Firms To Watch: TMT: Telecoms

The TMT department at Demarest Advogados was recently strengthened by the arrival of Tomás Filipe Schoeller Paiva from Mundie e Advogados in February 2022. Paiva, a regulatory expert who has a wealth of experience in disputes involving the telecoms sector, leads the practice alongside public law and infrastructure specialist Bruno Aurélio, and corporate partner Ana Carolina Botto Audi.

TMT: Telecoms in Brazil

Mundie e Advogados

Trusted advisors to many of Brazil’s top telecoms companies, Mundie e Advogados provides a full-service TMT offering. Praised as ‘creative and efficient’ in finding solutions for its clients, the team advises on regulatory and transactional mandates for both domestic and foreign companies in the digital, technology and financial services sectors, assisting them navigate the ‘extremely complex’ regulatory framework. Elinor Cotait is particularly known for her telecoms regulatory expertise. Ana Claudia Beppu is adept at ‘precisely assessing the interdependencies between themes and trends’ in the market. Also of note in is Beatriz Faustino França, a recently promoted partner who specialises in IT and communications law, with strength in matters involving the satellite industry. Associate Francisco Sampaio is also a key member of the team, particularly in relation to telecoms infrastructure and regulation. Tomás Schoeller Paiva is no longer at the firm.

Practice head(s):

Elinor Cotait; Ana Claudia Beppu; Beatriz Faustino França; Enrico Romanielo

Testimonials

‘The firm has a team that manages to gather in-depth knowledge of the history of the TMT area, but at the same time keep up to date with new trends. The lawyers are creative and convey a lot of security to clients. Additionally, the partners are always available for new challenges, adopting any and all necessary adaptations.’

‘Ana Claudia Beppu is a lawyer of remarkable knowledge and able to accurately indicate possible interdependencies of the topics concerning areas of law other than those directly related to the TMT industry (for example: tax, corporate and criminal).’

‘We have been working with Mundie e Advogados for over 10 years. Mundie assists us with regulatory compliance in Brazil, with equipment type approval, corporate matters, telecom licensing matters. The telecom regulatory framework in Brazil is extremely complex. Mundie’s team always finds creative and efficient solutions, assisting us navigate the complex regulatory telecom environment.’

‘The individuals we work with treat our work like they are part of our internal team. They know our business well, and they help us develop a strategy for dealing with regulatory challenges. Always diligent, always efficient. Beatriz França is also recommended.’

Key clients

TIM

AT&T

Viasat

Sky

Work highlights

  • Representing TIM in the ongoing merger review procedure regarding the acquisition of Oi’s mobile business.
  • Assisted TIM in Brazil’s 5G auction.
  • Advised TIM on regulatory and antitrust matters regarding the sale of its infrastructure company (named FiberCo, now I-Systems).

Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados

Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados's telecoms group stands out for its regulatory expertise. Concessionaires, associations, telecoms companies, and governmental entities turn to the group for advice on both consulting and contentious matters, including mandates before regulatory agency ANATEL. Rated for his comprehensive knowledge of telecoms regulations, Eduardo Augusto De Oliveira Ramires is a key contact for satellite companies. Floriano De Azevedo Marques Neto is well versed in regulatory matters, while Milene Louise Renée Coscione is a go-to lawyer for litigation and issues involving the intersection of tech and telecoms.

Practice head(s):

Eduardo Augusto de Oliveira Ramires; Floriano de Azevedo Marques Neto; Milene Louise Renée Coscione

Testimonials

‘Deep knowledge of the telecoms sector and up-to-date team, not just with regards to regulations and legislation as well as the strategic positioning of companies.

‘I would like to highlight Milene Coscione. She is an extremely dedicated professional, who seeks knowledge, structures discussions with clients and in the name of the client, establishes excellent relationships and is very reliable.’

‘Excellent practical knowledge of telecoms regulations. Eduardo Augusto de Oliveira Ramires is also recommended.’

Key clients

Claro

Sindisat (Sindicato Nacional das Empresas de Telecomunicações por Satélite)

Conexis Brasil Digital

Consócio 5G Sul

Work highlights

  • Assiting and advising Claro in relation to the 5G bidding.
  • Advised Sindisat on ANATEL’s public consultation on the 5G auction.
  • Assisted Conexis Brasil Digital in the 5G bidding.

