Carvalho e Fonseca has high expertise in judicial and arbitration disputes, especially in the following litigations:

  • Business litigation arising from M&A contracts.
  • Conflicts between partners.
  • Disputes involving the breach of business contracts.
  • Tax disputes.
  • Disputes in regulatory matters in the infrastructure sectors.
  • Dispute involving construction contracts with the participation of public entities.

Our firm is prepared to advise our clients in the planning and execution of corporate restructuring, offering a systemic view of all legal aspects involved in the proposed corporate models, in a multidisciplinary way. Advice includes drafting contracts, memoranda of understanding and protocols of intent related to mergers and acquisitions (M&A); planning and operationalization of corporate reorganization operations, such as spin-offs, incorporations and corporate transformations; the preparation of the acts of the ordinary corporate secretariat (minutes and their respective records); as well as advising the Executive Board and Board of Directors in Ordinary and Extraordinary Shareholders’ Meetings and Board of Directors’ Meetings.

Carvalho e Fonseca also prepares legal opinions and legal opinions, analyzing the regulations applicable to the specific sectors of each commercial activity, having a multidisciplinary team capable of participating in negotiations and due diligence procedures, analyzing the risks of operations in all aspects.

Carvalho e Fonseca has extensive experience in representing the multiple interests involved in company reorganization processes, judicial reorganizations and bankruptcies, advising the parties involved, be they creditors, debtors or related parties.

Our firm is also active in the corporate reorganization of companies in crisis or in the planning of corporate alternatives for the acquisition and sale of companies in financial difficulties. It also acts in the recovery of credits against companies in the process of recovery or bankruptcy, foreclosures against the main debtor and co-obligors, and other legal measures aimed at preserving the credit.

More than analyzing the risks inherent in contracting, Carvalho e Fonseca’s team has been dedicated to the constant study of the economic effects that the legal regime adopted by the contracts can generate on their clients’ businesses. The objective is always to format the business under the best legal-contractual model, reconciling financial interests and the lowest tax, regulatory, environmental risk, among other aspects.

As a result, our experience in drafting and negotiating the most diverse types of contracts is a factor that greatly contributes to our clients having security and efficiency in the most diverse contractual relationships.

In addition to acting in tax litigation, both at the administrative and judicial levels (at the federal, state and municipal levels), Carvalho e Fonseca works intensively in tax consultancy and advisory services for individuals and legal entities, able to participate in all stages of their business , from planning to operationalization.

Carvalho and Fonseca’s role in strategic tax management also includes the analysis and diagnosis of the tax matrix of companies in operation, with a view to pointing out opportunities or risks of their tax procedures in force, as well as verifying the need and/or feasibility of questioning the constitutionality or legality of taxes, requests for repetition or compensation of tax undue payments, as well as defense in the administrative and judicial spheres against tax assessment notices, in addition to formal consultations with federal, state and municipal authorities, and requests for special regimes.