Strategic Partnerships: Excellence Beyond Legal Advice
2022 was a challenging year for many sectors. The world was still in the grip of the pandemic as it entered the year, with industry and logistical chains feeling the toll as investments picked up slowly. In this complex economic scenario, Mattos Filho strengthened its role as a strategic business partner even further. Our legal advice considered a broader view of each client’s situation, where they operated, and their markets as we helped map the possible paths to leadership, innovation, and growth opportunities.
Furthermore, in 2022 we reinforced our multidisciplinary approach and how our various practices coordinate their work with each other.
"Most cases today require professionals with different expertise, experiences, visions and seniority. So, we combine our collaborative spirit – crucial to our DNA – with the benefits of technology, allowing us to serve our clients much faster. Today, problems are only becoming more complex and urgent, yet everyone at the firm is ready to help our clients quickly."
Another highlight was our ability to adapt quickly to a hybrid work model.
"We understand how clients would like to be treated. We are taking advantage of the best benefits this post-pandemic world has to offer, which has enabled us to get connected very quickly. At the same time, we are also enjoying the benefits of interacting face-to-face with clients again, discussing strategic topics that may demand closer contact."
We invested further in areas of expertise that already had dedicated partners and lawyers, which now are officially organized as practices within the firm – Agribusiness Law, Cryptoassets, Education, and Venture Capital.
This reorganization stemmed from our entrepreneurial drive and our focus on issues that have evolved to demand even more strategic and specialized expertise.
The result is not only the expansion and diversification of our full-service capabilities, but also the consolidation of our brand as a point of reference in a larger number of segments. This development has also manifested in the growth of our people. New practices require new knowledge, which we only achieve through training our professionals to evolve and engage.
The more we specialize, the better the dialogue we can establish with clients and the better our work becomes.
“Venture capital transactions have their own logic, and creating an exclusive practice gives us the intelligence to act within this dynamic system, which in turn emphasizes our agile, strategic approach to a sector we have already been operating in. Organizing Venture Capital as an official practice also helps the market to recognize us as an ideal partner focused on this type of transaction."
Our firm is a legal solutions platform; we accompany developments in the market and are prepared to manage our clients' needs at any stage of the process.
“The Venture Capital practice represents a clear example of this. Our multidisciplinary approach helps us provide connections with different specialties within the firm. We advise everyone from entrepreneurs who deal with the challenges of the initial phase of their businesses and need support in the validation of their products, to investors and corporations at a more advanced stage who seek to invest and develop their relationship with the technology and innovation ecosystem. We are business partners to our clients – we develop long-term relationships, working alongside them to celebrate victories and assist with challenges in adverse moments that require greater resilience. We are where clients find the answers to the most challenging scenarios they face,"
The same can be said for our Cryptoassets practice. Brazil has more individual investors in cryptoassets than in the stock exchange, and a formal legal framework for cryptoassets was enacted in 2022. This has contributed to Brazil’s standing as an exponent in the field, as there is now greater legal certainty for those who wish to carry out cryptoasset transactions.
"We united a group of partners who have followed the evolution of the legal and regulatory environment applicable to cryptoassets, including exchanges, platforms, managers, funds and opportunities in general. The Brazilian market has made significant, consistent progress in this area, leading important initiatives on the international stage. At Mattos Filho, our teams have been working in a comprehensive, multidisciplinary way as forerunners in transactions involving cryptoassets."
In 2022, we also became the only large Brazilian law firm with a specific Education practice. Despite being considered a relatively traditional sector, demands are increasing as it rapidly evolves due to technological innovation. The development of new learning habits within society in general, such as the shifting momentum toward distance learning and homeschooling, has also had an impact.
One of the Education practice’s highlights in 2022 regarded releasing a groundbreaking publication titled 'Como decide o CNE?' (‘How Does the CNE Make Decisions?’), which examined the powers of the Brazilian Education Council (CNE), its quantitative decisions and decisions related to debates on education legislation. The publication is important for understanding everyday regulatory matters regarding Brazil’s higher education institutions.
