Civil Litigation

Always attentive to the reality of each company, we have in-depth knowledge of our clients' businesses and operations, which enables us to identify opportunities and anticipate risks while fulfilling today's demand for fast communication and straightforward information.

Our lawyers and professionals consistently strive to provide tailor-made and unique legal solutions that meet, in a fast and comprehensive manner, the interests of companies across a wide variety of industry sectors in the most complex situations.

Throughout the years, the firm has focused on offering national coverage. We offer legal support in virtually every corner of the country, while focusing on providing effective services and making the most of client's legal budget. In addition, our administrative and financial structure allows us to offer advantages and tools that ensure easier strategic and operational management of the cases we handle.

By overcoming the obstacles of the complex Brazilian judicial system and creating opportunities for faster and more satisfactory results, our firm takes a fully result-oriented approach aimed at bringing actual gains for our clients' businesses and is highly regarded for the unparalleled level of sophistication and reliability of its services.

Environmental Litigation
Since our founding, we have been pursuing the interests of our clients in civil, criminal and administrative environmental proceedings.
With the support of specialized technicians, our lawyers and professionals defend companies across diverse industry sectors in a range of matters, including police, civil and other investigations, offering the support they need to sign consent decrees (TACs) and ensure compensatory measures.
In addition, we vigorously defend our clients against notices of violation and imposition of penalties, handling defenses, administrative appeals and other judicial measures with remarkable results.
Consumer
We provide our clients with a structure and tools that are extremely valuable in managing a large number of cases, reducing the amount of claims and avoiding negative impacts on companies' reputation and operations. Our services include:
•detailed studies of the activities and the relationship between a company and consumers with the purpose of coming up with the best defense strategies and arguments;
•anticipating and responding to lawsuits and representing companies in hearings throughout the country;
•identification of potential sources of disputes – whether due to third-party opportunism or isolated facts – crafting and adopting the best strategy to stop those sources;
•proactive approach (meetings with judges, submission of briefs and oral arguments) with Superior Courts, State Courts and Appeals Courts to reverse decisions that are contrary to companies' interests;
•full monitoring of enforcements, compliance with decisions and injunctions, avoiding the freezing of assets and any other constraints;
•preparation and update of strategic reports, drafted in managerial language, providing a detailed description of the claims made by consumers and their distribution across different areas of the country, their causes, current status, amounts, provisions created and other relevant information.
Defense of Banks and other Financial Institutions
Our thorough understanding of the various types of credit and fund raising instruments and intricate capital remuneration mechanisms across diverse industry sectors puts us at the forefront in defending banks and other financial institutions.
Drawing upon highly-skilled teams and approaches that are tailored to each banking segment, we have obtained excellent results not only in proceedings involving international and corporate transactions, but also in middle market and consumer credit transactions.
The coordinated approach of our litigation teams allows us to meet a broad variety of needs of major financial institutions and conglomerates, both in and out of court. We act with dynamism in the collection and recovery of assets and in defending our clients in actions for the annulment and revision of contracts, guarantees and financial transactions.
Disputes Concerning Distribution, Franchise, Sales Agency and Other Agreements
With remarkable knowledge of our clients' products and various kinds of distribution models and channels, we are at the forefront in defending manufacturers against their distributors, wholesalers, sales agents, franchisees and other parties, as well as in representing distributors.
Our lawyers' close interaction with our clients' commercial and marketing departments, combined with their global and multidisciplinary approach, allow us not only to handle legally and commercially complex cases but also to counter-attack, taking coordinated credit recovery measures and regulatory and antitrust measures.
Administrative and Regulatory Disputes
We are uniquely positioned to handle legal matters at all government levels. In administrative proceedings, we defend the interests of companies across a wide range of industry sectors, including construction, media, food, high-tech, leisure and entertainment.
Our firm also provides valuable assistance in biddings, concessions and a wide range of government contracts by filing appeals and administrative appeals and advising on obtaining government licenses, permits and authorizations. In addition, we have a strong track record of successfully challenging administrative acts and decisions that are counter to the interests of our clients.
Intellectual Property Disputes
The firm is uniquely positioned to defend clients' interests in disputes involving brands, patents, software, business models and copyrights.
Our repressive approach is one of our highlights. We have extensive experience in judicial and administrative measures to fight piracy, plagiarism, trademark counterfeiting, software misuse and intellectual property infringements in general. We efficiently and rapidly obtain, on behalf of our clientes, court rulings and orders to protect the integrity of such a valuable asset.
International Disputes
With top-ranked professionals who are fluent in two or more foreign languages and familiar with different legal environments, Rayes & Fagundes has a strong track record of providing valuable support to its clients in disputes involving national and foreign companies, even across borders.
We cooperate with important law firms worldwide to defend our clients efficiently on all five continents.
Internet and E-commerce
In Brazil, specific legislation on electronic media is very concise. Therefore, disputes regarding this sector usually involve image rights, freedom of expression, copyright, intellectual property, e-commerce, web hosting, virtual auctions, management of payment methods, marketing and issues that have no counterpart in the real world, such as discussions about the use of the blockchain in electronic transactions involving Bitcoins, ethereum and other virtual currencies.
