The Legal 500

Linklaters LLP

What we say about the firm's legal practice in Portugal

Banking and finance

Within Banking and finance, Linklaters LLP is a first tier firm,

Termed ‘innovative, experienced and trustworthy’, Linklaters LLP remains at the forefront of some of Portugal’s most coveted banking and finance work. The team advised ABN AMRO on its landmark securitisation of 20 project finance loans; this was the first cash securitisation of project finance loans in the European markets, and one of the only cash CLO transactions coming to completion in recent years. Other clients include Credit Suisse, whom the firm advised on the acquisition of real estate receivables, and Banco Bilbao Vizcaya Argentaria. Lead banking partner Pedro Siza Vieira is noted for his ‘professionalism and credibility’, while Francisco Ferraz de Carvalho is considered ‘a great asset to the team’. Though perhaps not the firm of choice for more ‘bread-and-butter’ work, ‘it is the best for innovative solutions regarding structured finance’.

Capital markets

Within Capital markets, Linklaters LLP is a first tier firm,

Linklaters LLP’s capital markets group is characterised by three distinct focus areas, including structured finance, equity and debt capital markets, and regulatory matters. Led by the ‘simply fantastic’ Antonio Soares, there is ‘no question that this is a top-tier practice’. The team recently advised joint global coordinators Citigroup, Morgan Stanley, UBS, Caixa Banco de Investimento and Espiríto Santo Investment and Millennium Investment Banking on one of the biggest-ever IPOs in Portugal, the share capital increase of EDP Renováveis, Europe’s largest market capitalization deal in 2008. The team also represented the RBS-led consortium in the €71.1bn bid for ABN AMRO Holdings, the largest ever bank takeover. On the equity side, highlights include advising Morgan Stanley and Caixa Banco de Investimento on the issue of over €1bn of Parpública Exchangeable Bonds, exchangeable into shares in EDP as part of the 7th stage of privatisation of EDP. Though a relatively small team, clients are more than satisfied with service levels, citing ‘experience, knowledge, willingness to help’ and an effort to ‘take care of the client’ as key strengths.

Corporate and M&A

Within Corporate and M&A, Linklaters LLP is a first tier firm,

Linklaters LLP remains focused on high-end transactional work, often with a cross-border element. The corporate team recently assisted Embraer in negotiating an investment agreement with the Portuguese government (through AICEP), in relation to the implementation of two industrial plants in Evora. The team notably advised Magnum Capital and the Magnum Consortium on its buyout of Babcok & Brown’s Portuguese windfarm portfolio assets (the Enersis Group), one of Portugals’ largest buyouts and the largest ever private-equity led investment in Portugal. In what was the largest bank takeover in history, the firm played an integral role advising Royal Bank of Scotland, as lead consortium member, and RFS Holding, the consortium bidding vehicle, on the proposed €71.1bn offer for ABN AMRO. Involving 21 different offices, the Lisbon team covered all Portuguese-related legal issues. The team is regarded as ‘technically very strong’, with clients commenting, ‘usually in Portuguese firms you find a mix of the very good with the lower level, depending on the people – however, Linklaters LLP is much more consistent’. António Soares is ‘never wrong, good with big transactions and always careful with the small details’, while Jorge Bleck ‘has a very good view and approach to problems’.

Dispute resolution

Within Dispute resolution, Linklaters LLP is a second tier firm,

Linklaters LLP is focused on high-end, complex litigation, with particular expertise in regulatory and company litigation. The department was strengthened this year through the arrival of Marta Cruz de Almeida, a securities litigation expert who joined in June 2007 after serving as in-house counsel for the Comissão de Mercado de Valores Mobiliários. The team has been retained by Pfizer to act in several patent litigation proceedings relating to the sale of generic drugs. The team also acted for Supergolf Amoreiras in a highly complex arbitration against Epal – Empresa Portuguesa de Águas Livres, successfully achieving contract termination rights and compensation for damages and loss of profit. The team is considered ‘very capable, with a high level of technical skills’, and practice head Miguel Pinto Cardoso is deemed an ‘excellent litigator’, who is ‘helped by the brilliant contribution’ of Nuno Ferreira Lousa, Marta Afonso Pereira and Carla Borges.

EU and competition

Within EU and competition, Linklaters LLP is a first tier firm,

Internationally recognised Carlos Pinto Correia heads the EU & competition team at Linklaters LLP and is widely regarded as a leading authority in this area. Following Sonae Group’s acquisition of the Portuguese portfolio of Carrefour, and the subsequent disposal of assets imposed by the Portuguese Competition Authority (PCA), the team advised Auchan Group on the €22m acquisition of two operational shopping centres and one Portuguese shopping centre project from Sonae. The team is also providing ongoing advice to Johnson & Johnson over misdemeanour proceedings brought forward by the PCA, concerning a cartel of six pharmaceutical companies in what is one of the biggest regulatory matters in Portugal. Clients are quick to highlight the ‘extensive international network’ that ‘greatly benefits the firm’s knowledge of EU law’.

