Bichara e Motta Advogados has a Department of Civil and Commercial Litigation specialized in corporate, business, sports, consumer, family, probate and civil liability disputes. The firm also represents clients in arbitration and mediation procedures, offering preventive advice in relation to different types of disputes.
The firm advises clients in proceedings throughout Brazil by means of a network of permanent associate firms in all its states, as well as internationally through associate firms, which allows the monitoring of proceedings and claims abroad efficiently.
Bichara e Motta Advogados’ practice in litigation and dispute resolution involves:
- Representing clients before State and Federal Courts, as well as monitoring of judicial and administrative proceedings;
- Representing clients in national (CCBC, AMCHAM, FIESP) and international (ICC-Paris, LCIA-London, CAS-Lausanne, CAM-Madrid etc.) arbitration proceedings and other alternative dispute resolution mechanisms, such as mediation, dispute boards, Med-Arb, Dispute System Design, conciliation etc.;
- Drafting, filing and monitoring of appeals before the State Courts, Federal Regional Courts and before Brazil’s Superior Courts in Brasilia;
- Performing due diligence of judicial and administrative proceedings;
Providing consultation and legal opinions in Civil and Commercial Law.
Bichara e Motta Advogados was the very first law firm in Latin America to establish a seat specialized in sports and entertainment. The firm is nowadays comprised of skilled attorneys with extensive experience in the sports area. The team is familiarized with the most frequent market transactions to ensure its clients always receive high quality and personalized services, being one of the most active and recognized worldwide for its outstanding services. Our sports and entertainment team has been repeatedly recognized by both Whos’Who Legal and Chambers & Partners for its services in the sports fields.
Relying on the flexibility of a taylor-made-law-firm, Bichara e Motta Advogados is prepared to fulfill the demands of athletes, agents, clubs, federations, sports governing bodies, investment funds and companies involved in the sports business.
The firm has an innovative way of offering preventive consultancy, by providing consultation, advice and corporate and labor planning to its customers, as well as a remarkable role in litigation and dispute resolution, working on contractual, commercial, disciplinary and doping issues. Noteworthy are the following services:
- Representing clients in disputes before FIFA, the Court of Arbitration for Sport (CAS) and international sports federations such as: equestrian sports (FEI), athletics (IAAF), volleyball (FIVB), basketball (FIBA), tennis (ATP), judo (IJF) among others;
- Expertise in contractual and disciplinary disputes, involving doping, match fixing, fraud in sport, issues related to sports bodies’ governance, eligibility and selection of athletes in sports competitions;
- Assistance in several sports, primarily football. equestrian sports, voleyball, basketball, tennis, athletics and motorsports;
- National and international transfers of athletes;
- Negotiating economic and federative rights of players;
- Structuring of investments in football;
- Drafting contracts of employment, sponsor and athletes’ image release, use and exploitation;
- Drafting sponsor contracts and brand licensing contracts;
- Drafting and revising sports federations’ statutes;
- Negotiating broadcast of sporting events contracts;
- Drafting sponsorship contracts for clubs, tournaments, and projects for financing sport organizations;
Advice regarding tax incentive mechanisms in Brazil and abroad for holding sporting events (Brazilian Sports Incentive Law).
Bichara e Motta Advogados provides legal advice in all aspects of business law, especially in the corporate, contract, commercial and compliance areas.
Experience, efficiency and objectivity together with a careful analysis of the risks involved contribute to the success of the services provided to our clients.
The firm offers the following services, among others, in the business field:
- consulting, negotiating and closing of local or international contracts, including supply, distribution, commercial representation, provision of services, loans and guarantees, factoring and franchising, turn key contracts, among others;
- advising on the purchase and sale of equity interests, assets and commercial establishments; incorporation and liquidation of corporations and limited liability companies;
- monitoring corporate activities and routines, shareholder meetings, board of directors’ meetings, organization of corporate books, etc.;
- planning and implementing corporate reorganizations, including negotiation of shareholders’ agreements, acquisitions, spin-offs, mergers, joint ventures, consortia, incorporation of shares, conversion of shares, transformation of corporate format, liquidation, divestments and other business deals and management duties;
- estate and/or family planning;
- real estate property contracts;
- representing clients before state and federal regulatory agencies on contracts with the Public Administration, advising them on public bids and administrative and judicial processes related to issues of Administrative Law; and
- Our client portfolio is diverse and includes private equity funds and companies of large, medium and small sizes, as well as individuals (athletes, celebrities and others). Among our corporate clients, we highlight those who work in the areas of navigation and in the oil and gas sector, salt producers and food distributors.