"We serve clients ranging from large corporations to non-profits, consulting on issues related to regulatory agencies. The diverse activities we carry out involve deep analysis and require strong integration between our various areas. This is only possible at a large firm that prioritizes collaboration as one of its main attributes in order to ensure excellent results for clients."
"Establishing our Education practice has positioned us as the only full-service law firm capable of offering highly specialized regulatory services in the area, which tends to be a characteristic of boutique firms. We also advise our clients in the sector on M&A transactions involving investment funds or even capital markets. This factor allows us to provide a level of service that removes the need for clients to hire two separate service providers,"
Meanwhile, Mattos Filho’s strong background in agribusiness matters evolved further in 2022 with the creation of a dedicated team for the sector, offering innovative and customized solutions throughout the entire agribusiness chain and in each of Brazil’s productive zones. In consolidating our operations, we brought several of our professionals from different areas under the umbrella of one united practice, fomenting greater expansion of the area and targeting the agribusiness sector as one of the priority focus areas of the firm’s growth.
Mattos Filho’s history with agribusiness goes back a long way.
“Professionals from different areas of our firm with links to agribusiness are increasingly joining forces, allowing us to operate in a more centralized, coordinated way. This way, we offer clients a perspective that is both multidisciplinary and industry-focused at the same time. All this occurs within the firm’s full-service structure, with legal services provided by professionals with longstanding experience in dealing with the specific characteristics of the agribusiness sector."
"We have worked on many emblematic M&A and financing deals in the industry, and in 2022, we took another step and strengthened our strategic focus on agribusiness. We created a group of partners and associates who were already intensely active in the sector and have come to lead initiatives in this industry, doing so with a special focus on productive regions such as in São Paulo's countryside and Brazil’s Midwest."
In a country with continental dimensions, each of Brazil’s five main regions has unique characteristics and warrants an analysis focused on local realities. In addition to the São Paulo-Rio de Janeiro-Brasília axis, our teams analyze the economies, business landscape and contexts of different areas, aiming to branch out in regard to relationships with clients, associations and universities, among other focal points.
"If we seek to connect with partner firms and clients in London, New York and other cities around the world, then it is perfectly normal for us to create similar relationships within our own country. We can find smaller and larger companies undergoing rapid growth in different parts of Brazil. All of them are seeking innovative solutions to evolve, like the ones we offer at Mattos Filho."
"We believe in the potential of all of Brazil’s different regions. Each must be analyzed and considered attentively to identify its specific features and characteristics. We map out markets and conduct diagnostics. We organize periodic visits and meetings at the offices of potential and current clients. It is important to meet people face-to-face and understand their situation. All of this represents a coordinated move by the firm to create more efficient processes."
“You must have a proactive mindset, make yourself present, and be recognized. You need to constantly remember the agribusiness companies’ decision-making centers have not shifted to Rio or São Paulo. The power remains where these companies are headquartered, which is great because it decentralizes innovation, includes more people, offers balanced opportunities, and allows different regions to develop. Looking at it this way involves thinking about how our legal work can stimulate Brazil's development more comprehensively."
A new firm for new times. To mark the thirtieth year of our operations in Brazil’s capital, we opened a new office in Brasília, with a larger, more modern space to meet the needs of our growing number of professionals and clients. As we have accompanied the development of Brasília and its surrounding region during this time, we have become the full-service law firm with most partners based in the city, with six.
This growth was especially important in the context of the 2022 Brazilian presidential election. Cases in the Regional Electoral Court and others concerning electronic systems and information technology companies resulted in an intense workload for the firm, in particular for our Litigation & Arbitration, White Collar Crime and Compliance & Corporate Ethics practices.
Our Government Relations practice was consolidated further in 2022 to provide solutions to issues debated in the executive and legislative spheres. The firm’s work in this area has fostered (and will continue to foster) ideas to develop Brazilian society and improve the performance of different sectors via interactions with public bodies.
