TMT: Telecoms and media in Brazil
Cesnik, Quintino & Salinas Advogados
Cesnik, Quintino & Salinas Advogados remains at the forefront of the media market, standing out for its longstanding expertise in the entertainment industry, covering the music, games, visual arts, sports and audiovisual segments. The firm provides a comprehensive service in this space, advising clients on financial and business structures, commercial agreements, IP assets, regulatory issues as well as corporate and tax law. Litigation and public law are other core areas of activity. Rodrigo Salinas leads the team alongside Los Angeles-based partner Fábio Cesnik; both specialise in media and entertainment law. Roberto Jucá is another name to note. Gilberto Toscano left to join Netflix in 2020.
‘On the TMT field, the work of the Cesnik, Quintino & Salinas team is worthy of recommendation. As far as individuals go, Roberto Jucá is a stand-out.‘
HBO Latin America
Fox Channels Brasil
- Provided legal advice to Brazilian media group Novus Mídia in relation to constitutional and regulatory aspects of the incorporation of a new Brazilian pay TV channel.
- Provides strategic legal assistance to VIACOM in contractual and regulatory affairs involving various entertainment projects developed, invested or co-produced by Viacom.
- Provides full legal assistance to O2 Filmes in all projects developed/produced/distributed by the client.
- Advises Fox Channels Brasil on production, civil and regulatory issues related to Fox’s investment in local productions and co-productions in Brazil.
- Acts as the legal representatives of MGM Distribution in Brazil, advising the client on regulatory and contractual issues related to MGM’s operations in the country.
Mundie e Advogados is a go-to destination for domestic and international clients seeking assistance in cutting-edge TMT issues. The team is well equipped to advise media conglomerates, social networks, telecom providers, satellite operators and broadcasters. The department's workload is balanced between transactional and regulatory matters, and benefits from the senior experience of Elinor Cotait, who co-heads the practice group alongside Ana Claudia Beppu, Beatriz Faustino França and recently promoted partner Tomás Schoeller Paiva.
‘Compared to other law firms, Mundie is one of a kind regarding telecom regulations. The team is committed to achieving the best results on behalf of the client, guiding the company in order to build a solid operation in compliance with the law and regulations The group brings together different expertise to advise on satellite regulation and administrative proceedings.’
‘Elinor Cotait, Beatriz França and Ana Claudia Beppu are some of the most brilliant lawyers for telecom issues I’ve worked with. Beatriz França stands out for her great knowledge regarding the satellite sector, ANATEL’s regulations, providing a strategic eye on each case she leads.’
‘The Telecom & Media team at Mundie is unique in the sense that it has a very broad and plural understanding of the media and entertainment landscape, which covers infrastructure providers, traditional players and newcomers. While a lot of law firms are acquainted with the more traditional players such as Pay TV companies/Theatrical studios and are also quickly learning about new OTT players, Mundie has a very in-depth knowledge about the telecom infrastructure industry and its regulation and history. This really makes them stand out when dealing with TMT matters.’
‘As far as individuals go, Tomás Schoeller Paiva is definitely worthy of a mention. He was recently made partner at the firm. We feel that this is a reflection of the outstanding work that he has been providing us with throughout the last year. Tomás is highly engaged and knowledgeable on all high profile matters currently being discussed in connection with the entertainment industry. He’s also very available, dynamic and forthcoming, being able to interact with business executives with great objectivity and showing a deep understanding of the business’ interests.’
‘Elinor Cotait is also worthy of a mention. Her availability and engagement in specific matters is a welcomed surprise, considering her status as a founding partner. The historical knowledge about the telecom industry and its regulation is second-to-none in Brazil, something that grants her a lot of respect throughout the whole market. She is probably one of the sharpest and most strategically creative minds in the TMT field in Brazil. Her work in creating and leading a world-class TMT team (including Tomás Paiva and Ana Claudia Beppu) needs to be acknowledged.’