Bichara e Motta Advogados has a Labor and Social Security Law department that acts both in defending the rights of employees and service providers, as well as of employers and customers. We offer personalized and integrated service by analyzing every legal aspect of its operations and advising on traditional labor and social security matters.
The firm acts both in the preventive and advisory area as well as in litigation before all organs and levels of Brazilian labor courts, regional courts, unions, and associations to find the best solutions for our clients’ needs.
Bichara e Motta Advogados has a dynamic way to perform in collective bargaining and national labor union negotiations.
Our labor law team also includes specialists in sports labor law, which advise Brazilian and foreign athletes and various sports associations throughout Brazil, based on their experience from working in some of the most key transactions in sports labor law in recent years.
Bichara e Motta Advogados has extensive experience in the entertainment industry, particularly with the legal and negotiable aspects of the music and television industries.
With a team of specialists in those areas, Bichara e Motta Advogados provides legal advice to all individuals related to the music field such as singers, bands, music producers, composers, instrumentalists and distributors. The firm also advises actors, media celebrities, directors, producers, scriptwriters and agents in the television industry.
Based on its philosophy of personalized service and the flexibility that only a specialized firm can provide, Bichara e Motta Advogados understands and respects its clients’ artistic needs. In response, the team quickly and professionally reacts by organizing and protecting every aspect of their business activities so the client can focus on the essence of their artistic works.
Particularly, the following services are provided by the law firm with respect to Music and TV law:
- Organizing business activities related to professionals in the music and TV industries, in order to create and maintain an efficient corporate and tax structure;
- Drafting and reviewing labor contracts, as well as image and voice release agreements for actors and singers;
- Creating legal mechanisms aimed at protecting the author rights and intellectual property of singers and actors.
- Drafting and reviewing of sponsorship and brand licensing agreements;
- Drafting and reviewing contracts of production, co-production and recording distribution, pre-sale, and licensing of audio and video tracks rights;
- Drafting and reviewing ancillary contracts related to the provision of services, leasing of spaces, insurance companies and unions of professional categories;
- Tours, concerts and CD/DVD recordings;
- Providing regulatory advice for proceedings and authorizations before the Brazilian Cinema National Agency (ANCINE);
Providing advice and representation in disputes arising out of the music and TV industries such as counterfeiting, unauthorized use of brands, voice and/or image, as well as disputes related to intellectual property rights and commercial transactions.
Bichara e Motta Advogados provides legal advice in advertising, cinema, television, advertising, live events and exhibits, as well to the related personalities such as producers, directors, audiovisual distributors, actors, screenwriters, writers, agents, photographers and other professionals associated with these fields. The firm’s services include advising at all levels: from production to the distribution of contents; advising on corporate and financial structuring of projects, as well as in the contracts related to these projects; and in the protection of intellectual property and interaction with the Brazilian Cinema National Agency (ANCINE) and other regulatory bodies.
Bichara e Motta Advogados practice in audiovisual involves:
- Organizing business activities related to the professionals of the audiovisual and entertainment industries, in order to create and maintain an efficient corporate and tax structure;
- Drafting and reviewing image rights contracts related to celebrities from the entertainment industry;
- Advising on available tax incentive mechanisms in Brazil and abroad aiming at making audiovisual productions feasible;
- Drafting and reviewing of contracts related to audiovisual activities such as co-production, distribution, pre-sale of rights, investments, as well as all ancillary contracts related to the provision of services, leasing of spaces, insurance companies and unions of professional categories;
Providing regulatory advice before ANCINE.