The development of our offices in Rio de Janeiro and Campinas followed in a similar fashion in 2022. In Rio, our headcount expanded to 274 professionals. The office was particularly active in assisting the oil and gas sector – one of the region's core industries – and in the debate on new pathways toward energy transition. Its work in environmental law matters also matured significantly, as well as in areas such as civil litigation, labor, and tax.
In the city of Campinas, we are deeply integrated into a bustling business environment in one of the fastest-growing regions in Brazil outside the capital cities. We have contributed to local development in the two years since we opened an office in the city, ensuring closer contact and more agile service for the nine metropolitan regions in the state of São Paulo and for the state capital itself.
In 2022, we further strengthened ties with clients, companies, entities, chambers of commerce, universities and other institutions in Campinas.
"Mattos Filho's presence in Brasília is significant for all of our clients, as their cases often have some connection to what happens in the nation’s capital. Our new office reflects the firm’s standing in Brasília as a leader in anticipating trends and forming legal solutions based on cross-practice interactions coordination with our offices in other cities."
"In Rio, we develop innovative solutions based on a deep understanding of the local reality. The firm has actively participated in discussions on energy transition, sustainability, and innovation. Our culture is oriented around results and people's well-being, which helps us focus on essential aspects of our clients’ interests and society's development."
"Mattos Filho has quickly made a name for itself in the region – especially significant considering that a good part of this work took place in the context of restrictions stemming from the pandemic. We continue to envision solid potential for growth in this new situation, based on a robust structure and a consolidated international brand that is both welcoming and identifies us as an ideal business partner."
In 2022, we took steps to elevate the level of excellence in both our internal and external processes. A number of initiatives have been put in place via two new important programs.
The first, +Excelência (More Excellence), seeks to improve and uphold the highest standards of quality in everything the firm does. The program is focused on boosting knowledge of our processes, promoting training initiatives, reinforcing the firm’s core values, and improving client service. The program has already resulted in a variety of new internal resources, including a Portuguese-English glossary, a writing style guide, one-pagers and videocasts with tips for good client relationships. It has also approved specifictranslation providers to support our lawyers in producing legal documents.
"In a rapidly growing firm such as ours, we need to pay constant attention to standards of quality, form and substance that ensure high-level service. Excellence is our starting point, our way of being and the materialization of our legacy.”
"For us, it is not enough to deliver a well-written contract, thoroughly analyze a company's demands, or offer a technically accurate answer. The same standard of excellence must be upheld from the moment a client is welcomed at one of our offices to the very last step of the service. In offering the experience we want our clients to have, it is essential that every one of Mattos Filho’s professionals – even those who don’t directly interact directly with clients – performs their job to the highest possible standards. This result can only be guaranteed by looking carefully at our people and our processes."
The second program, Experiência do Cliente (Client Experience), moves in a similar direction, ensuring clients can recognize our teams' involvement throughout all stages of our work.
During the first phase of the program, a survey was carried out with the support of an external consultancy to help us understand clients’ perceptions of Mattos Filho, highlighting the brand's strengths and development opportunities. This was followed by a series of meetings and workshops in which we reflected on how we wanted to be seen and thought of, and what we would like our clients to feel when interacting with our teams. Such measures help us ensure better products and services and the best client experiences possible.
"While we obviously want to deliver work that is undoubtedly of the highest quality from a technical standpoint, we also want our clients to perceive the same level of effort in the service, in their experience with our people. We want them to feel at ease and realize that we are dedicated to resolving issues as a continuation of their own teams. We want them to be surprised and delighted, to come into one of our offices and feel welcome. Regardless of which area we are part of in the firm, we are all responsible for the success of this experience."
Learn more about the highlights of our work in 2022
Both before and during the 2022 Brazilian elections, we counseled large companies – essential to society and the economy – on discussions about Brazil’s electoral system. We also adapted to new demands regarding developments in the Brazilian General Data Protection Law (LGPD).
