Brazil

Cross‑border engagement between Brazil and the United States presents distinct legal, cultural, and operational considerations, particularly for businesses operating across different legal systems. Through its Brazil Desk, the firm provides coordinated US legal guidance informed by a practical understanding of Brazilian business practices and legal frameworks.

The Brazil Desk is led by a team of Portuguese speakers across multiple practice areas, providing seamless communication and an authentic understanding of Brazilian business culture and needs.

Our success stems from deep roots in Brazil, where we have lived and practiced law for many years prior to joining the firm, giving us a profound understanding of the Brazilian legal system and the practical challenges that Brazilian clients face in the United States. With this unique perspective, we are a true bridge between Brazil and the United States.

We are also trusted partners to Brazilian law firms, acting as local counsel for cross-border transactions and litigations. Our firsthand experience practicing law in Brazil enables us to communicate effectively with Brazilian counsel and anticipate questions and concerns. 

Our Focus

From protecting global brands, to acquiring and disposing of assets, to resolving commercial disputes and navigating trade and customs compliance, ArentFox Schiff can help Brazilian clients achieve their goals. 

Intellectual Property

ArentFox Schiff is a go-to IP firm for Brazilian companies. We bring deep experience with the Brazilian National Institute of Industrial Property (INPI) and firsthand familiarity with the challenges of IP litigation in Brazil—from trademark disputes in Federal Courts to complex patent injunction matters in State Courts. This dual perspective allows us to guide Brazilian clients seamlessly in the United States. We advise on patent portfolio management, trademark enforcement, copyright, and licensing. We are AI and privacy experts and help Brazilian companies navigate these cutting-edge issues.

International Trade  

Our team advises clients on customs/import compliance, trade policy, trade litigation, export controls and sanctions, and international anti-corruption and the Foreign Corrupt Practices Act. For instance, we help clients with export compliance, such as the Export Administration Regulations (EAR), and the Department of State, Directorate of Defense Trade Controls (DDTC) regulations (ITAR). We help clients minimize supply-chain interruption, achieve actual duty and fee savings, respond to government inquiries and actions, implement import compliance programs, and avoid costly penalties, sanctions, and port delays. We also handle investigations of violations and represent clients in voluntary disclosures to U.S. agencies.

Corporate

We understand the corporate and transactional needs of Brazilian companies, which often operate with limited staffing in the United States and need help in the United States. We advise clients on corporate governance and compliance, along with employment needs (e.g., executive employment contracts, handbooks, discrimination claims, trade secrets, and non-competes), immigration, real estate leasing, product issues (including regulatory approvals and plaintiff’s claims), vendor contracts, and other day-to-day business issues. We also advise clients on transactions, including acquisitions or dispositions of businesses and real estate, joint ventures, financing (through banks or private/public offerings of equity and debt), and securities compliance.

Litigation and Arbitration

Armed with more than 200 litigators, we have argued and defended thousands of civil and criminal cases in federal and state courts across the United States and before regulatory agencies and arbitral tribunals around the globe. Our Brazil Desk team brings a deep understanding of Brazil’s civil law system and hands-on litigation experience in Brazilian Federal Courts, State Courts, and High Courts, including complex class actions. This background, combined with our International Arbitration & Dispute Resolution practice, provides a unique perspective that appreciates the international nature of each dispute and the intricacies of the international arbitral process.

Tax

We provide comprehensive tax services to Brazilian companies, entrepreneurs, and high-net-worth individuals with interests in the United States. Our team uses practical business judgment and technical experience to achieve optimal results in corporate tax, international tax, trusts and estates, real estate tax, and tax controversy matters. We develop creative, customized solutions for Brazilian clients navigating cross-border tax issues, designing context-specific structures that consider United States and Brazilian tax regimes while minimizing risk. Whether assisting multinational organizations, advising Brazilian families on wealth preservation and legacy planning, or representing clients in tax disputes, our team delivers personalized strategies.

Government Enforcement & White Collar

Our Government Enforcement & White Collar team provides Brazilian companies and individuals with strategic, results-driven representation in investigations, regulatory and enforcement matters, and complex litigation throughout the United States. Our highly credentialed team—with former U.S. Attorneys, federal and state prosecutors, and former government officials—has the experience to handle any situation involving governmental or regulatory scrutiny. We represent clients in internal and government investigations, enforcement actions by federal and state agencies, grand jury proceedings, criminal trials, and parallel civil litigation. Our practice extends beyond a reactive defense: we proactively investigate, review, and counsel Brazilian clients to mitigate risk. Working closely with our International Trade & Investment and other practice groups, we provide comprehensive guidance on matters including export/import violations, FCPA compliance, securities fraud, healthcare fraud, and tax offenses—delivering full-service support.

