International Corporate / M&A – Brazil – Daniel Toledo

Daniel Toledo – Lawyer & Partner

• Daniel Toledo is a highly qualified and experienced lawyer with more than 22 years’ experience in international law, international contracts and international arbitration;
• Throughout his career, Daniel has stood out for his dedication and ability to provide effective and personalised legal solutions to his clients;
• In addition to his professional practice, Daniel is known for his commitment to ethics and justice, always seeking the best resolution for the cases he handles.

Toledo e Advogados Associados

• Toledo e Advogados Associados is a renowned law firm recognised for its excellence in providing legal services to international clients;
• Founded by Daniel, the firm has a team of specialised lawyers offering high-quality and personalised service;
• The firm’s mission is to provide efficient legal solutions, meeting the specific needs of each client with ethics, transparency and professionalism;
• The services offered include legal consultancy, representation in judicial and administrative processes, as well as advisory in negotiations and contracts.

Services Offered:

1. Corporate Law:
o Advisory on commercial contracts;
o Consultancy in M&A;
o Corporate restructuring.

2. Immigration Law
o We provide legal advice for all those who wish to work and live legally in Brazil;
o We also provide legal services in all consular processing visas to the US, Europe and Canada.

3. Civil Law:
o Indemnification actions;
o Family and succession law;
o Civil contracts.

4. Tax Law:
o International tax planning;
o International tax litigation;
o Fiscal consultancy.

In Brazil, we only have the federal legislation that applies to our services. Therefore, there are no neighbouring jurisdictions.

At Toledo e Advogados Associados, our current workflow is structured to provide comprehensive and efficient legal services tailored to the evolving needs of our clients. This includes:

Client Intake & Consultation:
• Initial consultations to understand the client’s needs and objectives;
• Thorough analysis of the client’s legal issues to determine the best course of action.

Case Management:
• Assignment of a dedicated legal team to each case, ensuring specialised attention and expertise;
• Development of a customised legal strategy to address the client’s specific concerns.

Research & Analysis:
• In-depth legal research to support case strategies;
• Continuous monitoring of relevant legal developments and precedents.

Documentation & Filing:
• Preparation and review of legal documents, contracts and filings;
• Ensuring compliance with all regulatory and procedural requirements.

Client Communication:
• Regular updates to clients on case progress and developments;
• Transparent and responsive communication to address client queries and concerns.

Negotiation & Representation:
• Skilled negotiation to achieve favourable outcomes for clients;
• Representation in judicial and administrative proceedings, if necessary.

Post-Resolution Follow-Up:
• Evaluation of case outcomes to ensure client satisfaction;
• Providing ongoing legal support and advice as needed.

Corporate Matters Clients Are Bringing to Us:
• In the current climate, our clients are primarily bringing the following types of corporate matters to us:

M&A:
• Clients are seeking advice on merging with or acquiring other companies to expand their market presence and capabilities.

Corporate Restructuring:
• Businesses are restructuring to optimise operations, reduce costs and enhance efficiency in response to economic pressures.

Regulatory Compliance:
• Companies require assistance in navigating complex regulatory landscapes and ensuring compliance with new laws and regulations.

Commercial Contracts:
• Drafting, reviewing and negotiating contracts to ensure they protect the interests of the business and mitigate risks.

Data Privacy & Security:
• With increasing data breaches and cyber threats, clients seek guidance on implementing robust data protection measures.

Tax Planning & Strategy:
• Developing tax-efficient structures for businesses and individuals to minimise tax liabilities;
• Advising on tax implications of business transactions, investments and financial planning.

Corporate Tax Compliance:
• Ensuring that businesses comply with all relevant tax laws and regulations;
• Assisting with the preparation and filing of corporate tax returns.

Tax Disputes & Litigation:
• Representing clients in disputes with tax authorities;
• Handling tax audits, appeals and litigation to resolve tax controversies.

International Taxation:
• Advising on cross-border transactions and the tax implications of international operations;
• Assisting with transfer pricing, double taxation treaties and expatriate tax matters.