Employment

Within Employment, Linklaters LLP is a third tier firm,

Linklaters LLP remains focused advising on corporate transactions structured as asset deals and the structuring of employee benefits, also developing expertise in highly complex employment litigation. In one transfer of undertaking case, the team advised Companhia Portuguesa de Hipermercados on the acquisition of several commercial units sold by Sonae. With Miguel Pinto Cardoso at the helm, the team is lauded for providing ‘high homogeneous document output quality’ and ‘commitment to the client, collective experience and global service capacity’.

Intellectual property

Within Intellectual property, Linklaters LLP is a third tier firm,

Headed by Carlos Pinto Correia, the IP department at Linklaters LLP works closely with its EU team, particularly when handling matters such as license software agreements and parallel imports. The team’s renowned litigation capabilities add further depth to the IP practice, while its regulatory knowledge is likewise strong. It recently advised Pfizer in a patent infringement case.

Project finance

Within Project finance, Linklaters LLP is a first tier firm,

Linklaters LLP remains focused on the energy and renewables sector, and this year advised Banco BPI and Calyon on the $800m financing of the Mozombique Government’s purchase from the Portuguese Government of a majority stake in the Cahora Bassa hydroelectric power station. The team also advised a consortium of sponsors comprising Itinere Infraestruturas and MSF Concessões on the negotiation and award of the €400m DBFO highway concession. Clients note, ‘the firm has managed to build up a project finance team which delivers high quality service regardless of the team member in charge of the transaction’. Heading the practice, Pedro Siza Vieira is ‘one of the best project finance lawyers in Portugal; he not only has the legal knowledge and the expertise but also the commercial and financial ability to understand the clients’ problems and design proper solutions’. Francisco Ferraz de Carvalho is also highly regarded.

Public law

Within Public law, Linklaters LLP is a second tier firm,

Pedro Siza Vieira leads the small but dedicated public law department at Linklaters LLP. Despite its size, the team has nonetheless secured some very high-calibre cases, particularly in public procurement matters. Ongoing work includes advising a bidding consortium, led by Espírito Santo Saúde, on the preparation and drafting of the international public tender bid for the PPP of the Loures Hospital, a highly sought-after project valued at approximately €550m. The team is also representing another bidding consortium for the PPP scheme of Portugal’s Azores Hospital, in addition to advising the winning bidder for the Marão Tunnel tender. The team has seen a significant rise in administrative litigation cases. Clients describe the team as ‘quicker and more inventive’ than others in Portugal.

Real estate

Within Real estate, Linklaters LLP is a second tier firm,

Composed of truly lateral thinkers with a fantastic command of the legal framework in Portugal’, the real estate team at Linklaters LLP continues to advise on some of the country’s most coveted real estate projects. Recent work includes assisting the Pillar Retail Europark Fund (PREF), managed by British Land, with the acquisition of the Santarém Retail Park, including the financing of the transaction with Eurohypo. Valued at €25m, this was the fourth Portuguese retail park acquisition by PREF advised upon by the team. Meanwhile, Auchan instructed the team for its advice on the €22m acquisition of two operational shopping centres and one shopping centre project in Portugal. Practice head Jorge Gonçalves ‘is one of those lawyers that stays one step ahead of any difficulties a deal might present’, while Tânia Ferreira de Almeida is also praised. The practice is hailed for housing ‘top tier lawyers – they set the standards, they are the benchmark’.

Tax

Within Tax, Linklaters LLP is a third tier firm,

Linklaters LLP has calmed fears that its tax practice may have suffered following the departure of Patrick Dewerbe. In fact, ex-Deloitte tax expert Riu Palma has maintained the team’s upstanding reputation, with clients describing it as ‘an excellent team of professionals who is fully committed and aligned with its client’s interests’. The team advised Goldman Sachs on the design and planning of a tax-efficient model for a particular type of derivatives transactions, with the transaction combining legal technicalities from four separate juridictions, while building upon treaty law, Portuguese and EC law to achieve a highly enhanced tax structure. Following EDP’s incorporation in Spain and listing on Euronext Lisbon, the firm advised on the complex tax issues that were subsequently raised. Clients say, ‘the firm really knows how to minimize the execution risk inherent to any transaction by providing elegant and smart structural solutions’. Tânia de Almeida Ferreira is recommended, alongside rising star Ricardo Reigada Pereira.


What we say worldwide

Please choose another Linklaters LLP office to view full details of what we say in that region, or choose from this list to view a specific editorial reference in context.