A top choice for companies in the entertainment industry, Bitelli Advogados undertakes the full array of work in this field, bringing together expertise in commercial agreements, regulation, administrative proceedings and litigation. The team is proficient in innovative and international contracts, licensing matters, IP protection as well as advertising, publishing and telecoms matters. Founding partner Marcos Bitelli is recommended for entertainment and media law, particularly disputes.
Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados possesses in-depth knowledge of the telecoms legal framework in Brazil, and advises clients on corporate and M&A transactions, commercial agreements, public bids and concessions as well as administrative litigation and regulatory issues. International clients which are looking to establish a presence in the country and companies wanting to expand their activities towards the offering of telecom-related services often seek the team's legal assistance. Fabio Ferreira Kujawski has extensive experience assisting clients in the telecoms and entertainment sectors. Other practitioners to note include Paulo Brancher and Thays Castaldi Gentil, who is currently based in the firm's New York office and is skilled in telecoms regulations.
Red Eléctrica Corporación
China Telecom (Americas) and China Telecom do Brasil
- Provided legal assistance to Nextel Telecomunicações regarding regulatory aspects of the acquisition of Nextel by the América Móvil group.
- Retained by Red Eléctrica Corporación (REC) to provide legal advice and act before the Brazilian National Telecommunications Agency (ANATEL) regarding local regulatory approvals for the acquisition, by REC, of the corporate control of Spanish satellite operator Hispasat.
- Provides legal assistance to Telefonica Brasil on complex commercial agreements, regulatory analysis and administrative procedures before local authorities.
- Retained by Turner Broadcasting to evaluate the Brazilian tax implications of different structures related to Turner’s production of audiovisual content.
Murta Goyanes Advogados
Murta Goyanes Advogados has a strong practice focused on the media and entertainment industries, leading advice to streaming platforms and advertising agencies on matters involving music, sports and audiovisual content. Marcelo Goyanes is a key practitioner. Typical mandates include assisting with tax incentives and the production and distribution of content.
Pereira Neto | Macedo
Pereira Neto | Macedo is adept in regulatory issues and administrative proceedings. Of particular note, the department has a solid background in cases involving public procurement and contracts, as well as antitrust matters. The team also undertakes media law-related work, advising clients on freedom of speech and intermediary liability, and assisting publishing companies with content licensing and commercial agreements. Regulatory and competition law expert Caio Mario Da Silva Pereira Neto co-heads the team with Ronaldo Lemos, Joaquim Nogueira Porto Moraes, who focuses on telecoms-related litigation, Mateus Piva Adami and Daniel Tinoco Douek.
Associação Brasileira de Emissoras de Rádio e Televisão (ABERT)
- Providing regulatory advice to Oi on debt restructuring and judicial recovery, involving the possible implications of debt renegotiation and the judicial recovery procedure over the regulated activities of the three main telecoms service providers in the Oi Group.
- Retained by ABERT to issue a legal opinion on the applicability of Law No. 12,485/2011 (that regulates Pay-TV services) to over-the-top services, following a complaint filed by Claro against Fox and Turner before Anatel.
- Provides legal advice to Oi regarding a concession.
- Advising Oi on the restructuring of the regulatory framework for telecoms in Brazil, as a result of the approval of Law No. 13.879/2019.
Schivartche Advogados focuses on media and entertainment matters, providing legal assistance to domestic and international heavyweights in the industry. Areas of expertise include the production and distribution of audiovisual content. Founding partner André Schivartche is the key point of contact.
‘Very experienced at dealing with multinational companies, both as clients and on the other side of transactions.’
‘Not only is André Schivartche’s English impeccable, he is also incredibly responsive and very business-driven.’
Inglez, Werneck, Ramos, Cury e Françolin Advogados (IWRCF) stands out for its knowledge of marketing and advertising, and is particularly active in the reviewing of advertising campaigns in compliance with Brazilian laws and regulations. Notable areas of practice also include representing clients in cases before regulator CONAR. Department head Luiz Werneck has extensive experience in media and entertainment matters, while Talita Sabatini Garcia brings expertise in IP and contractual issues.
‘The team is knowledgeable about the industry.’