Mattos Filho

Mattos Filho’ telecoms practice regularly advises domestic and foreign clients with operations in the country or looking to establish a presence in Brazil. Companies from other sectors also turn to the team for assistance with the expansion of their businesses to include telecom-related services. Practitioners are regularly involved in matters pertaining to public bids, concessions, commercial agreements, and regulatory issues across the sector, encompassing mobile, satellite, and submarine cable projects. Recent notable matters include advising on the 5G spectrum bid in Brazil. The team also operates as trusted local counsel for several international firms and clients. Telecoms and tech expert Fabio Ferreira Kujawski is retained by clients for his multidisciplinary expertise; he assists them in regulatory, corporate, and M&A matters, with a particular focus on fixed and mobile telephony, radio, TV broadcasting, satellites and submarine cables. Lisa Worcman is a name to note for matters before the Brazilian telecoms regulatory agency ANATEL. Senior associate Thays Castaldi Gentil is seasoned in regulatory and internet matters, and frequently assists clients in corporate transactional work.

Key clients

Telefonica Brasil

Banco Santander (Brasil)

Oi Móvel

Advisia Consultoria de Gestão Empresarial

Tata Communications

China Telecom (Americas)

China Telecom do Brasil

Seaborn Networks

Desktop (Sigmanet Comunicacao Multimidia)

LogMein

Digital Alpha Advisors

Meta

Stonepeak

IBM

Kepler Communications

Cinven Fund

Banco Cooperativo Sicredi

Work highlights

  • Advised Telefonica on an arbitration against the Brazilian National Telecommunications Agency (ANATEL) regarding telephony concessions.
  • Advised Stonepeak, through Simpson Thacher & Bartlett LLP, on the $2.7bn acquisition of Lumen Technologies’ Latin America division.
  • Advised Cinven Partners, through Freshfields Bruckhaus Deringer LLP, on the €2.5bn acquisition of the Ufinet Telecommunications group.

Pereira Neto | Macedo

Pereira Neto | Macedo’s telecoms practice continues to be trusted by an array of clients who seek regulatory and strategic advice in the full range of telecoms matters. Typical instructions range from public procurement and public contracts to administrative proceedings before ANATEL. The team is also noted for its experience in high-profile discussions in the market, including regulatory reform, net neutrality, the Internet of Things, and 5G. Caio Mario Da Silva Pereira Neto is an antitrust and regulations specialist, with extensive expertise in both the private and public sectors, while Mateus Piva Adami is singled out for his track record in administrative proceedings. Daniel Tinoco Douek is a name to note for matters blending competition, technology, and regulatory issues.

Practice head(s):

Caio Mario da Silva Pereira Neto; Mateus Piva Adami; Daniel Douek

Testimonials

‘Deep knowledge of the TMT sector in Brazil and international references.’

‘I would recommend Caio Mario Pereira Neto, Mateus Adami and Daniel Douek.’

Key clients

Oi

Telefônica Brasil

Conexis Brasil Digital

Algar Telecom

Work highlights

  • Advising Oi since early 2016 on the restructuring of Oi Group’s debt and judicial recovery procedure in Brazil.
  • Assisted Telefônica in its participation in the 5G public auction.
  • Advising Conexis concerning the utility poles sharing regulation, Joint Resolution No. 4/2014.

KLA Advogados

KLA Advogados provides a wide range of telecoms-related services for both domestic and foreign clients. The team has recently been particularly active in the satellite and broadcasting sub-sectors, advising on matters related to regulatory compliance and licensing. Transactional mandates also feature on the workload managed by the team, which is jointly led by Guilherme Ieno and Karin Alvo. Both practitioners are regularly sought for regulatory assistance as well as corporate and M&A advice in the telecoms sector.

Practice head(s):

Guilherme Ieno; Karin Alvo

Key clients

EchoStar

Hughes

Seabras 1 Brasil

CenturyLink

QMC Torres

Pointer Telocation

IPG

ICEYE

Work highlights

  • Assisted IPG in evaluating the assets of a potential partner that provides maintenance services of submarine cables.
  • Assisted Century Link and Level3 in the merger of its activities and Brazilian operations, and its corporate restructuring.

Lefosse Advogados

Lefosse Advogados acts for incumbent and new entrants into the Brazilian telecoms market in the entire spectrum of commercial, regulatory, and transactional matters. The team, which covers all major sub-sectors, including telephony, internet, supporting infrastructure, satellite, and submarine cables, was one of the firms advising industry leaders on the 5G auction promoted by regulatory agency ANATEL. Telecom-related M&A and emerging technologies are other areas of expertise for the practice, which is under the leadership of Eduardo Carvalhaes. Carvalhaes is highly regarded for his expertise and tenure, particularly in the administrative law and public procurement spheres.

Practice head(s):

Eduardo Carvalhaes

Testimonials

‘Lefosse has in Eduardo Carvalhaes an experienced and well-connected practitioner who is able to deliver quality work and market insights, particularly with respect to telecom regulation and ANATEL politics.’

‘The firm has consistently positioned itself on regulatory and public law issues. In the telecommunications area, the team has experience and an excellent track record of sectoral regulation, which makes the debates fluid and constructive.’