United Arab Emirates

Offices in Dubai

Belgium

Offices in Brussels and Antwerp

China

Offices in Shanghai and Beijing

Germany

Offices in Berlin, Frankfurt, Munich, and Dusseldorf

Algeria

Spain

Offices in Madrid

France

Offices in Paris

Hong Kong

Offices in Hong Kong

Indonesia

India

Italy

Offices in Rome and Milan

Japan

Offices in Tokyo

Jordan

Cayman Islands

Lebanon

London

Offices in London and London

Luxembourg

Offices in Luxembourg

Libya

Morocco

Netherlands

Offices in Amsterdam

Oman

UK Overview

Philippines

Poland

Offices in Warsaw

Portugal

Offices in Lisbon

Qatar

Russia

Offices in Moscow

Scotland

Sweden

Offices in Stockholm

Singapore

Offices in Singapore

South Korea

Thailand

Offices in Bangkok

Tunisia

US

Offices in New York

Vietnam

Legal Developments in Portugal

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Labour & Employment

    1 What are the main statutes and regulations relating to employment? The main statutes relating to employment are the Portuguese Employment Code (approved by Law 7/2009 of 12 February 2009) and the Regulation of the Employment Code (Law 35/2004 of 29 July 2004) which is still in force notwithstanding the fact that parts have been revoked with the entry into force of the new Employment Code. Within the Employment Code, the vast majority of the rules are mandatory and, therefore, can only be modified by agreement of the parties and only if such amendment is intended to improve the position or rights of the employees.
    - F. Castelo Branco & Associados
  • Labour and Employee Benefits

    Country Q&A Portugal: Employee Share Plan
    - F. Castelo Branco & Associados
  • PAYMENT SERVICES - PROHIBITION OF CHARGING

    Following the public discussions which took place after the approval of the Decree-Law no. 317/2009 of 30 October (Decree-Law 317/2009)1, the Decree-Law no. 3/2010 of 5 January (Decree-Law 3/2010) was published in the Official Gazette, imposing a prohibition on credit institutions to charge on automated teller machines2 (ATM) transactions, as well as, a prohibition on beneficiaries to charge payment transactions in automatic payment terminals and devices.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart
  • EMAS – NEW REGULATION

    The EU Eco-Management and Audit Scheme (EMAS) is a voluntary scheme which is designed to recognise and reward proactive companies and organisations that undertake to evaluate, manage and improve their environmental performance. When an organisation proves that its environmental performance has been improved according to previously set objectives, as verified by an independent body, it can begin using the EMAS logo. The logo is not only proof that the organisation has set up a strict programme of environmental performance improvement, but also that it respects existing environmental legislation and that its employees play an important role in the process.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart
  • Labour and Employee Benefits 2008/09 Volume 2: Employee Share Plans

    Country Q&A Portugal
    - F. Castelo Branco & Associados
  • Proposed New Set of Corporate Governance Rules for Portugal

    The Portuguese Securities Regulator (Comissão do Mercado de Valores Mobiliários, hereinafter “CMVM”) has recently launched a public consultation on a proposal for a new set of corporate governance rules and recommendations applicable to listed companies subject to Portuguese Law. When approved, this new regime will supersede the previous rules and recommendations enacted in 2007, thus introducing more stringent requirements for listed companies in Portugal. Among the proposed changes, remuneration and audit are the main areas of regulatory concern.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart
  • Doing Business in Portugal and Czech Republic

    Portugal is the westernmost country of mainland Europe and is bordered by the Atlantic Ocean to the west and south and by Spain to the north and east and also encompasses two autonomous Atlantic regions, notably the Azores and Madeira archipelagos. Portugal has an area of 92,090 km2 and 10,676,910 inhabitants (2008 estimate). It is a founding member of the OECD and NATO and is member of the European Union since 1986.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart
  • Temporary and non-habitual residents

    Several countries have already introduced the concept of “temporary non-residents” into their tax orders, thus enabling them to lay down special rules regarding the taxation of income received by those who are habitually resident in these countries, but take up residence in another country for a certain period – which as a rule does not exceed 5 years and is very often a result of secondment - and subsequently return to their former country of residence.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart
  • Acess to Electronic Communications Infrastructure

    September has brought a novelty concerning the access to the electronic communications infrastructure: the approval by the Ministry of the Environment of Decree-Law 258/2009, of 25th September.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart
  • Municipal Property Transfer Tax (IMT) on VAT in real estate transactions

    On 27 August 2009, the Portuguese Directorate-General of Taxation (DGCI) approved Circular no. 21/2009, revoking the previous administrative instructions concerning VAT as a basis for charging Municipal Property Transfer Tax (IMT), whenever the parties waive that tax in real estate transactions.
    - PLMJ - A. M. Pereira, Sáragga Leal, Oliveira Mart