With vast experience defending Internet and e-commerce companies, our team has the expertise and ability to understand the intricate and innovative relations in the virtual world. With a strong digital culture, our firm has built a reputation for winning a large number of judicial and administrative proceedings with government and regulatory bodies.
Corporate and Competition Disputes
The firm defends and represents the interests of major economic groups in corporate and competition matters. Our lawyers and professionals are deeply familiar with the most complex and also with the day-to-day corporate issues faced by different types of businesses and corporate structures.In addition to their exceptional ability to competently handle disputes that are typically brought to court – such as removal of members, appraisals, challenges to shareholders' decisions, capital increases, dilution of ownership stake, liability and dismissal of administrators – our lawyers and professionals also have remarkable negotiation skills, which they use as the best way to overcome obstacles that may jeopardize the survival and continuity of the business.
Our civil litigation practice also provides important support in antitrust, economic concentration and dominant position matters, assisting clients with acquisitions, consolidations, joint ventures, associations and other forms of business conglomerates. Our lawyers represent clients both in court and at the administrative level in matters concerning the repression of violations against the economic order, such as with the Administrative Council for Economic Defense (CADE) and the Secretariat of Economic Law of the Ministry of Justice (SDE).
Mediation and Arbitration
We are proud to be a pioneer among Brazilian law firms in defending companies in mediation and arbitration proceedings since the enactment of the Arbitration Act (Law No. 9,307/96). Whether acting alone or in cooperation with renowned U.S. and European law firms, we have an extensive track record of acting in arbitration proceedings under the rules of international entities, including the International Chamber of Commerce and the American Arbitration Association.
Furthermore, we have a track record of success in handling court disputes regarding the validity of arbitration agreements and arbitral awards, enforcing arbitral awards in court and obtaining injunctions to safeguard the interests of our clients.
The firm has also represented the interests of numerous companies in applying for recognition of foreign arbitral awards. In addition to assisting our clients in obtaining all the documents needed for the homologation of foreign arbitral awards, our lawyers and professionals have a thorough grasp of the obstacles that are usually faced, as well as in-depth knowledge of the case law of higher courts and the applicable rules, including international treaties such as the New York, Panama and Montevideo Conventions.
Corporate Reorganization
In light of the current economic scenario, financially distressed companies have increasingly turned to court and out-of-court reorganization proceedings in Brazil, reproducing the so-called "Chapter 11" filing of the U.S. law.
The peculiarities of the Brazilian law and the vast amount of discussions on the topic have provided us with an excellent opportunity to become one of the most innovative law firms in the field. We are highly regarded for obtaining extremely favorable court decisions for our clients – whether creditors seeking to collect payment or debtors wishing to restructure their business through court reorganization.
With the support of experts and economists, our lawyers and professionals master all the steps and procedures followed in court reorganizations and are capable of preparing submissions, representing clients in meetings and negotiating agreements that serve their best interests, within the limits of the law.
Strategic Credit Recovery
Our firm has a proven track record in strategic recovery of credits, having successfully handled a large number of cases.
Through a team of lawyers and professionals with extensive experience in credit recovery and drawing on the support of locators and investigators, our firm works aggressively and accurately to identify and take – both in and outside court – measures that are capable of bringing immediate advantages to our clients while aggravating the situation of debtors and, therefore, encouraging them to negotiate their debts. Our unique approach includes:
•prior analysis of each debtor's assets and business situation to identify the most suitable court and out of court measures to employ in each specific case;
•filing of enforcement suits, monitory actions, collection suits, provisional attachments, sequestrations, searches and seizures, repossessions, bankruptcy petitions and other judicial measures;
•focus on the settlement of cases, constantly negotiating with debtors and with the client, through phone calls and meetings;
•person and asset searches throughout the country, whether to assess the state of the debtor's assets or comply with injunctions and court orders, coordinating the work of asset searchers and clerks.
Civil Liability
Our professionals are deeply familiar with a variety of theories of civil liability and have been delivering excellent results to our clients. Through an in-depth analysis of each case, efficient defenses and an assiduous work of production of evidence and arguments at all levels of jurisdiction, our firm has achieved wins for our clients, either avoiding improper adverse judgments or significantly reducing the amount of damages.
We have been equally successful in claiming third-party liability (contract or tort) for damages caused to our clients. Our work in this regard begins well before the filing of the lawsuit – with a careful identification of all documents, information and other elements necessary to establish civil liability of the third party – and ends only when our clients receive all the amounts they are entitled to.
Insurance
Rayes & Fagundes strives to maintain a team of professionals who are always abreast of the most recent developments in insurance law.
Our litigation team focuses on handling cases involving a wide array of insurance contracts. Thanks to the professional development trainings that we provide our staff, our performance in this segment has become increasingly solid. Both in collection disputes and review claims, our results show that we play a decisive role in ensuring quick payment of indemnities or, from the insurer's perspective, a rapid solution when there are uncertainties regarding payables.