‘Partner Eduardo Carvalhaes has a long history in the telecommunications industry and is very fluent in wholesale contractual matters between telecommunications companies involving regulatory issues, making him a recognised partner in the industry.’

Key clients

Winity II Telecom

Telefônica Brasil

Farallon Latin America Investimentos

Prisma Capital

Brookfield

Omnispace

QMC

Vero

BrisaNet

Emnify

Work highlights

  • Advised Winity II Telecoms participation on the first auction for the grant of use of radio frequencies dedicated to 5G wireless technology in Brazil.
  • Assisted Telefônica Brasil in the request to obtain ANATEL’s prior approval for the closing of the transaction regarding the change of control of FiBrasil Infraestrutura e Fibra Óptica, co-controlled by Telefônica Brasil, Telefónica Infra, and Caisse de dépot et placement du Québec.
  • Assisting Bordeaux Fundo de Investimento in the acquisition by Bordeaux Fundo de Investimento em Participação Multistrategia of Copel Telecomunicações; Horizons Telecomunicações e Tecnologia ; and Sercomtel – Telecomunicações.

Rolim, Viotti, Goulart, Cardoso Advogados

Rolim, Viotti, Goulart, Cardoso Advogados possesses a strong transactional track record in the telecoms sector. The team, which demonstrates further proficiency in administrative proceedings before ANATEL, other regulatory matters and dispute resolution, is often instructed in bidding procedures. The team is led by a trifecta of experienced practitioners, all of whom have a wealth of experience in this space. The recently promoted Ticiane Moraes Franco draws on her experience as an in-house lawyer for telecom operators to assist clients in projects and regulatory issues. Praised for being an 'outstanding lawyer in solving complex and extensive problems', of counsel Rodrigo Azevedo Greco is the go-to for technical issues related to the telecoms sector. Regulated markets specialist Maria João Rolim is another key contact.

Practice head(s):

Ticiane Moraes Franco; Rodrigo Azevedo Greco; Maria João Rolim

Testimonials

‘Rolim’s team is complete as it can handle regulatory consultancy matters as well as litigation before ANATEL, knowing details on essential industry topics, including dosimetry of fines, legal and technical theses, and circumvention measures.’

‘Rodrigo Greco is a detailed and available lawyer with a deep knowledge of the regulatory framework, including ANATEL’s jurisprudence. His technical and legal background make him an outstanding lawyer in solving complex and extensive problems. He is a high-quality interlocutor for strategic debates involving regulation in telecommunications.’

Key clients

Telefônica Brasil

Huawei do Brasil Telecomunicações

Claro

Embratel TV SAT Telecomunicações

Algar Group (Algar Holding and Algar Telecom

Hughes Telecomunicações do Brasil

Oi

Claro Nxt Telecomunicações

The Brazilian Association of Competitive Telecommunications Service Providers

Decision analysis partners

Safra Telecom

Conexis Brasil Digital

Vero

Copel Telecomunicações

Internexa

Grupo Integração Minas

Horizons Telecom

Work highlights

  • Assisted Telefonica in the $8.5bn 5G bid held by the national regulatory authority (ANATEL).
  • Assisted Telcomp in a claim to ensure the right of Telcomp’s associates to build their own telecoms ducts in Rio de Janeiro’s bay area.
  • Acted for Claro in litigation procedures before the Brazilian “consumer enforcement offices” (Procons).

TozziniFreire Advogados

TozziniFreire Advogados is routinely retained by domestic and foreign clients, particularly from the US, operating or looking to enter the Brazilian telecoms market. The practice is spearheaded by Marcela Waksman Ejnisman, who is an expert in regulatory and commercial matters pertaining to the telecoms and tech sectors, and often advises on transactions and commercial agreements. Luíz Virgílio Pimenta Penteado Manente is the go-to lawyer for consumer law issues. Senior associate Mariana Del Nero Cornibert Da Barrosa is adept in corporate and partnership agreements within the sector.

Practice head(s):

Marcela Waksman Ejnisman

Key clients

Twilio

Boingo

Lumen

Zenvia

Claro

Affirmed Networks

SBA Torres

Netell Telecomunicações

Viasat

Facebook

Twilio

Boingo

Lumen

Zenvia

Claro

Affirmed Networks

SBA Torres

Netell Telecomunicações

Viasat

Facebook

BMW

Sonova

Work highlights

  • Assisting Boingo Wireless in corporate matters involving the relationship with the minority shareholder of Boingo Holding Participações.
  • Assisting the Lumen Group in the post-closing measures of a previous transaction involving a Brazilian Subsidiary of the Group and notification to ANATEL.
  • Representing Claro in public class actions filed by the Public Prosecutor concerning the quality of Claro’s Mobile Personal Service.