Ms Marcela Waksman Ejnisman > TozziniFreire Advogados > Sao Paulo, Brazil > Lawyer Profile

TozziniFreire Advogados
R. BORGES LAGOA 1328
SAO PAULO, SP
CEP 04038-904
Brazil

Work Department

Corporate Law and Foreign Investment, Mergers and Acquisitions, Media & Entertainment, Intellectual Property, Telecommunications/Information Technology, Cybersecurity & Data Privacy, Technology & Innovation

Position

Partner

Career

Co-head of TozziniFreire’s Corporate/M&A practice, Marcela concentrates her work on the telecommunications and technology, intellectual property and privacy and entertainment industries. She has advised clients on numerous transactions, including mergers and acquisitions, joint ventures, and corporate restructurings. Marcela uses her thorough knowledge of the technology and telecommunications sectors to assist clients with both regulatory and business issues, including the negotiation of supply agreements and other contracts, outsourcing and licensing and software development, and issues related to privacy and the Internet, among others. In the intellectual property field, she has assisted in the negotiation of technology transfers and licensing agreements. She has extensive experience in the defense and registration of trademarks, patents, utility models, and industrial designs at the Brazilian Industrial Property Institute (INPI), besides advising clients on copyright and image rights-related matters.

Languages

English.

Memberships

  • Events Director of ABDI (Brazilian Association of Information Technology and Telecommunications Law).
  • Member of ABI (American Bankruptcy Institute).
  • Member of INTA (International Trademark Association).
  • Member of ITechLaw (International Technology Law Association).

Education

  • M. degree from Cornell University, USA, 1998.
  • Studied International Business and Business Law at the University of California, USA, 1995.
  • Graduate of the Law School of PUC-SP (Pontifícia Universidade Católica de São Paulo), 1992.

Lawyer Rankings

Brazil > TMT: Tech, innovation and digital business

With a strong track record in technology-related litigation, TozziniFreire Advogados has significant experience in advising major international social network companies in relation to civil and electoral disputes. The team’s workload is also populated by transactional and regulatory matters, covering technology transfers, venture capital, fintech and software licensing agreements. Marcela Waksman Ejnisman is a key contact for contractual issues and other non-contentious mandates pertaining to the technology sector and data privacy issues. Patricia Helena Marta Martins, who specialises in digital law, stands out for her involvement in high-profile data protection and technology ligation. Carla do Couto Hellu Battilana and Bruna Borghi Tomé, the latter of whom regularly handles litigation issues on behalf of technology companies, are also noted.

Brazil > TMT: Media

TozziniFreire Advogados assists clients from the media and entertainment sectors in a variety of matters, including copyright law, image rights and transactions. Marcela Waksman Ejnisman, who oversees the practice, is seasoned in transactional matters involving the entertainment industry. Carla do Couto Hellu Battilana is another key individual, with expertise in M&A, joint ventures and corporate restructuring involving companies in the media and entertainment segments.

Brazil > Corporate and M&A

(Leading individuals)

Marcela Waksman EjnismanTozziniFreire Advogados

Always working with ethics, respect, professionalism and a proactive approach,’ TozziniFreire Advogados is ‘widely recognised in the legal market‘. It remained busy during 2020 and 2021, taking key roles on domestic and multi-jurisdictional transactions involving companies in various sectors, including in private equity and venture capital deals. Its strength in M&A is matched by its prominence in competition, compliance and labour law, allowing the firm to provide comprehensive coverage. The firm is renowned for innovation and, in 2019, it launched its ThinkFuture project to consolidate its technology practices, with the aim of further strengthening its relationships with lawtechs and continuing to develop initiatives aimed at start-ups and open innovation programmes. Its D&I policies – which cover gender, LGBTIQA+, race, people with disabilities, refugees and sustainability – and pro bono programme are well established and have not gone unnoticed by the market either, with one client noting that ‘a special highlight is the number of women in leadership positions‘. The firm’s TFAffinity LGBTIQA+ group and TFAfro racial equality group each have almost 100 members, and the firm maintains partnerships with Nurap (Centre of Professional Learning and Social Assistance) and NGO Educafro, among other important organisations. Highly regarded corporate and M&A experts Marcela Waksman Ejnisman and Maria Elisa Gualandi Verri jointly lead the practice, which expanded further with the hires of of João Ribeiro da Costa and Oswaldo Dalla Torre from Landi, Rodrigues, Nakano e Giovannetti Advogados in June 2021. João Busin stands out for his ‘remarkable experience‘; he has established a strong name in private equity and venture capital. Jun Makuta coordinates the firm’s Japan desk, and complements his M&A practice with his experience in civil litigation and corporate restructuring; Silvia Martins de Castro Cunha Zono is highlighted for her ‘extensive experience in highly complex operations‘; and Francisco Eumene Machado de Oliveira Neto is ‘recognised for his performance in large M&A‘. Banking, capital markets and M&A expert Fabíola Augusta Cavalcanti, Leonardo Miranda, associate Victor Frias Françoso and Juliana Maluf, who joined the firm from Pinheiro Neto Advogados in March 2021, also receive praise.

Brazil > Intellectual property

TozziniFreire Advogados‘ IP team works across the chemical, food and beverage, fashion, pharmaceutical and technology sectors, offering advice on franchising and licensing issues, as well as registration of patents, copyrights and trade marks. The team has notable strength in conducting IP due diligence in the context of M&A transactions; practice heads Marcela Waksman Ejnisman and Carla do Couto Hellu Battilana are names to note for this type of work. Stephanie Consonni De Schryver is another noteworthy practitioner, who advises on IP prosecution, portfolio management and software development agreements.

Brazil > TMT: Cybersecurity and data privacy

(Leading individuals)

Marcela Waksman EjnismanTozziniFreire Advogados

TozziniFreire Advogados fields a cybersecurity and data privacy practice focused on LGPD compliance, global data breach incidents, and administrative and judicial proceedings. On the contentious front, the team is regularly retained by technology companies in cases involving intermediaries’ liability, data disclosure and right to be forgotten claims. Marcela Waksman Ejnisman advises on contractual issues and LGPD enforcement. Patricia Helena Marta Martins is a key contact for litigation related to data protection and cybersecurity matters, while Carla do Couto Hellu Battilana assists clients with the review of terms of use and privacy policies and issues related to data breaches.

Brazil > TMT: Telecoms

With a strong track record in transactional work involving the telecoms sector, TozziniFreire Advogados attracts instructions from longstanding clients as well as new entrants to the Brazilian market. Marcela Waksman Ejnisman, who excels in telecoms and technology-related matters, oversees the practice. Mariana Del Nero Cornibert da Barrosa is another key individual, whose areas of core activity include corporate and partnership agreements within regulated sectors, most notably telecommunications. Associate Felipe Borges Lacerda Loiola is no longer at the firm.