The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Cescon, Barrieu, Flesch & Barreto Advogados

PRAIA DE BOTAFOGO, 228, 15Âș ANDAR – A, 22250-906 RIO DE JANEIRO, RJ, BRAZIL
Tel:
Work +55 21 2196 9200
Email:
Web:
www.cesconbarrieu.com.br

Rafael Baleroni

Tel:
Work +55 21 2196 9229
Email:
Web:
www.cesconbarrieu.com.br
Cescon, Barrieu, Flesch & Barreto Advogados

Work Department

Infrastructuring & Project Finance, Banking & Finance, Insolvency and Restructuring, Oil & Gas, Shipping, Energy.

Position

Partner

Career

He represents foreign and domestic financial institutions and companies, private and publicly-held companies, foreign and domestic sponsors and foreign investors in major offshore transactions in the industries of oil and gas, shipping and energy.

Languages

Portuguese and English.

Member

Bar Admission: Brazil.

Education

He holds a degree in Law from Universidade do Estado do Rio de Janeiro, where he held a scholarship from the Brazilian Oil Agency to specialize in Oil & Gas Law. He also holds a Master’s degree in Law (LL.M.) by the University of Chicago Law School, a Master’s degree in International Law by University of the State of Rio de Janeiro and he is a Specialist in Regulatory Law in the area of electric energy by Fundação Getulio Vagas (FGV).

Mr. Baleroni is associated to AIPN - Association of International Petroleum Negotiators, a member of the Commission of Oil and Derivatives of the Rio de Janeiro Bar Association, founding member of the Brazilian Institute of Maritime Law (IBDMar), associated to the Brazilian Association of Maritime Law (ABDM), director of the Brazilian Association of Consulting Engineers (ABCE) and a member of the Legal Committee of the Norwegian Brazilian Chamber of Commerce (NBCC), where he has also been chairman and vice-chairman. Mr. Baleroni has authored several articles about topics of International Law, Oil and Gas Law, Project Finance and Foreign Investment.


Brazil

Banking and finance

Within: Banking and finance

At Cescon, Barrieu, Flesch & Barreto Advogados, the 'partners are always available and fully involved in deals', according to sources. The practice, which is traditionally best known for its expertise in project finance and complex debt restructuring transactions, had an impressive year on the sovereign front. Most notably, Rio de Janeiro-based MaurĂ­cio Teixeira dos Santos advised BB Securities and BNP Paribas on the local aspects of Rio Oil Finance Trust's $600m notes offering, which allowed the State of Rio de Janeiro to repay debts incurred to fund its employees' pension fund. In Sao Paulo, high-profile figure Ronald Herscovici, whose 'knowledge and behaviour towards counter parties are an asset to any client', paired up with Daniel Laudisio, who has ‘an eye for detail’, to advise Suzano Papel e Celulose on a $6.9bn bridge loan facility to fund the acquisition of Fibria - a transaction that represented the largest unsecured acquisition-financing in Brazil to date. In a significant cross-office collaboration, Sao Paulo's Alexandre Gossn Barreto acted alongside Rio de Janeiro-based project finance specialist Rafael Baleroni to act for Deutsche Bank on a $130m loan to GTB-TBG Holdings. Other names to note include Joaquim JosĂ© Aceturi de Oliveira and Ana Paula Calil in Sao Paulo and Rio de Janeiro-based Eduardo Kuhlmann Abrantes.

[back to top]

Bankruptcy and restructuring

Within: Bankruptcy and restructuring

The restructuring group at Cescon, Barrieu, Flesch & Barreto Advogados is led by Fábio Rosas and benefits from the firm’s strong banking, corporate, capital markets and litigation practices. For example, the team often works closely with colleagues in the corporate department to assist investors in distressed transactions. Also of note is the team’s particular expertise in the oil-and-gas sector; in this space, the team has notable experience in domestic and cross-border restructurings. Rafael Baptista Baleroni is also recommended. Tiago Lopes left for Lollato Lopes Rangel Ribeiro Advogados.

[back to top]

Transport and shipping

Within: Transport and shipping

Cescon, Barrieu, Flesch & Barreto Advogados offers 'clear communication' when advising on shipping finance and transactional matters. For example, the team assisted ABN Amro, as agent to the senior lenders, with the financing for the construction and acquisition of five open hatch general cargo vessels. Rafael Baleroni is 'smart and capable'.

[back to top]

Brazil: Energy and natural resources

Hydrocarbons

Within: Hydrocarbons

A historically strong performer in oil-and-gas deals, Cescon, Barrieu, Flesch & Barreto Advogados also attracts praise for its non-transactional practice, with sources commending its ‘breadth of expertise across the oil-and-gas life cycle, including regulatory and antitrust issues’. In a recent example of its growing regulatory prominence, the firm was engaged to advise BNDES on both the structuring of the privatisation of MSGÁS and on the restructuring of the gas distribution regulatory framework in the state of Mato Grosso do Sul. The team, which ‘combines genuine industry specialists with a practical approach’, is led jointly by Rafael Baleroni, who demonstrates ‘in-depth knowledge of key issues throughout the oil-and-gas chain, from downstream to upstream and offshore assets’, and the ‘very responsive and collaborative’ Maurício Teixeira dos Santos.

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • CommuniquĂ© on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft CommuniquĂ© on Equity Crowdfunding [1] . The CMB has now officially published the CommuniquĂ© on Crowdfunding No. III-35/A (“ CommuniquĂ© ”), on October 3, 2019. The CommuniquĂ© entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
  • Cyprus and Netherlands Double Tax Treaty Update

    Cyprus has concluded the negotiations for the avoidance of double taxation with the Netherlands. The double tax treaty was agreed at technocratic level in Hague. It is expected to be signed by the end of 2019 or early in 2020.
  • Vacancy - Senior Corporate Lawyer

    The Senior Corporate Lawyer, who will be reporting to Partners, will be working with both the firm’s legal team as well as the financial services team. The successful candidate will be requested to show initiative, take on certain responsibilities within the firm, work in a multinational environment and will immediately be given the opportunity to further advance their career within the law firm.
  • CJEU RULED ON THE APPLICATION OF THE BENEFICIAL OWNERSHIP CONCEPT

    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‘centre of life test’ in Surinder Singh cases?

    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
  • ITALIAN RULES ON JOINT VENTURES IN PUBLIC PROCUREMENT AND CONCESSIONS

    Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EU of the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair prices. In this context, public procurementand concessions represent key instruments that need to be regulated and standardisedin order to ensure free movement of goods, freedom of establishment and freedomto provide services.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a  sole representative visa  is not “a  majority shareholder in the overseas business”.