternatives in objective and straightforward language. Internal opinions and inquiries, in our view, need to be complete but also easily absorbed. We understand business timing and know that solutions must be fast, direct, and objective.
Bidding Processes and Public Sales
We assist companies in public sales and bidding processes, from participation in tenders to any disputes and penalties. We also help in risk assessment in bidding processes and interaction with public officials, focusing on Compliance.
Risk Assessment
By combining all our litigation experience and in-house insight into business models, operations, and commercial contracts, we can, together with the affected areas, determine the existing degree of risk. With this in mind, we then present the appropriate measures, including policies, to correct the root causes. Finally, if necessary, we try to limit losses and reduce the existing risk with alternative ways of conflict resolution.
Compliance
3C LAW can support its clients in all compliance-related issues. Our view on the subject is complete and in-depth, based on our experience designing entire programs for companies. Background Checks, Conflicts of Interest, Relations with Government Agents, Relations with Third Parties, and high-risk areas must all be independently monitored. We understand that Compliance involves DNA, education, and disclosure. Revenues consist of profit minus cost, but not at any cost. In an ESG world, Compliance has become all the more relevant.
Legal Departments Strategic Planning
3C Law is fully capable of supporting its clients in developing strategic plans for legal management, compliance, ESG, and even new business models to mitigate risks. Thus, it is possible to avoid or reduce the need to build up technical reserves and investment capacity. In partnership with top management and with the support of the affected customer areas, we can develop tailor-made processes with as little refraction as possible.
Economic Analysis of Law
We understand that Law needs a holistic approach. As such, we primarily use Economic Analysis of Law (EAL) to seek the best possible solutions to the issues brought by our clients. After the Economic Freedom Act and the change in the LINDB (Introductory Law to the Rules of Brazilial Legal System), one can say that the EAL has been implemented.
Crisis Management and Lawfare
The digital world has exponentially increased crises, especially reputational ones. We assist clients that go through these problems, seeking solutions that have the least possible impact on the business. If necessary, we create War Rooms with the customer to seek solutions to any inconvenience, as efficiently as possible, including in partnership with the customer’s Customer Service. Our practice also includes the defense of our clients when laws are used as weapons of war to achieve specific, and often destructive, ends and objectives. For this purpose, we use the Game Theory, among other tools.
Data Privacy Litigation
Our practice encompasses crisis management and litigation arising from data leaks, including before the ANPD (National Data Protection Authority), Senacon (National Consumer Secretariat of the Ministry of Justice), and other agencies. We count on the partnership of the GCAA – Gonsales & Cho Advogados Associados law firm.
M&A (Mergers and Acquisitions)
We advise in the resolution of disputes arising from or related to M&A (mergers and acquisitions). We seek the legal mechanisms that allow the consummation of a transaction or claim our clients’ rights when transactions fail or when problems arise after a deal is closed. In addition, we advise clients on strategies to avoid litigation or negotiate successful outcomes prior to litigation or arbitration proceedings.
ESG Practices
We act in disputes related to companies’ social, environmental, and governance practices. We advise organizations on identifying and addressing ESG and human rights risks in their operations and supply chain. We know that these disputes take place in the public domain. Therefore, we tailor the litigation strategy to the specific context to align it with broader stakeholder engagement guidelines and public relations.
If a company’s actions can impact people’s ability to enjoy their human rights, it needs to adopt control measures to gain the trust of stakeholders. Early decisions can have vast, long-term significance – both for the company’s reputation and legal exposure – to prevent ESG risks from creating legal consequences for the business. Our experience in crisis management plays a fundamental role in these situations. Our consulting practice helps companies identify ESG issues in their operations and supply chains, enabling them to implement practical and effective systems to avoid or mitigate the realization of risks.
Criminal Law
Representamos indivíduos, empresas públicas e privadas e outras entidades em investigações governamentais, CPIs e internas, além de litígios criminais no Brasil. Atuamos em uma ampla gama de assuntos, incluindo fraudes financeiras e de valores mobiliários, insider trading, antitruste, ambiental, fiscal, crimes cibernéticos e corrupção pública, entre outras áreas.