Anti-Corruption

• We represent Trafigura, the world’s third largest commodity trading company, in connection with allegations that a member of its management board was involved in bribery and money laundering at Brazilian state-run oil company Petrobras. These allegations are related to the Lava Jato scandal in Brazil and extend to multiple jurisdictions.
• We represented Odebrecht in connection with what the U.S. Department of Justice has described as “the largest-ever global foreign bribery resolution.” The criminal resolution resulted from a multi-jurisdictional investigation (Brazil, U.S., Switzerland) arising out of the Lava Jato Operation and involved US$ 788 million in illicit payments to Petrobras officials, Brazilian politicians, and public officials in 12 countries on three continents.  We helped Odebrecht obtain a global fine of less than half of the minimum provided for under the U.S. Sentencing Guidelines, and later negotiated a 20% reduction in the amount owed to the U.S.  Our efforts provided the company with much-needed additional liquidity, staving off financial collapse and bolstering the chances of a return to prosperity.
• We represent the largest meat producer in the world, JBS S.A., its controlling shareholder J&F Investimentos, and J&F’s ultimate shareholders Joesley and Wesley Batista in criminal investigations and civil suits arising out of the Lava Jato and other corruption investigations around the world. Prior to the companies’ engagement of Quinn Emanuel, Brazilian prosecutors, acting unilaterally, imposed a fine of more than R$ 10.3 billion (approximately US$ 3.2 billion), the largest corporate fine for corrupt activity in Brazilian history.
• We were counsel to the Special Committee of the Board of Directors of BTG Pactual S.A., one of Latin America’s largest investment banks, in connection with an internal investigation regarding alleged bribery of Brazilian government officials.
• We represent CONMEBOL in connection with U.S. criminal investigations and prosecutions into allegations of bribery and corruption in the international soccer world. Specifically, Quinn Emanuel is advising CONMEBOL on the investigations and conducting an internal investigation on behalf of the organization.  The United States charged 30 defendants, including a number of past and current CONMEBOL officials, with racketeering, wire fraud, and money laundering conspiracies, among other offenses, in connection with the defendants’ abuse of their positions to solicit bribes from sports marketing companies.  Two of these defendants, including Juan Angel Napout, a past President of CONMEBOL, were convicted after a three-month trial in December 2017.  Quinn Emanuel has worked throughout the engagement to ensure that CONMEBOL was viewed as a victim of the scheme set forth in the indictment, and this work has positioned CONMEBOL to receive a large restitution award from the defendants convicted at trial as well as those who pled guilty prior to trial.
• We are counsel to FIFA in connection with U.S. and Swiss criminal investigations into allegations of bribery and corruption in the international football world. As noted in The New York Times, U.S. law enforcement authorities have described the investigation as “one of the most complicated international white-collar cases in recent memory.”
• One of our partners represented the Government of Brazil in a corruption matter involving former senior government officials and multiple jurisdictions. The Legal 500 highlighted the case, and The Financial Times called it a “landmark” multi-jurisdictional representation.