M&A Tax Issues:
• Conducting tax due diligence for mergers, acquisitions and divestitures;
• Structuring transactions to achieve optimal tax outcomes.

Real Estate Taxation:
• Advising on the tax implications of real estate transactions, including acquisitions, sales and leasing;
• Assisting with property tax assessments and appeals.

Estate & Gift Tax Planning:
• Developing strategies to minimise estate and gift taxes;
• Advising on the tax implications of trusts, wills and inheritance.

Indirect Taxes:
• Advising on customs duties, excise taxes and other indirect taxes;
• Assisting with compliance and planning to reduce the impact of indirect taxes on business operations.

Work Visas & Permits:
• Assisting businesses and individuals in obtaining work visas and permits to Brazil, the US, Europe or Canada;
• Advising on the requirements and processes for various work visa categories.

Family-Based Immigration:
• Helping clients with family-sponsored immigration petitions, including spouse, parent and child visas;
• Assisting with the adjustment of status and consular processing for family members.

Green Cards & Permanent Residency:
• Guiding clients through the process of obtaining permanent residency through employment, family or other eligible categories;
• Handling applications for consular processing.

Citizenship & Naturalisation:
• Advising on the requirements and process for obtaining citizenship;
• Assisting clients with preparing and filing naturalisation applications.

Business & Investor Visas:
• Helping entrepreneurs and investors secure visas;
• Immigrant investor visa;
• Advising on the legal and financial requirements for business and investor immigration.

Student & Exchange Visitor Visas:
• Assisting students and exchange visitors with obtaining visas;
• Advising on the requirements and processes for maintaining visa status and obtaining work authorisation.

Deportation & Removal Defence:
• Representing clients facing deportation or removal proceedings from Brazil;
• Providing legal defence and assistance with appeals, motions to reopen and cancellation of removal.

Asylum & Refugee Status:
• Assisting clients in applying for asylum and refugee status based on fear of persecution in their home countries;
• Advising on the legal requirements and processes for asylum and refugee applications.

Waivers of Inadmissibility:
• Helping clients obtain waivers for grounds of inadmissibility, such as criminal convictions or immigration violations;
• Advising on the eligibility and application process for various types of waivers.

By staying attuned to these trends and maintaining a client-centric approach, Toledo e Advogados Associados continues to provide valuable and effective legal solutions to meet the dynamic needs of our corporate clients.

For Toledo e Advogados associados, understanding the impact of external factors on M&A activity is crucial for several reasons:

1. Strategic Advisory:

Informed Guidance: By staying informed about how inflation, supply chain issues, political uncertainty, security risks and energy pricing affect M&A, we can provide our clients with informed and strategic advice. This helps them navigate complex transactions and make decisions that align with their long-term objectives.

Risk Mitigation: Our ability to identify and assess potential risks associated with these external factors allows us to develop strategies to mitigate them, ensuring smoother transactions and minimising unexpected complications.

2. Enhanced Due Diligence:

Thorough Analysis: Understanding the impact of these factors enables us to conduct more comprehensive and focused due diligence. We can delve deeper into specific areas of concern, such as supply chain vulnerabilities, regulatory risks and cybersecurity threats, providing our clients with a clearer picture of the target company’s risk profile.

Valuation Accuracy: By considering the influence of external factors on the target company’s financial health and operational stability, we can more accurately assess valuations, ensuring our clients are making sound investment decisions.

3. Tailored Solutions:

Customised Strategies: Each M&A transaction is unique, and external factors can affect differing industries and companies in varied ways. Our understanding of these influences allows us to tailor our legal strategies to address the specific challenges and opportunities presented by each transaction.

Sector-Specific Expertise: Certain industries are more sensitive to such factors as energy pricing and supply chain disruptions. Our expertise in these areas enables us to offer specialised advice that is particularly relevant to clients operating in these sectors.

4. Client Confidence:

Building Trust: Demonstrating our awareness and understanding of current market conditions and external influences builds client confidence in our ability to manage their transactions effectively. This trust is essential for fostering long-term client relationships.