Samsung Eletrônica da Amazônia
Pernod Ricard Brasil Indústria e Comércio
Midea do Brasil – Ar Condicionado
Mattel do Brasil
- Represented Samsung in an administrative procedure before CONAR regarding a TV ad, following accusations by LG that the use of certain claims should not be allowed.
- Represented Pernod Ricard in an administrative procedure before CONAR related to a worldwide campaign of Beefeater.
- Represented Nivea in an administrative procedure against Genomma Laboratories do Brasil related to the commercial promotion of ‘Genomma: theatrical cream’.
Levy & Salomão
The media, entertainment and sports law team at Levy & Salomão offers comprehensive services in relation to transactions and litigation, covering audiovisual production, license agreements, protection of IP assets, image rights as well as advertising regulation, financing and tax issues. On the sports law front, the team handles matters pertaining to the transfer of athletes, advertising investments and dispute resolution. Simone Lahorgue Nunes is proficient in entertainment, sports, media and technology; she oversees the team alongside Alexandre Ditzel Faraco, who is noted for regulatory matters and administrative litigation.
With in-depth knowledge of the telecoms environment in the country, Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados excels in regulatory issues and in guiding clients’ interactions with telecoms agency ANATEL. The team regularly advises on the negotiation of contracts with telecoms operators, and offers representation to associations, concessionaires and telecoms companies in administrative proceedings. Eduardo Augusto de Oliveira Ramires oversees the department with Luís Justiniano Haiek Fernandes, who is a key point of contact. Floriano de Azevedo Marques Neto is noted for his regulatory expertise.
‘The team has deep regulatory knowledge of the Brazilian Telecom industry. Eduardo Ramires is an outstanding lawyer.’
Hughes Telecomunicações do Brasil
- Advised Claro on several fronts on telecoms regulatory issues, including reversible assets, review of concession contracts, administrative defences, radio frequency consultations, and other issues.
- Provides legal and regulatory advice to Telxius Telecom related to submarine cables.
- Acted for Hughes Telecomunicações do Brasil in its administrative defence before the regulatory agency related to a lack of quality assessment.
Pinheiro Neto Advogados advises telecom service providers and technology companies on a range of transactions and regulatory matters. The department is also well versed in media issues, having recently advised on video on demand and music streaming, as well as gaming. Raphael de Cunto is a seasoned practitioner in technology and telecoms law.
Universal Studios Limited
Sony Pictures Home Entertainment do Brasil
Universal City Studios Productions
Netflix Entretenimento Brasil
- Advising CenturyLink in relation to potential acquisitions, which include in-depth reviews of the regulatory status of target companies.
- Represented Viasat in litigation brought by competitors challenging its partnership with Telebras; the team argued the case before the Federal Supreme Court.
- Represented Universal Pictures in a lawsuit filed by a well-known individual regarding the use of footage of him in a movie.
The telecoms practice at BMA - Barbosa, Müssnich, Aragão has specialist knowledge in the field of submarine cable projects, telecom towers, satellites and the Internet of Things (IoT). Representing clients before regulatory agencies is a key area of activity for the team, which is also skilled at assisting with public procurement procedures, concessions and public-private partnerships (PPPs). The department is under the joint leadership of José Guilherme Berman and Ana Cândida de Mello Carvalho, who recently joined with a team of lawyers from TozziniFreire Advogados. Eduardo Hayden Carvalhaes is now at Lefosse Advogados.
RH Net Telecomunicações
- Assisting RH Net Telecomunicações in the filing of a lawsuit against the federal government to overturn a prior administrative decision which ordered the removal of the company’s telecoms tower in Rio de Janeiro.
Clients from the IT, digital markets, satellite and telecoms sectors retain KLA Advogados in relation to a variety of matters, from M&A transactions to advertising and marketing initiatives to administrative proceedings. Tania Liberman leads on media and entertainment matters, while corporate and M&A partner Karin Alvo handles transactions in the telecoms sector. Guilherme Ieno has a strong track record in regulatory issues pertaining to telecom services, including satellite and broadcast.
