Corporate, M&A and Arbitration

In a worldwide connected society qualified by its intangible assets, technology is established as base and competitive differential for any business. In this context, the rendering of specialized service to companies that aim to enable or consolidate their innovative projects through the identification and analysis of risks is indispensable, ensuring the good corporate governance and legal conformity, aligned with the segment, business and in the generation of opportunities.

In recent years, the IT segment had leaded the mergers and acquisitions transactions for a longtime. These are complex procedures, in which market aspects are mixed to regulatory issues and they impact the business valuation. I.e., it is necessary to understand the business to align the strategy and trace the operation in legal conformity before the control agency.

This necessity does not appear only to large companies, but also to startups, mainly in the operations of acquisitions.

We highlight the main activities, combining legal security, technological and economic knowledge:

• Advisory for corporate subjects, since its planning, formation agreements, reorganizations, mergers, acquisitions, spin-offs, constitution of holdings and partnerships that come to be performed;
• Due Diligence aiming at the confirmation of information for Mergers, Acquisition of Technology Companies or assets;
• Implementation of policies and Information Security Standards, to serve compliance requirements.

In any legal business, we cannot avoid thinking how a possible conflict composition would be. Either in the corporate department or in the technology agreements, the companies have been looking for quick and balanced solutions.

The arbitration is a conflict resolution mechanism indicated for these situations and it is important that the parties define in the agreement the option to use it. The arbitration clause, in order to reach its full effectiveness, should be elaborated in accordance with the requirements of Law 9.307/1996, and the parties shall analyze the regulation and choose the best Chamber.

The arbitral award has the same effect as the judicial sentence. It is safe when agreed between the parties in the contractual stage, facilitating its management, because the discussions will be settled at a certain location and in an already established manner.