Proactive Communication: Keeping clients informed about how these factors may impact their transactions helps manage their expectations and prepares them for potential challenges, enhancing the overall client experience.

5. Competitive Advantage:

Staying Ahead: In a competitive legal market, our ability to anticipate and respond to the impact of external factors on M&A activity gives us a distinct advantage. It positions us as a forward-thinking and proactive firm capable of navigating complex transactions.

Reputation for Excellence: Our track record of successfully managing transactions affected by these external influences enhances our reputation for excellence, attracting new clients and reinforcing our standing in the legal community.

It is definitely international contracts and immigration, and this is triggered by numerous factors, such as the global economy, as well as political instability, among others.

Yes – I work for two of the 10 largest oil & gas companies in the US. We believe they hired us because we have one of the best structures to meet their legal and contractual demands across various states in Brazil, along with international partners who can represent them efficiently and promptly.

I believe the most important factor is the relationship between the client and the attorney; and with this good relationship, the client will feel comfortable to share everything we need to know – to prevent problems and to secure the stability of the company.

To ensure a well-informed global advisory scope for clients who are based overseas or have operations in other jurisdictions, I employ a multi-faceted approach that includes building strong international networks, continuous professional development and leveraging technology. The key strategies are as follows:

1. International Network & Partnerships:

Global Law Firm Alliances: We are active members of global law firm networks, which allow us to collaborate with reputable law firms in various jurisdictions. This enables us to provide our clients with localised expertise and support in differing countries.

Cross-Border Partnerships: Establishing and maintaining strategic partnerships with legal and business professionals worldwide. This includes collaborating with accountants, consultants and industry experts who can provide valuable insights into local regulations and business practices.

2. Active Participation in Network Events:

Conferences & Seminars: Attending and presenting at international legal conferences, business summits and industry-specific seminars to stay updated on global trends, legal developments and best practices. These events also provide opportunities to network with peers and potential partners.

Professional Associations: Membership in international professional associations and organisations, such as the International Bar Association (IBA) and the American Bar Association (ABA), which offer access to resources, training and global networking opportunities.

3. Continuous Professional Development:

Specialised Training: Participating in specialised training programmes and courses focused on international law, cross-border transactions and global compliance issues to enhance our expertise and stay current with legal changes in various jurisdictions.

Certifications: Obtaining relevant certifications and accreditations that demonstrate our commitment to maintaining high standards of international legal practice.

4. Leveraging Technology & Resources:

Legal Research Tools: Utilising advanced legal research tools and databases that provide access to up-to-date information on international laws, regulations and precedents.

Virtual Collaboration Platforms: Using virtual collaboration platforms to facilitate seamless communication and coordination with clients and partners across different time zones and geographies.

5. Tailored Client Advisory:

Localised Expertise: Providing clients with tailored advice that considers the specific legal, regulatory and cultural nuances of the jurisdictions in which they operate. This includes conducting thorough jurisdictional analysis and risk assessments.

Regular Updates: Keeping clients informed about relevant legal developments, regulatory changes and emerging risks in their operating regions through regular updates, newsletters and briefings.

6. Client-Focused Strategies:

Customised Solutions: Developing customised legal solutions that align with clients’ strategic goals and operational needs, considering both domestic and international perspectives.

Proactive Engagement: Proactively engaging with clients to understand their global business objectives and challenges, ensuring that our advisory services are aligned with their evolving needs.

7. Compliance & Risk Management:

Global Compliance Programmes: Assisting clients in developing and implementing comprehensive global compliance programmes that address multi-jurisdictional regulatory requirements and mitigate legal risks.

Risk Mitigation Strategies: Advising on effective risk mitigation strategies, including contractual safeguards, compliance audits and due diligence processes for cross-border transactions.

By integrating these strategies, I ensure that our clients receive well-informed and comprehensive legal advice that supports their global business operations and helps them navigate the complexities of international law and regulation.