Immigration and Benefits

We have significant experience getting work authorization for Brazilians moving to the United States. This includes counseling the company on the appropriate corporate structure (branch, affiliate, subsidiary, joint venture, parent) to meet various goals. We will develop cost-effective strategies, such as registering the company as a treaty investor or treaty trader so that Brazilian citizens can work in the United States in executive, supervisory, or essential skills positions. We also prepare and file individual petitions with US Citizenship and Immigration Services for a person of extraordinary ability and help with other types of work authorization.

Focus Areas

• Intellectual Property
• International Trade & Investment
• Corporate & Securities
• Litigation & Arbitration
• Tax
• Government Enforcement & White Collar
• Immigration

What Do We Do

• Advise Brazilian companies on US intellectual property matters, including patent portfolio management, trademark enforcement, copyright, licensing, and emerging AI and data privacy issues.
• Counsel on international trade and customs matters, including import compliance, export controls, sanctions, trade litigation, and anti‑corruption considerations such as the Foreign Corrupt Practices Act.
• Provide corporate and transactional advice on governance, compliance, employment, immigration, real estate leasing, commercial contracts, and US business operations.
• Represent clients in US federal and state litigation, arbitration, and regulatory proceedings, including matters with cross‑border dimensions.
• Advise on US tax matters involving corporate, international, real estate, trusts and estates, and tax controversy considerations.
• Represent companies and individuals in government investigations, enforcement actions, and related civil and criminal proceedings.
• Assist with US immigration and work authorization strategies for Brazilian companies and individuals.

Who Do We Help

• Brazilian companies operating or investing in the United States.
• Brazilian law firms seeking US local counsel.
• Brazilian entrepreneurs, executives, and high‑net‑worth individuals with US interests.

How Can We Help

The Brazil Desk supports clients navigating regulatory change, compliance reviews, investigations, disputes, transactions, and the establishment or expansion of US operations. Attorneys coordinate across practices and, where appropriate, with Brazilian counsel to address procedural differences, enforcement risk, and commercial realities that arise in cross‑border matters.

Frequently Asked Questions

What is the ArentFox Schiff Brazil Desk? 

The Brazil Desk is a cross‑practice team within ArentFox Schiff that advises Brazilian companies, law firms, and individuals on US legal matters. The team focuses on matters that involve Brazilian parties, Brazilian legal considerations, or cross‑border activity between Brazil and the United States.

Who does the Brazil Desk work with?

The Brazil Desk works with Brazilian companies operating or investing in the United States, Brazilian law firms seeking US local counsel, and individuals with business or personal interests in the United States. Matters may involve commercial activity, regulatory compliance, disputes, investigations, or immigration and employment issues.

How is the Brazil Desk different from a traditional US practice group?

The Brazil Desk brings together attorneys across multiple practice areas who have lived and practiced law in Brazil and who work regularly with Brazilian clients and counsel. This background informs how US legal advice is framed, coordinated, and communicated, particularly where Brazilian legal concepts or business practices are relevant.

Do Brazil Desk attorneys speak Portuguese?

Yes. The Brazil Desk includes native Portuguese speakers at the partner, associate, and staff levels. This supports direct communication with Brazilian clients and counsel and helps reduce the risk of misalignment in cross‑border matters.

Does the Brazil Desk work with Brazilian law firms?

Yes. The Brazil Desk frequently works alongside Brazilian law firms, including serving as US local counsel on cross‑border transactions, litigation, arbitration, investigations, and regulatory matters. Attorneys’ experience practicing law in Brazil helps facilitate coordination and anticipate issues that may arise across jurisdictions.

What types of legal matters does the Brazil Desk handle?

The Brazil Desk supports a wide range of US legal matters, including intellectual property, international trade and customs, corporate transactions, litigation and arbitration, tax, government enforcement and investigations, immigration, and employment‑related issues. The scope of work depends on the client’s needs and the facts of each matter.

Does the Brazil Desk advise on both US and Brazilian law?

The Brazil Desk provides US legal advice. While attorneys bring firsthand experience with Brazilian legal systems and institutions, Brazilian law advice is typically provided by Brazilian counsel. The Brazil Desk works in coordination with Brazilian lawyers where matters involve both jurisdictions.

How does the Brazil Desk approach cross‑border disputes and investigations?

The Brazil Desk approaches disputes and investigations with attention to procedural differences between US and Brazilian systems, including evidentiary standards, regulatory frameworks, and enforcement practices. Attorneys coordinate across practices and, where appropriate, with Brazilian counsel to address the international dimensions of a matter.

Can the Brazil Desk assist Brazilian companies establishing US operations?

Yes. The Brazil Desk advises Brazilian companies on a range of issues related to US operations, including corporate structure, governance, employment matters, immigration planning, real estate leasing, regulatory considerations, and commercial contracts. Advice is tailored to the company’s structure, goals, and US footprint.

Does the Brazil Desk handle immigration matters for Brazilian nationals?

The firm assists Brazilian companies and individuals with US immigration and work authorization matters, including treaty‑based visas, employment‑based petitions, and related corporate planning considerations. Strategies depend on the individual’s role, the company’s structure, and applicable immigration requirements.