Cross-Border Civil Litigation and Dispute Resolution

• We represent JBS S.A., the largest meat producer in the world, in multidistrict litigation pending in Minnesota federal court.  The class action cases involve alleged violations of U.S. antitrust laws, unfair competition laws, and consumer protection laws arising out of claims that JBS S.A. and its co-Defendants allegedly participated in a multi-year conspiracy to reduce and maintain U.S. cattle slaughter volumes.
• We represent Hotmart BV, a Brazilian creator marketplace e-commerce company, and its subsidiaries in a class action lawsuit filed in the United States District Court for the Southern District of New York challenging Hotmart’s subscription and renewal practices.
• We represent Marfrig Global Foods, S.A. and its subsidiary (the “Seller”) in a US$ 100 million+ post-closing purchase price adjustment dispute against Tyson Foods, Inc. (the “Buyer”) following Tyson’s multi-billion-dollar acquisition of Keystone Foods from Marfrig. The parties went through a long and complicated post-closing purchase price adjustment in which the Buyer sought to shave over US$ 145 million off the purchase price by attempting to exploit a simple adjustment process to substantially attack the Seller’s prior disclosed accounting processes.  After a long arbitration proceeding that spanned 18 months before an Accounting Firm, with over 300 pages of combined submissions supported by extensive document discovery we obtained in federal court, the Accounting Firm sided with the Seller in 98% of the amounts in dispute.  The parties are currently litigating related disputes in federal court.
• We currently represent StoneCo Ltd., a Brazilian payments company that is publicly listed in the United States, in connection with a shareholder securities class action suit filed in the Southern District of New York. The dispute relates to public filings made in connection with StoneCo’s public listing on the NASDAQ.
• We currently advise a Brazilian company, which is one of the largest petrochemical companies in the world, in a test-case commenced by individuals allegedly impacted by an environmental disaster that took place in Brazil. The allegedly injured parties are expected to file a class action seeking approximately US$ 3 billion in damages.
• We represent Sigma Lithium Corporation, an industry-leading lithium industrial processing company with significant mining and industrial processing operations in Brazil, in litigation against a former director and a former secondee for misappropriation of property, confidential data, and trade secrets.
• We represented multiple plaintiffs including PIMCO Funds, Western Asset Management, Boeing, Roche, Guardian Life, and Kuwaiti Investment Authority in essential federal securities claims concerning the multi-billion-dollar kickback and bribery scandal involving Petrobras and its affiliates, alleged to have caused US$ 30 billion in damage to Petrobras and its securities holders. After less than a year of litigation, we achieved successful settlements for each our clients as part of US$ 353 million in matters and settlements announced by Petrobras.
• We represented Odebrecht in connection with civil litigation flowing from its criminal exposure. We recently won a complete dismissal of all claims against Odebrecht in a civil suit in Washington, D.C. seeking over US$ 200 million in damages stemming from Odebrecht’s participation in the massive Petrobras bribery scheme that has sent shockwaves through Brazil.  In a second civil matter, we obtained a complete dismissal of securities fraud claims against Odebrecht for lack of personal jurisdiction and inadequate control person allegations.
• We represented Companhia Siderúrgica Nacional (“CSN”), a large Brazilian steel company, in a lawsuit against its former Chief Financial Officer in the United States District Court for the Southern District of New York for conversion and declaratory relief relating to CSN’s ownership interest in International Investment Fund. After a two-week trial, and after deliberating for just three hours, the jury awarded CSN a complete victory.  The verdict brought CSN’s three-year dispute with the former executive to a conclusion and affirmed that the approximately US$ 500 million of assets at the center of the dispute belong to CSN.
• We have deep experience representing Brazilian clients seeking to obtain or resist discovery in the United States for use in foreign proceedings pursuant to 28 U.S.C. § 1782 (“Section 1782”). The co-founder of our Section 1782 practice group is the author of the only book on Section 1782 discovery, which has been authoritatively cited by U.S. district and appellate federal courts.  For example, we represented Eldorado Brasil Celulose S.A. (“Eldorado”), a Brazilian paper and pulp manufacturer, in three proceedings in New York, Minnesota, and Connecticut brought by CA Investment (Brazil) S.A. (“CA”) seeking discovery pursuant to Section 1782 in aid of foreign proceedings in Singapore, Brazil, and Austria.  The claims in the foreign proceedings were based on breaches of a share purchase agreement and purported misrepresentations in a subsequent bond issuance.  CA sought discovery from Eldorado USA, Inc., a subsidiary of Eldorado, and several third parties.  Eldorado filed a motion to vacate and quash the subpoenas in all three jurisdictions and CA subsequently withdrew its applications with prejudice.
• We represent Colorado Investment Holdings LLC, JBS S.A., the largest meat producer in the world, its controlling shareholder J&F Investimentos, and J&F’s ultimate shareholders Joesley and Wesley Batista in a Section 1782 proceeding in which we successfully vacated the Section 1782 discovery order and quashed the related subpoenas. The applicant appealed the decision to the District Judge, but the Judge overruled those objections.
• We represented a Brazilian bank in proceedings before the London courts against a worldwide fintech company claiming damages of approximately £15 million due to alleged misrepresentations and breaches of the Brazilian banking regulation. The underlying contract was subject to English law and we provided strategic advice that helped our client settle the case on favorable terms.
• We advised a Brazilian client in a shareholder dispute regarding a large water industry company in Brazil. The strategy developed by Quinn Emanuel, which included court proceedings in Brazil and potentially in Delaware, led the counterparty to accept a favorable settlement with our client.