"After the LGPD was published [in 2018], companies had four years to invest in systems and training and change their internal processes to comply with the law. In 2022, the demands took on a different nature. The concerns were much more about how to deal with security incidents involving personal data and more strategic questions about privacy and data privacy and protection. Companies came to us to understand how their new products could be impacted. As for technology, Brazilians are known for being big consumers of new technological products and services. The firm meets each client’s needs according to their specific situation."
We also followed leading global trends regarding issues such as sports betting. As Brazil’s legal and regulatory systems move to open up to betting platforms, we supported them in structuring their operations from a tax and contractual perspective.
Our work in this busy market continued on three main fronts. Firstly, the transactional front – both in regard to new groups entering Brazil and others looking to sell their portfolios – as we participated in almost 100% of the transactions in Brazil in 2022. On the regulatory front, we monitored new initiatives from the Brazilian Private Insurance Authority (Susep) in response to new necessities. Finally, on the litigation front, there were genuine and legitimate concerns within the industry regarding a review of its role in light of questions from consumers.
"Our multidisciplinary approach allows us to share knowledge within the firm, which in turn increasingly establishes us a reference within the sector. Our holistic approach to clients’ needs and our proximity to the insurance industry were among the big highlights in 2022."
In 2022, we advised our clients on important corporate, tax and fund-related legislation updates, including adjustments to the Brazilian Securities and Exchange Commission’s (CVM) rules. With the evolution and expansion of this market – which individual investors now have access to – we supported new investors in structuring their products.
"The sectors we serve are highly diverse, including food and beverage, finance, and services. Moreover, different practices join us to better serve our clients – it is naturally a multidisciplinary, integrated effort."
Working with one of Brazil’s most strategic sectors, we actively participated in divestment transactions, matching buyers with refineries and oil and gas production fields, as well as companies that transport these inputs. Moreover, we were active in financial transactions regarding debt issuance or structured debt. Our Litigation, Infrastructure, Environmental Law and Tax practices were particularly active in the oil & gas sector during 2022.
"Our way of working – whether with the oil & gas industry or other areas – involves important discussions and exchanges of expertise between partners from different areas in relation to the market, the government, and companies in particular. In bringing together different experiences and insights, clients recognize us as experts on highly important and complex subjects."
We served retail sector companies in numerous segments, such as supermarkets, drugstores, clothing and textiles – each of which has its own particularities. From large, established organizations to newer players who have emerged in the wake of technological advancements, we assisted companies at every stage of growth and maturity.
In Brazil, the debate surrounding rules on the rate of the Tax on the Circulation of Goods and Services (ICMS) – levied on interstate sales – had significant impacts on retailers that operate with e-comerce platforms and long-distance sales. The law established a division of the tax between the state of origin and destination, giving rise to different interpretations in each location. With no unified position within the market, we advised clients on the best solutions on a case-by-case basis, establishing different strategies for different profiles.
In the automotive sector, a Federal Supreme Court (STF) decision on the so-called ‘thesis of the century’ – which excluded ICMS from the calculation base of the Social Integration Program Contribution Tax (PIS) and the Social Security Financing Contribution Tax (Cofins) – gave rise to a number of business disputes. Our team analyzed the case from a tax, civil and commercial relationship risk point of view to establish the best strategies for some of the major players involved in these cases.
We increased our client portfolio in the automotive sector significantly in 2022 – a highly industrialized sector facing several critical regulatory issues. This highly diversified sector encompasses the entire vehicle production chain and has proven strategic for Brazil in fostering opportunities, whether in road transport (the predominant form of transport in Brazil) or urban mobility.
"With the transition from the combustion car to the electric car, the future is arriving. With increasing connectivity, there are several information security-related discussions regarding cars, which, as well as functioning as automobiles, will be considered multimedia technology hubs capable of exchanging enormous volumes of data. In addition to technological and logistical issues, these changes are set to lead to considerable legal challenges."
Both before and during the 2022 Brazilian elections, we counseled large companies – essential to society and the economy – on discussions about Brazil’s electoral system. We also adapted to new demands regarding developments in the Brazilian General Data Protection Law (LGPD).
