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

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

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 > Corporate and M&A: High-end

(Leading individuals)

Marcela Waksman EjnismanTozziniFreire Advogados

The ‘excellent full-service firmTozziniFreire Advogados offers support to a mix of top-notch financial institutions and corporate clients from the worlds of energy, telecoms, healthcare, retail and technology, in some of their most significant deals in the Brazilian market. The group continues to attract a big volume of private equity deals and is also engaged in a number of transactions related to the purchase and sale of start-ups by larger companies, funds and alternative sponsors. João Busin – ‘a great reference in the business area’ – is routinely instructed by private equity firms, venture capital funds and institutional investors in relation to domestic and cross-border transactional work. He oversees the group with Marcela Waksman Ejnisman, who marries in-depth knowledge of technology and data protection matters with extensive experience in M&A. Fernando Silveira Carvalho – who is especially active in the automotive, education, fintech, technology, logistics and shipping sectors – advises on corporate governance, commercial contracts and M&A. Oswaldo Dalla Torre has a strong international background, and focuses on contracts and international agreements. Other key individuals include: Silvia Castro Cunha Zono, a key contact for agribusiness clients; Beatriz Seixas, who specialises in M&A and private equity; and Victor Frias Françoso.

Brazil > TMT: Media

Handling both contentious and non-contentious mandates, TozziniFreire Advogados employs a cross-disciplinary approach, folding in its corporate, regulatory and IP expertise as it advises a number of media and entertainment clients. The group is frequently engaged by market-leading social media, gaming and e-sports companies, which turn to the team for its capabilities regarding the regulation of free speech, commercial agreements, licensing and copyright issues, among other matters. Marcela Waksman Ejnisman steers the team in a range of transactions, IP-related mandates, and agreements linked to the financing, broadcasting and distribution of content. Showcasing strength in the intersection of technology, media and data protection, Carla do Couto Hellu Battilana is a key contact for social media clients.

Brazil > TMT: Cybersecurity and data privacy

(Leading individuals)

Marcela Waksman EjnismanTozziniFreire Advogados

At TozziniFreire Advogados, the women-led data protection team – praised for its ‘exceptional expertise and comprehensive understanding of data protection laws and regulations‘ – handles a variety of non-contentious and contentious matters, ranging from data breaches to compliance programmes, impact assessments and due diligence exercises. Marcela Waksman Ejnisman leads on consulting matters, including regulatory and contractual work related to training and data compliance projects. Data sharing agreements and breaches are among Carla do Couto Hellu Battilana‘s core areas of activity, while IP, technology and digital law specialist Luiza Sato is often engaged in the structuring and implementation of LGPD-compliant programmes and policies. The firm’s litigation capabilities are also noteworthy; Patricia Helena Marta Martins steers the group in an array of administrative and judicial litigation matters, including high-profile cases involving tech giants and AI. Bruna Borghi Tomé and Sofia Gaviao Kilmar are other names to note for sensitive class actions, individual lawsuits, and administrative proceedings in this space.

Brazil > TMT: Tech, innovation and digital business

(Leading individuals)

Marcela Waksman Ejnisman – TozziniFreire Advogados

The ‘innovative and forward-thinking‘ department at TozziniFreire Advogados is comprised of two practices – technology and innovation, and cybersecurity and data privacy – which enable it to provide comprehensive advice across the technology landscape. Major social media and networking companies are key clients for the firm, which has been increasingly engaged by fintechs and tech start-ups in relation to regulatory challenges involving digital wallets, cryptocurrency and assets. In addition to its regulatory expertise, the group also showcases strength in tech-related litigation and transactions, notably technology transfer agreements, venture capital funding and software licensing. Consultancy work (including corporate, IP and data privacy matters) is led by technology expert Marcela Waksman Ejnisman, while Patricia Helena Marta Martins heads up the litigation team. Other noteworthy practitioners include Carla do Couto Hellu Battilana and Luiza Sato, the latter of whom joined from ASBZ Advogados  in July 2022; both specialise in core technology issues related to internet and digital law. Bruna Borghi Tomé has substantial experience in litigation concerning technology and data privacy.

Brazil > TMT: Telecoms

TozziniFreire Advogados attracts varied instructions from major telecom providers and operators of telecom towers seeking assistance in the negotiation of M&A transactions, infrastructure deals, commercial agreements and regulatory matters, including proceedings before ANATEL. Besides its strong domestic client base, the team is also a popular choice for international players, typically from the US, that offer internet-based telephone services. Corporate law specialist Marcela Waksman Ejnisman oversees the group, utilising her technology and telecoms knowledge to assist with regulatory and commercial issues. Luciana Bazan Martins Bisetti is a seasoned litigation attorney, who handles strategic cases for leading telecoms clients. Luiza Sato joined the firm from ASBZ Advogados in July 2022.

Brazil > Intellectual property

Combining a deep understanding of the local market with a global perspective‘, TozziniFreire Advogados is home to ‘a team of highly skilled lawyers with extensive experience in a variety of IP’ matters, including trade marks, copyright and technology agreements. Transactional matters involving IP assets and tech-related IP mandates are core strengths for the firm, which is proficient in prosecution, enforcement and litigation issues. Marcela Waksman Ejnisman is skilled at handling transactional and contentious matters in this space. She heads up the practice with Carla do Couto Hellu Battilana, who excels in the negotiation of joint venture agreements that involve IP and technology transfers. Associate Stephanie Consonni De Schryver assists domestic and international clients with the full spectrum of IP matters.