International Arbitration

• We represent a Brazilian agribusiness company involved in a CAM-CCBC arbitration, seated in São Paulo (Brazil), under Brazilian law, against a Chinese company, regarding a breach of an investment agreement. We were hired to explore potential consequences of the case outside Brazil and, after taking some strategic steps in China, we discovered that the counterparty had violated many Capital Market Regulations.  After we aggressively raised these violations, the counterparty sent a settlement proposal to our client within a week.
• We are advising foreign investors and minority shareholders seeking damages arising from an accounting fraud at a Brazilian reinsurance company. Following its IPO, many foreign investors became shareholders of the company in a follow-on securities sale in 2018/2019.  A few months later, an independent investment management firm discovered a huge accounting fraud at the company.  We have been organizing a group of shareholders and gathering information to start an arbitration against the company for a claim valued at approximately US$ 100 million.
• We advised a major Brazilian energy conglomerate in relation to rights and obligations under certain contracts for the sale and purchase of coal signed with Glencore International AG. QE gave strategic advice and helped the client protect its interests in a potential LCIA arbitration, seated in London, under English law, in which the claim value would be around US$ 30 million.  The case settled on favorable terms for our client.
• We advised a major Brazilian energy company in a US$ 400 million dispute related to contracts signed with a large British company. The contracts were subject to English law and LCIA arbitration seated in London.  QE provided strategic advice and, after months of negotiation, the dispute settled on favorable terms for our client.
• We are advising a litigation funder regarding a potential LCIA arbitration, seated in London, under English law, for breach of contract against Petróleo Brasileiro S.A., Petrobras Venezuela Investments and Services B.V., and Drill Ship International B.V. The claim is based on the breach of a drilling service contract and a capital lease contract signed between the parties.  The claim’s value is estimated at US$ 400 million.
• We represented a Brazilian client in four LCIA arbitrations seated in London, court proceedings in New York, and probate proceedings in Switzerland in a multi-jurisdiction dispute involving US$ many billion in assets located across the globe. The cases arose from a shareholder and family dispute in the banking sector and settled on favorable terms for our client.
• We represented the Odebrecht group of construction companies in a US$ 1.5 billion+ investment treaty arbitration against Peru involving two massive infrastructure projects (including the construction of the largest gas pipeline in Peru), expropriation, and the measures taken by the Peruvian government to the detriment of our client’s projects in Peru.
• We successfully represented Morzan Empreendimentos e Participações Ltda (“Morzan”) in defending an action to set aside a US$ 50 million arbitral award by Wilkes Participações SA and Companhia Brasileira de Distribuição (“CBD”).  The annulment request was dismissed with costs by the Paris court of appeal on 29 May 2018. The case arose out of Morzan’s sale of its controlling shares in Brazilian company Globex Utilidade SA to CBD.
• We represented Barra Energia (“Barra”) in obtaining an Award against Dommo Energia (“Dommo”) confirming that Barra’s Default Notice for non-payment of Cash Calls under an AIPN JOA was valid and that it was not a penalty clause requiring compensation to be paid for the forfeiture of Dommo’s 40% interest in the BS-4 field offshore Brazil. We won “Latin America Deal of the Year” for this case.
• We recently obtained a US$ 720 million arbitral award for Vantage Deepwater Company and Vantage Deepwater Drilling Inc. against Petrobras in an ICDR-AAA arbitration seated in Houston over a deepwater drilling services contract.
• We represented the subsidiary of a Brazilian power generation company in an ICC arbitration against a Chinese solar panel manufacturer.  The dispute related to the largest solar farm project in Latin America and arose from the manufacturer’s non-delivery of solar panel units to Brazil and its invocation of market changes in China. We won the arbitration, commenced enforcement proceedings in multiple jurisdictions, and the counterparty agreed to pay our client approximately US$ 80 million in damages.
• We represented a Brazilian client in proceedings for the enforcement of a Brazilian arbitration award against a Brazilian national in U.S. federal court in Florida. Though the amount in controversy was relatively small, the case involved significant issues of federal jurisdiction and award-enforcement law.  QE successfully defeated the debtor’s motion to dismiss on jurisdictional grounds and converted the arbitral award into a U.S. judgment and, after that, the judgment-debtor agreed to a favorable global settlement with our client.
• We advised a major Brazilian infrastructure concession company in relation to a US$ 1.1 billion cargo infrastructure project at one of the most important U.S. international airports. The client is one of the largest infrastructure concession and mobility companies in Latin America, and QE provided strategic advice and helped the client secure a highly favorable settlement and avoid a potential AAA international commercial arbitration seated in Delaware, under the laws of the State of Delaware.
• We advised the Brazilian branch of one of the largest mining companies in the world in a US$ 800 million dispute regarding a share option agreement.
• We are advising a large Brazilian energy company on a US$ 75 million ICC arbitration regarding tax liability arising from a share purchase agreement.
• We represented Sete Brasil Participações S.A., Brazil’s largest maker of ultra-deep drilling rigs, in a number of multi-billion-dollar disputes arising out of the largest corruption scandal in Brazil’s history.
• We represented a Brazilian holding company that is part of a large Brazilian conglomerate in recognition and enforcement proceedings of a Brazilian Award under the Federal Arbitration Act. The U.S. action was coupled with a pre-judgment writ of attachment due to the debtor’s continued attempts to hide his assets in Brazil and the United States.
• We represented Vinci Partners in a dispute governed by AAA arbitration involving hundreds of millions of dollars in assets in South America and we obtained a favorable outcome for our client.
• We represented a prominent Brazilian businessman in a dispute against a major U.S. healthcare company over breaches of a Share Purchase Agreement subject to an ICC arbitration clause. We helped our client leverage discovery pursuant to Section 1782 (which allows U.S. discovery in aid of foreign proceedings) as part of an overall international litigation and arbitration strategy.
• We represented one of Brazil’s wealthiest businessmen in a dispute against a major Brazilian telecommunications company in proceedings related to an ICC arbitration in Paris.
• We represented the controlling shareholders of a consortium responsible for building one of Brazil’s largest thermoelectric power plants in an ICC arbitration against a European manufacturer.
• We represented Renova Energia S.A., a major Brazilian renewable energy company, in a CCBC arbitration against a U.S. energy company regarding misrepresentations, breach of express warranties, and violations of federal and state securities laws.
• We represented thirteen renewable energy subsidiaries of Brookfield Asset Management (collectively referred to as Elera) in an ICC arbitration arising from a contract dispute with Trina Solar Energy Development Pte Ltd., a Chinese solar panel company, over the supply of solar panels that were critical for the construction of one of the largest solar energy projects in Latin America.  The dispute arose from Trina’s failure to meet its delivery obligations and its invocation of force majeure under the supply agreement.  The Tribunal issued a final award on June 13, 2023 in the amount of approximately US$ 41 million, representing a full victory for our client.
• We advised a Brazilian subsidiary of one the largest steel companies in the world in a dispute valued at US$ 800 million arising from a share option agreement between our client and another Brazilian steel company.