Seabras 1 Brasil
Rádio e Televisão Bandeirantes
Newco Programadora e Produtora de Comunicação
Duracell Comercial e Importadora do Brasil
Procter & Gamble do Brasil
Monster Energy Brasil Comércio de Bebidas
AKQA Brasil Comunicação
David Brasil Comunicação
Orange Business Services Brasil
- Advised Hughes on its joint venture with Yahsat, focused on broadband in Brazil, which will use more than 65 gigabits per second of Ka-band capacity supplied from Yahsat’s satellites and Hughes’ leased payloads.
- Advised IPG Photonics on the purchase of the submarine networks division (SND) of Padtec.
Lefosse Advogados's broad service offering covers all aspects of the telecoms sector, including telephones, satellite, internet, submarine cables and supporting infrastructure. The practice is not only adept at advising on commercial and transactional work, but also excels in regulatory matters. The firm bolstered its telecoms practice with the hire of Eduardo Carvalhaes from BMA - Barbosa, Müssnich, Aragão, who specialises in public law and regulated sectors, and is now overseeing the department.
‘Eduardo Carvalhaes stands out. He is very knowledgeable.’
Turner International Latin America
Digital Colony Management
- Assisted American Tower in discussions with ANATEL and the Ministry of Communications on the federal policy and regulatory framework for applications and services using Internet of Things (IoT), and the criteria for expanding the infrastructure supporting telecoms services.
- Advising Turner on the negotiation and drafting of contracts related to the licensing for the launch of the CNN Brazil Channel by a Brazilian media group.
Rolim, Viotti, Goulart, Cardoso Advogados
Rolim, Viotti & Leite Campos Advogados attracts instructions from some of the leading telecoms companies in Brazil, which seek assistance in relation to regulatory issues, corporate law, litigation, as well as tax, environmental, real estate and antitrust matters. The practice has extensive expertise in administrative proceedings and disputes before ANATEL. Regulatory expert Maria João Rolim jointly heads the department with Daniela Silveira Lara, who excels in tax matters involving the telecoms industry. Ticiane Moraes Franco and Rodrigo Azevedo Greco are also recommended.
‘The team has in-depth knowledge of the telecoms sector, providing practical advice and efficient representation before ANATEL.’
‘Rodrigo Azevedo Greco and Ticiane Moraes Franco are exceptional lawyers, who are able to meet tight deadlines and provide valuable risk assessment.’
Level 3 Communications
Hughes Telecomunicações do Brasil
TELCOMP (Associação Brasileira das Prestadoras de Serviços de Telecomunicações Competitivas)
Sinditelebrasil – Sindicato Nacional das Empresas de Telefonia e de Serviço Móvel Celular e Pessoal
Huawei do Brasil Telecomunicações
Decision analysis partners
TV União de Minas
Transat Telecomunicações Via Satélite
- Assists Claro in regulatory advice and litigation on administrative procedures conducted by state and/or federal consumer protection state entities.
- Defending Telefônica Brasil in a legal action against ANATEL regarding the value of the public price the company has to pay in order to operate in the 700MHz radiofrequency, after the conclusion of the bid held in 2014 by ANATEL.
TozziniFreire Advogados offers a wide array of legal services to clients operating in the telecoms, media, entertainment and technology sectors. Companies looking to enter the Brazilian market, as well as those that already have a solid presence in the country, instruct the team in a variety of mandates, including M&A transactions and the protection of IP rights. Department head Marcela Waksman Ejnisman is proficient in transactional and regulatory issues involving the telecoms and entertainment industries.
- Provided assistance to SBA Torres Brasil, a leading independent owner and operator of wireless communication infrastructure in the Americas, in the acquisition of 100% of the quotas of São Paulo Três Locação de Torres.
- Advising Ford Motors Brazil on several telecoms regulatory matters in connection with the structuring of its ‘Ford Connected Car’ project.
Veirano Advogados' media and entertainment practice group handles matters on behalf of advertising agencies, TV networks and publishing companies, among others. Advising on audiovisual production agreements and licensing rights, and representing clients before regulatory agencies, are core areas of activity for the team. Valdir Rocha is a key point of contact in the department.