Ms Marcela Waksman Ejnisman > TozziniFreire Advogados > Sao Paulo, Brazil > Lawyer Profile
TozziniFreire Advogados Offices
R. BORGES LAGOA 1328
SAO PAULO, SP
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Ms Marcela Waksman Ejnisman
Corporate Law and Foreign Investment, Mergers and Acquisitions, Media & Entertainment, Intellectual Property, Telecommunications/Information Technology, Cybersecurity & Data Privacy, Technology & Innovation
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.
- 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).
- 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.
Brazil > Corporate and M&A(Leading individuals)
TozziniFreire Advogados‘ team is regularly instructed by a sizeable roster of prestigious corporate clients in an array of high-end and mid-market M&A transactions, private equity investments and divestitures, both domestic and cross-border in nature. Under the joint leadership of Marcela Waksman Ejnisman and João Busin, the practice has been notably active in high-profile deals in the technology and software fields, including fintech, as well as healthcare, logistics and infrastructure, among other sectors. Highlighted for its focus in innovation and strength in venture capital matters, the team has been ‘fostering the growth of new companies and entrepreneurship through Think Future‘, a programme whose focal point is on agile methodologies, visual law and legal initiatives that bring lawyers closer to the technical and operational areas of the law firm. On the topic of innovation, the firm has long utilised automated due diligence and AI sytems aiming at reducing costs and enhancing efficiency in the provision of legal services. Its D&I initiative (TFInclusão), which comprises affinity groups focusing on gender, LGBTIQA+, race, people with disabilities, refugees and sustainability, is also of note. The firm’s well-established pro bono programme goes from strength to strength; the firm reported an increase of almost 400% hours per year since 2017. Names to note in the M&A team include Maria Elisa Gualandi Verri, who acts for public and privately held companies in deals across the infrastructure, logistics and energy sectors, and Francisco Eumene Machado de Oliveira Neto, whose experience covers M&A, private equity, spinoffs and restructuring. Silvia Martins De Castro Cunha Zono marries M&A experience with in-depth knowledge of wealth and estate planning, while Fernando Silveira Carvalho is recommended for venture capital and foreign investments. Victor Frias Françoso ‘is an excellent professional and super available‘. Juliana Soares Zaidan Maluf and Beatriz Seixas recently joined from Pinheiro Neto Advogados, while João Ribeiro da Costa and Oswaldo Dalla Torre arrived from Landi, Rodrigues, Nakano e Giovannetti Advogados.
Brazil > TMT: Telecoms
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.
Brazil > TMT: Cybersecurity and data privacy(Leading individuals)
The cybersecurity and data privacy practice at TozziniFreire Advogados covers contentious and non-contentious data protection issues related to LGPD compliance, data breaches, and administrative and judicial proceedings. The litigation side of the practice regularly handles emblematic issues within the LGDP and internet law space, such as artificial intelligence, and intermediary liability for personal data in instances of illegality online. Marcela Waksman Ejnisman focuses her practice on contracts and advisory work related to data compliance programmes and training. Patricia Helena Marta Martins is a key contact within the team for litigation and administrative proceedings before the courts and regulators. Carla Do Couto Hellu Battilana is also a technology expert, regularly advising on data sharing agreements, data licensing and internal policies for clients. Luiza Sato joined the team from ASBZ Advogados in July 2022, bringing with her expertise across IP, technology and digital law.
Brazil > TMT: Media
Particularly adept in matters involving the intersection of entertainment and technology, TozziniFreire Advogados draws on its corporate, regulatory, and IP expertise to advise clients in both non-contentious and contentious issues. Free speech regulations, copyright, licensing, image rights, and trade marks are core areas of activity for the team, which is particularly sought by clients in the social media and computer games industries. Marcela Waksman Ejnisman leads the practice and has a broad base of expertise across the sector, with strength in copyright and trade mark issues relating to financing, broadcasting, distribution, and content governance. Carla Do Couto Hellu Battilana is a key contact for social media clients, and is particularly seasoned in matters involving e-sports competition, free speech and censorship in Brazil.
Brazil > TMT: Tech, innovation and digital business
Technology-related litigation is a core strength for TozziniFreire Advogados‘ technology and digital business practice, which is trusted by major international social media and networking companies in complex mandates. The team regularly advises on both regulatory and transactional matters, including technology transfer agreements, software licensing and venture capital funding. In addition, the team represents clients in civil and electoral disputes. The department is co-led by Marcela Waksman Ejnisman and Patricia Helena Marta Martins, with Ejnisman a key contact for contractual and advisory work and Martins focusing on civil litigation matters concerning data protection and AI. Carla Do Couto Hellu Battilana and Bruna Borghi Tomé are also of note, both advising on data protection issues.
Brazil > Intellectual property
TozziniFreire Advogados‘ IP practice is well known for its strength in internet, domain name and digital technology-related IP matters. Technology agreements, negotiations, transfers and licensing agreements are regularly undertaken by practitioners in the firm for high-profile domestic and international companies. M&A deals in which IP assets are a key consideration are also within the purview of the team, conducting due diligence and assessing potential liabilities across the spectrum of intangible properties, including copyright, trade marks and patents. The team also has a strong media and entertainment industry focus, advising on image usage rights, subsidiary rights and ambush marketing. The ‘exemplary’ team is co-led by transactional IP experts Marcela Waksman Ejnisman and Carla Do Couto Hellu Battilana. Stephanie Consonni De Schryver is also noted.
- Leading individuals - Brazil > TMT: Cybersecurity and data privacy
- Leading individuals - Brazil > Corporate and M&A
- Corporate and M&A - Brazil
- TMT: Cybersecurity and data privacy - Brazil
- TMT: Tech, innovation and digital business - Brazil
- TMT: Media - Brazil
- TMT: Telecoms - Brazil
- Intellectual property - Brazil
Top Tier Firm Rankings
- City focus - Porto Alegre > Commercial, corporate and M&A
- Competition and antitrust
- Labour and employment
- City focus - Porto Alegre > Tax
- Banking and finance
- Capital markets
- Corporate and M&A
- Tax > Customs
- City focus - Porto Alegre > Dispute resolution
- Dispute Resolution: Arbitration
- Dispute Resolution: Litigation
- City focus - Brasilia > Government relations
- Public law
- TMT: Cybersecurity and data privacy
- TMT: Tech, innovation and digital business
- Energy and natural resources > Electricity (and renewable energy)
- International trade
- City focus - Porto Alegre > Labour
- Life sciences
- Projects and infrastructure
- City focus - Brasilia > Public law and regulation
- Real estate
- Tax > Tax advisory
- Tax > Tax litigation
- TMT: Media
- TMT: Telecoms
- Intellectual property
- White-collar crime and investigations