COUNSEL AND LITIGATION
In the field of pre-litigation, MCSA’s services include measures to prevent litigation, to ensure compliance and to protect clients in their personal or professional lives.
Our business consulting services comprise drafting documents and contracts between private persons and the Public Authorities, as well as all legal acts pertaining to companies and individuals. In addition, our services include all other legal activities not meant to be presented before the Judicial Branch.
In Civil Litigation, MCSA acts strategically and coherently on behalf of its clients in the judicial and administrative areas.
The services provided by this area involve legal counsel in the examination of each legal case, for the purposes of filing actions, as well as to take the appropriate measures in the course of the process in order to achieve the best possible outcome for the client.
Elaboration, interposition and monitoring actions and appeals before the State Courts, Federal Regional Courts, and before the Superior Courts in Brasília.
MCSA provides complete counsel to large business groups, including real estate and real estate developers, in legal matters of real estate nature.
Our work includes counsel for real estate business deals of all sizes and natures, such as acquisitions and leases, real estate developments, pending solutions in notaries and public agencies, and any other property-related matter.
Our experience also covers residential condominiums, built-to-suit, all kinds of real estate collateral, surface right, and other issues.
Moreover, our real estate legal department works collaboratively with other areas to offer sound and effective counsel to clients who need to deal with Public Authorities. Some examples of our work in this area include: registrations and legalizations, bids, pending cases with City Halls, State Governments, and the Federal Government, in addition to associations, PPP, expropriations and/or easements.
MCSA has extensive experience in the field and, over the years, has already stricken important victories for its clients.
For more information on Real Estate Law, please check our blog (Portuguese).
MCSA counts with a fully equipped department dedicated to designing, revising, and negotiating various types of business contracts in a wide range of areas. Our team is composed of experienced and highly specialized professionals who are ready to advise our clients on any legal-contractual matters.
In Digital Law, MCSA acts significantly in counseling clients, from pre-litigation – by means of legal counsel – to filing and following-up lawsuits.
Our clients benefit from our professional knowledge and practical experience in drafting technology agreements and in protecting their interests. Our team’s expertise is the result of years of experience in many technology areas, covering the full spectrum of technological operations: products, services, intellectual property rights, and infrastructure.
MCSA also has extensive experience in both counsel and litigation in cases involving illicit acts perpetrated through the global computer network.
Our Labor Department stands out for its personalized attention and search for excellence in results, assisting clients through preventive labor counsel to avoid contingencies and liabilities.
In labor litigation, MCSA acts in administrative and judicial proceedings with the Labor Public Prosecution Office and in various Courts and Labor Courts, following up on proceedings, hearings, oral submissions, and labor charges.
MCSA operates in all segments of Corporate Law, from business consulting, operations structuring and litigation prevention, to litigation in general.
Our Corporate Law area meets the needs of a deficient segment in Brazil: companies that do not have an in-house legal department hardly ever count with high level corporate legal counsel.
We work with the best practices in Corporate Law by gaining insight into our clients’ activities and employing a multidisciplinary approach to provide assertive, timely, and consistent counsel and follow-up of the company’s trade, government, corporate, and social relations.
MERGERS AND ACQUISITIONS – (M&A)
We provide full counsel for M&A (Mergers and acquisitions), from information gathering and verification on the desired company – including risk analysis of the operation and contract drafting and revision – to prepping the company for sale and corporate restructuring.
Our office has an efficient team working in the recovery of assets for families, individuals, and corporations, in Brazil or in other countries.
Solving property and asset misappropriation within families and companies requires specific know-how. MCSA is ready to work towards the victory of its clients in this area.
CONSTRUCTION AND INFRASTRUCTURE
Considering the urgency and need for investment in the Infrastructure and Logistics sector, MCSA meets market demands and has a highly qualified and experienced team to assist companies in the feasibility and implementation of large Infrastructure and Logistics projects, particularly in the construction of hydroelectric dams, transmission lines, gas pipelines, pipelines, roads, and other infrastructure required for the country’s development.
MCSA is legally capable of suggesting and operationalizing the legal instruments needed for the feasibility of Infrastructure and Logistics projects, especially with regard to projects contemplating public interest.
We operate in all implementation stages, especially through the strategic process management, from pre-operations to the actual project implementation, aiming to mitigate operational costs through professional contract management of contracts and legal proceedings.
Our goal at MCSA is to provide timely project implementation, with a focus on cost reduction, thus significantly contributing to the project’s success and profits.
As a response to the undeniable importance of the Mining sector, MCSA offers special services in this area, particularly in following up procedures for Research and Extraction, Easements (mining and civil), land title regularization, and other procedures necessary for implementing and maintaining mining operations.
Furthermore, in relation to taxes and other charges arising from the mining activity, MCSA has a highly qualified counseling team to act in administrative and judicial procedures that involve calculation and payment of CFEM (Financial Compensation for the Exploration of Mineral Resources) and other taxes and charges.
Read about Mining in our blog (Portuguese).
The State’s power to tax is mitigated by limits outlined in a country’s laws, which are not always observed by federal, state, and municipal tax authorities. MCSA acts in the area of Tax Law with a focus on litigation and counsel in order to ensure the rights and guarantees of taxpayers, thereby eliminating over-taxation.
Administrative and judicial litigation is carried out before several agencies and courts, through active and passive demands related to all types of taxes and in different levels of complexity.
Tax counsel aims at minimizing tax burden and solving legislation questions through drafting legal opinions and tax planning and in advising clients in the preparation of administrative consultations and requests for special tax regimes.
MCSA also works with certificate procurement through judicial and administrative channels.
Learn more about Tax Law in our blog (Portuguese).
Considering the undeniable importance of the Healthcare sector, MCSA offers services in this segment with special attention to:
- The current consumer’s prerogative to adapt unregulated plans – non-retroactivity of Law 9.656/98;
- Age-related adjustments;
- The power of consumer choice – and the legality of co-participation;
- Medical expertise – technical and medical case discussions;
- Malpractice suits filed against physicians, hospitals/clinics, and healthcare providers for alleged medical error;
- Status differentiation: urgency/emergency and critical condition;
- Healthcare – emphasis on private sector providers;
- Medication, orthoses and prostheses;
- Healthcare providers;
- Matters related to the National Healthcare Agency.
In regards to issues related to taxes and other charges arising from Healthcare operations, MCSA has a highly qualified team to provide counsel and to follow up on the administrative and judicial procedures pertaining to the calculation and payment of fees and taxes in this segment.
Counsel on contract management is important in all stages, especially during negotiations and drafting, so as to avoid excessive charges and penalties: our team identifies the origin of the charges without having to file claims, thus maintaining the good relationship between the contractors.
Contract management is also indispensable in pre-litigation, whenever amicable solutions are not feasible, in order to gather material for claims and counterclaims.