Bankruptcy And Restructuring

• We represented OAS, a Brazilian company involved in engineering, construction, and infrastructure, in three parallel cases in New York federal courts. OAS is in the midst of a judicial restructuring in Brazil, and certain U.S. creditors sued over allegedly fraudulent transfers (among other things) in U.S. courts in an attempt to circumvent the consolidated Brazilian restructuring proceedings.
• We represent Colorado Investment Holdings (“Colorado”) in a chapter 15 adversary proceeding initiated by the foreign representative of Tinto Holding Ltda., a Brazilian agribusiness company, in the United States Bankruptcy Court for the Southern District of Florida. The plaintiff seeks to annul agreements that were executed between Colorado and Tinto Holding and seeks compensation from Colorado for Tinto’s alleged billion-dollar tax liability.  We obtained a dismissal before any discovery had taken place.
• We represent the Reference Shareholders of Americanas S.A., one of Brazil’s largest retailers, in connection with litigation and disputes arising out of Americanas’ January 2023 disclosure of certain accounting inconsistencies.  Americanas is in the midst of a judicial restructuring in Brazil, chapter 15 bankruptcy proceedings in New York, class action arbitrations in Brazil, and several regulatory investigations in Brazil, as well as recently closed congressional investigations.  QE has provided strategic advice across all proceedings including with respect to potential spin-off litigation in the United States.

Deep Commitment to Clients and the Region

Quinn Emanuel consistently demonstrates its commitment to its Brazilian clients.  Our attorneys visit Brazil regularly to meet with Brazilian companies, business leaders, and lawyers.  We have held many events in Brazil, including our popular “Demystifying the U.S. Jury Trial” Program in São Paulo and Rio de Janeiro, which demonstrates U.S. litigation procedures through a U.S.-style mock jury trial.  We also regularly hold webinars on Brazil-focused topics, as well as joint webinars with Brazilian law firms.

Our Brazil Practice also publishes Visões Globais, a newsletter on international legal developments of interest to the Brazilian business and legal communities.

Given our ongoing relationships with Brazilian clients, we know what matters most to them and consistently exceed their expectations.