Bichara e Motta Advogados advises important personalities of the fashion and luxury industries, such as designers, specialized business, franchisors and franchisees, models, agents, as well as textile industries, by offering legal advice from the conception of the pieces and products, including import of items produced abroad, until the final distribution and sale of their high end goods.
Relying on its flexibility feature and interpersonal relationships with clients, Bichara e Motta Advogados acts as a partner whose concern is to organize the business activities of its clients efficiently and securely, always looking for innovative ways to meet the demands of dynamic markets such as those in fashion and luxury.
Bichara e Motta Advogados areas of expertise in fashion and luxury law include:
- Preparing commercial contracts involving licensing of trademarks, franchises, commercial representation, distribution, e-commerce, import of goods and sponsorships;
- Protecting copyright and intellectual property of designers and companies;
- Protecting the launching of new collections;
- Organizing the business activities of the fashion industry professionals, such as designers, models and agents, always searching for an efficient corporate and tax structure;
- Advising on disputes involving forgery, counterfeiting, trademark misuse and unauthorized copying;
- Assisting in organizing events and fashion shows;
- Advising on labor law issues in the fashion industry and representation of clients in labor procedures and litigations;
- Preparing employment and sponsorship contracts, as well as contracts of assignment, use and exploitation of image of models.
Bichara e Motta Advogados advises galleries, museums, institutions, auction houses, artists, photographers, as well as national and international merchants, providing individual and customized legal advice related to the various transactions that are involved in the world of arts, and cultural projects commonly developed in this sector.
By understanding and respecting its clients’ environment, the firm organizes and protects their clients’ business and legal affairs by interacting, communicating and promoting interests worldwide in order for the artist to focus on the essence of their works.
The firm interacts, collaborates and advises personalities from the art environment, making it possible for them to organize their business activities efficiently and safely, so that they can focus in the essence of their work.
Bichara e Motta Advogados’ practice in arts involves:
- Organizing business activities related to professionals of the arts industry, aiming the creation and maintenance of an efficient corporate and tax structure;
- Purchases, sales and loans of art works;
- Drafting and reviewing of typical contracts of this field;
- Procuring insurance for pieces of art, collections, exhibitions etc.;
- Licensing of brands and artworks;
- Importing and exporting pieces of art;
- Structuring of cultural projects and fundraising;
- Advising on tax incentive mechanisms, whether in Brazil or abroad, for the organization of arts and cultural events (Brazilian Culture Incentive Law);
- Securing relationships between galleries and artists;
- Structuring of national and international exhibitions;
- Creating legal mechanisms aimed at protecting the artists’ rights and intellectual property of artists.
Providing advice and representation of clients in litigations involving counterfeiting, unauthorized use of brand as well as in other issues related to the art industry;
Internet and social media are constantly redefining the interaction between people and the way of doing business. This constant change requires attention, flexibility and special precautions, which our firm is ready to provide.
Bichara e Motta Advogados’ areas of expertise in Digital Law and Innovation include:
- Organization of business activities, in search of an efficient corporate and tax structure;
- Preparing commercial contracts involving the development and licensing of software, apps, and copyrights;
- Legal advice on preparing contracts with publicity agencies for the development of campaigns on social networks and/or the hiring of services;
- Protection of domain names, software and trademarks;
- Assisting in judicial and administrative dispute resolutions in views of protecting and seeking domain names;
- Action against fake profiles and profiles that violate individual rights on social networks;
- Legal measures seeking the acquisition of user data, aiming to restrain abuses practiced on the network.
The protection of the visual identity is crucial to grant exclusivity for an area of expertise. Our firm acts on all stages of trademark and industrial designs protection, both on the administrative and the judicial branches.
Bichara e Motta Advogados’ areas of expertise in Industrial Property include:
- Monitoring of all stages regarding the trademarks, starting from its conception to the enforcement of the rights resulting of its registration;
- Elaboration of a strategic plan in order to prevent and repress any violations of industrial designs;
- Research on the availability of distinctive names and signs in order to verify their exclusivity and avoid possible collisions;
- Registration and monitoring of trademark applications and registrations in Brazil and abroad;
- Legal advice for the drafting and revision of contracts involving licensing of copyrights.