Latin Layer 250
27.02.2018
L O Baptista Advogados’ marked its first full year as an independent entity in 2017 since the São Paulo firm and its former Rio de Janeiro-based merger partner Schmidt, Valois, Miranda, Ferreira, Agel Advogados agreed to go their separate ways. Both firms insisted that reverting to their legacy structures would resolve numerous conflicts of interest that would ultimately bring each more work. Such a move was not without risk. At a time when several larger firms in São Paulo were aggressively hiring to add capacity and scale within a handful of fast-growing practice areas, some speculated whether a smaller, albeit newly independent firm, would have the size or standalone reputation to compete for high-profile corporate and arbitration work.
If L O Baptista’s claims are to be believed, the firm’s first year should go a long way to silencing these sceptics. Unencumbered by its former conflicts of interest, several new clients hired the firm in 2017. Strong growth in the tax department also led the firm to promote two associates to partner at the start of the year, while Brazil’s improving economic climate led to an uptick in M&A work in the last quarter. Although the firm lost much of its energy and natural resources capabilities following its split with Schmidt Valois, it retains a busy group of infrastructure lawyers in São Paulo and is developing a consultancy offering alongside disputes targeted at its energy clients, most of which are concentrated in the renewables sectors.
Better-than-expected profitability across its core practice areas also allowed the firm to tweak its bonus structure in 2017 – the second time in two years – to make it more generous and hire a career coach to provide more tailored career paths for its lawyers. Both measures build on the creation of partner committees designed to increase the participation of senior members of the firm in administration duties. Today, having reached a headcount it beleives is sufficient to cater to the demands of its clients, LO Baptista says the plan for the coming year is to consolidate its core practice areas and continue to strengthen and modernise its internal procedures. Many within the firm no doubt hope the success of its first year becomes the rule rather than the exception.
Clients
Among the high-profile names on L O Baptista’s client list are engineering conglomerate Camargo Corrêa, French industrial component manufacturer Vallourec, Brazilian holding company Grupo Silvio Santos and sugar cane energy company São Martinho.
PRACTICE AREAS
Arbitration
Key partners: Adriana Braghetta, who is vice-president of the International Counsel for Commercial Arbitration (ICCA) and former chair of the Brazilian Arbitration Committee, Mauricio Almeida Prado and Fernando Marcondes, who is founder and president of the Brazilian Institute of Construction Law and vice-president of the Rio de Janeiro section of the infrastructure law commission of the Brazilian Bar Association, jointly lead the department. Silvia Bueno de Miranda, Rafael Francisco Alves and Paulo Macedo Garcia Neto were promoted to partner in 2016. Braghetta, Alves and Marcondes come recommended in LACCA Approved.
Analysis: L O Baptista retained the bulk of its arbitration department following its separation within Schmidt, Valois, Miranda, Ferreira, Agel Advogados in 2016; including several partners considered to be among the arbitration elite in Brazil. Among these is Braghetta, who has a particularly high standing within the Brazilian arbitration community, not least due to her presidency of the Brazilian Arbitration Association and role as co-vice president of ICCA. She was part of the special committee appointed by the Brazilian Senate in 2012 to reform the country’s Arbitration Act, which was enacted last year. She and Prado earn glowing praise from one client who notes the respect afforded to them by their peers; not least for their outstanding performance on international arbitrations. The firm says it has a current caseload of 40 pending arbitrations valued over US$25 billion.
Litigation
Key partners: Practice co-heads André Camerlingo Alves, who has a respected practice including corporate and IP disputes, and André Mendes do Espírito Santo, who also oversees the firm’s stand-alone fashion law practice.
Analysis: L O Baptista’s litigation practice is held in high regard by clients and rival firms alike for its considerable experience assisting clients on contentious cases, particularly those involving corporate and international trade elements. Civil class action suits, enforcement suits and administrative proceedings involving environmental litigation, have also kept the department’s lawyers busy in recent years. A broad client list includes foreign and domestic companies from the technology, construction, energy and retail sectors. Canon, a Japanese manufacturer of cameras and imaging equipment, is one example of a long-standing client and currently relying on the firm to handle more than 40 lawsuits currently before the Brazilian courts. Commercial cleaning franchiser Jani King and BNP Paribas’ consumer credit subsidiary Cetelem are other companies to rely on the team for case involving the beach or termination of contracts.
Trade
Key partners: Daniela Zaitz now heads the practice after Cynthia Kramer left the firm to become an independent practitioner in 2017. Mauricio Almeida Prado is another key figure.
Analysis: L O Baptista’s international trade practice can boast a fine pedigree, having cut its teeth advising the Brazilian Ministry of Foreign Affairs for four years, including before the WTO. The team continues to display a productive working relationship with the ministry and regularly interfaces with it on behalf of foreign and local clients. Two recent antidumping cases considered by the Brazilian government involved imports of products from Germany and China.
Administrative law
Key partners: Patricia Agra Araujo, who previously worked at Brazil’s Competition Authority CADE and joined the firm in 2016; and Sueli de Freitas Veríssimo Vieira, who comes recommended in LACCA Approved.
Analysis: L O Baptista’s administrative law practice was weakened by the decision to split with its former merger partner and revert to its legacy formation. Following the division, Schmidt Valois retains the strong oil and gas regulatory offer based in Rio, leaving this firm with a small team based in São Paulo. Nevertheless, this has not diminished the quality of the department. Long-standing member Vieira continues to win positive reviews from clients, particularly those in the pharmaceutical and cosmetics sectors, while the addition of Araujo brings more than 20 years’ experience in competition, compliance and regulatory matters into the department, including first-hand experience working at CADE and the now-defunct Secretariat of Economic Law.
Corporate and M&A
Key partners: Daniela Zaitz, who is a high-profile member of the team and comes recommended in LACCA Approved. Marta Rodrigues and Sueli Vieira are also prominent, the latter for regulatory work. Other key names are newer partners Cássia Monteiro, Esther Jerussalmy Cunha and Renata Castro Veloso.
Analysis: L O Baptista’s São Paulo-based corporate team built its solid reputation in the market by providing top-quality assistance to a set of loyal clients on a broad spectrum of matters. Following its separation from its Rio de Janeiro former merger partner in 2016, this reputation is undiminished. The team remains strong and continued to prove itself an indispensable partner to host of companies on corporate matters. For example, a recent mandate saw the team assist pyjama and socks chain Puket on its sale to retail company Imaginarium by the company’s owners Malwee. Clients continue to profess themselves to be extremely satisfied with the service provided by the team.
Top deals
Most recent deals
Labour
Key partners: Practice head Fábio Chong de Lima
Analysis: L O Baptista’s labour practice is based in São Paulo and provides consultancy and litigation services to clients drawn from the construction, energy and retail sectors, among others. Work handled by the team includes assisting a French law firm on profit-sharing practices in the aviation industry and helping a local client structure a variable compensation plan and successfully negotiate with the workers’ union.
Fonte: https://latinlawyer.com/ll250/firms/1132167/l-o-baptista-advogados