"After the LGPD was published [in 2018], companies had four years to invest in systems and training and change their internal processes to comply with the law. In 2022, the demands took on a different nature. The concerns were much more about how to deal with security incidents involving personal data and more strategic questions about privacy and data privacy and protection. Companies came to us to understand how their new products could be impacted. As for technology, Brazilians are known for being big consumers of new technological products and services. The firm meets each client’s needs according to their specific situation."
We also followed leading global trends regarding issues such as sports betting. As Brazil’s legal and regulatory systems move to open up to betting platforms, we supported them in structuring their operations from a tax and contractual perspective.
Our work in this busy market continued on three main fronts. Firstly, the transactional front – both in regard to new groups entering Brazil and others looking to sell their portfolios – as we participated in almost 100% of the transactions in Brazil in 2022. On the regulatory front, we monitored new initiatives from the Brazilian Private Insurance Authority (Susep) in response to new necessities. Finally, on the litigation front, there were genuine and legitimate concerns within the industry regarding a review of its role in light of questions from consumers.
"Our multidisciplinary approach allows us to share knowledge within the firm, which in turn increasingly establishes us a reference within the sector. Our holistic approach to clients’ needs and our proximity to the insurance industry were among the big highlights in 2022."
In 2022, we advised our clients on important corporate, tax and fund-related legislation updates, including adjustments to the Brazilian Securities and Exchange Commission’s (CVM) rules. With the evolution and expansion of this market – which individual investors now have access to – we supported new investors in structuring their products.
"The sectors we serve are highly diverse, including food and beverage, finance, and services. Moreover, different practices join us to better serve our clients – it is naturally a multidisciplinary, integrated effort."
Working with one of Brazil’s most strategic sectors, we actively participated in divestment transactions, matching buyers with refineries and oil and gas production fields, as well as companies that transport these inputs. Moreover, we were active in financial transactions regarding debt issuance or structured debt. Our Litigation, Infrastructure, Environmental Law and Tax practices were particularly active in the oil & gas sector during 2022.
"Our way of working – whether with the oil & gas industry or other areas – involves important discussions and exchanges of expertise between partners from different areas in relation to the market, the government, and companies in particular. In bringing together different experiences and insights, clients recognize us as experts on highly important and complex subjects."
We served retail sector companies in numerous segments, such as supermarkets, drugstores, clothing and textiles – each of which has its own particularities. From large, established organizations to newer players who have emerged in the wake of technological advancements, we assisted companies at every stage of growth and maturity.
In Brazil, the debate surrounding rules on the rate of the Tax on the Circulation of Goods and Services (ICMS) – levied on interstate sales – had significant impacts on retailers that operate with e-commerce platforms and long-distance sales. The law established a division of the tax between the state of origin and destination, giving rise to different interpretations in each location. With no unified position within the market, we advised clients on the best solutions on a case-by-case basis, establishing different strategies for different profiles.
In the automotive sector, a Federal Supreme Court (STF) decision on the so-called ‘thesis of the century’ – which excluded ICMS from the calculation base of the Social Integration Program Contribution Tax (PIS) and the Social Security Financing Contribution Tax (Cofins) – gave rise to a number of business disputes. Our team analyzed the case from a tax, civil and commercial relationship risk point of view to establish the best strategies for some of the major players involved in these cases.
We increased our client portfolio in the automotive sector significantly in 2022 – a highly industrialized sector facing several critical regulatory issues. This highly diversified sector encompasses the entire vehicle production chain and has proven strategic for Brazil in fostering opportunities, whether in road transport (the predominant form of transport in Brazil) or urban mobility.
"With the transition from the combustion car to the electric car, the future is arriving. With increasing connectivity, there are several information security-related discussions regarding cars, which, as well as functioning as automobiles, will be considered multimedia technology hubs capable of exchanging enormous volumes of data. In addition to technological and logistical issues, these changes are set to lead to considerable legal challenges."
