Brazil

Clients rely on our significant knowledge of cross-border issues to guide them through a wide range of complex legal matters. Our multipractice team has worked directly with Brazilian companies and multinational corporations across various industries to ensure efficient and successful U.S. operations.

International Trade

Obtained three favorable decisions on behalf of Brazilian steel producer USIMINAS before the U.S. International Trade Commission (ITC) in the sunset reviews of antidumping and countervailing duty orders concerning certain cold-rolled steel, hot-rolled steel, and steel plates produced in Brazil. In all three cases, Brazil was one of several countries under review but the only country to receive a favorable determination from the ITC.
Advising a major Brazilian producer and exporter of poultry and meat products on license applications to the U.S. Department of the Treasury’s Office Foreign Assets Control (OFAC).
Advised a major Brazilian fertilizer producer on U.S. sanctions laws.
Advised a major Brazilian chemical supplier on international supply contract and labor matters.
Obtained the lowest antidumping rate among Brazilian exporters for a Brazilian producer/exporter in the antidumping investigation on PET resins from Brazil with the U.S. Department of Commerce. Also assisted the company in submitting the questionnaire before the ITC, which reached a negative determination of injury, allowing the client to export to the United States without antidumping duties.
Represented ARLANXEO in an antidumping duty proceeding involving emulsion styrene-butadiene rubber from Brazil before the U.S. Department of Commerce and ITC.

Transactions

Representing Grain Management LLC, a leading private investment firm focused on broadband technology and the global communications sector, in the acquisition of Conexão Group, one of Brazil’s largest and fastest-growing high-speed internet service providers.
Represented Finland-based Nokia in a $415 million acquisition transaction in Brazil.
Represented a U.S. provider of enhanced telecommunication services in joint ventures in Brazil and Argentina.
Established manufacturing joint ventures and acquisitions of manufacturing operations by a leading U.S. manufacturer in Mexico, Brazil, Argentina, and the Philippines at an aggregate investment exceeding $100 million.
Represented Riverwood International Corporation in the $100 million sale of its interest in Brazilian operations to Brazilian-owned Suzano de Papel e Celulose and acquisitions by Riverwood in Spain and France.

Represented a Puerto Rican wireless paging company in a merger and share exchange exceeding $60 million, creating the largest wireless paging provider in Latin America, and subsequent expansion and acquisition program in Latin America, including Argentina, Brazil, and Mexico.
Represented a U.S. kaolin company (owned by French interests) in the purchase of a major interest in a mining facility under construction in Brazil from the current German owner at a total project cost exceeding $150 million with subsequent equity investment by a Japanese company.
Represented Bahamian corporate owners in the sale of franchise rights for theme restaurants in Argentina, Brazil, Chile, and the Bahamas to a Mexican public company.
Drafted technology licensing, distribution, and manufacturing agreements between a U.S. specialty vehicle manufacturer and major industrial companies in Mexico, Brazil, Costa Rica, Eastern Europe, and Saudi Arabia.
Represented a French-German joint venture in Brazil in Brazilian pre-export debt financing exceeding $165 million funded by Japanese, French, and German banks secured by Brazilian mine and mining rights pursuant to complex transnational intercreditor arrangements.
Represented a French company investor in forming a Brazilian joint venture with German, Brazilian, and Japanese partners to provide $200 million in project financing for mining operations in the Brazilian Amazon Basin.
Representing Umbro International in global manufacturing, licensing, acquisition, and promotional agreements, including in Australia, Brazil, Canada, Chile, Japan, Mexico, the Netherlands, and the United Kingdom.

International Arbitration

Representing a Brazilian general contractor in an LCIA arbitration concerning the construction of a highway in Trinidad & Tobago. Claims and counterclaims exceeded $360 million and involved a three-week evidentiary hearing in 2022 involving 16 fact and expert witnesses.
Representing Eucatex, an American subsidiary of a Brazilian manufacturer of forestry products, in connection with an American Arbitration Association proceeding in New York involving a breach of contract claim asserted by Eucatex’s exclusive American distributor.
Representing the large French multinational Imerys in numerous antitrust filings and related administrative proceedings in Brazil.

IP Litigation

Represented Nokia Technologies, a world leader in communication technology R&D, against the world’s largest computer and tablet supplier, Lenovo. Nokia asserted 10 patents related to H.264 video coding. Eventually, the dispute involved as many as 29 patents in litigation pending in the ITC, U.S. District Court for the Northern District of California, U.S. District Court for the Eastern District of North Carolina, and courts in Brazil and Germany.

Government Contracts

Advised a multinational technology, strategy, and outsourcing firm doing business in the United States and 55+ countries on the debarment regimes in various countries around the world, including the United States, Canada, UK, France, Australia, and Brazil.

Trademark and Copyright

Managing the prosecution and enforcement of NASCAR’s worldwide trademark portfolio. We also manage the prosecution and defense of NASCAR’s famous DAYTONA trademark, which NASCAR uses in connection with the Daytona Motor Speedway, one of the most famous racetracks in the world, and the DAYTONA 500, one of the largest, richest, and best-known automobile races in the world. We register and maintain trademark registrations for the client in more than 90 jurisdictions around the world, and we are currently representing NASCAR in opposition proceedings and adversarial matters around the world, including in Brazil and the EU.

Financial Services

Advised U.S. Bancorp and its affiliates on various financial services products in Brazil, including a credit card processing alliance, B2B payments, and commercial card issuance.
Advising the largest credit and debit card operator in Brazil on matters relating to its U.S. payments business, including that of its wholly-owned e-payment platform subsidiary.
Advised the world’s largest social network on negotiating local partner arrangements for launch of mobile P2P and P2M services in Brazil.

Contacts

Anthony M. Balloon

Partner

Atlanta

Phone: +1 404 881 7262

Email: tony.balloon@alston.com