Experience
Felipe works in the prevention and resolution of strategic disputes and advises businesses on civil and corporate law matters, with a focus on agribusiness. He represents the interests of agribusiness clients, especially trading companies, domestic and multinational mills and industries, and financial institutions, managers, and investors in cases involving credit recovery, contracts, civil liability, property rights, and other civil, corporate, and agricultural law issues. He has a distinguished track record in insolvency and distressed asset matters, representing creditors in major judicial reorganization cases involving rural producers and agribusiness companies in Brazil. Felipe has advised multinationals on secondment and has experience in drafting and reviewing business contracts and advising businesses on matters related to the entire agribusiness chain.
Academic background
• University of São Paulo (USP), Bachelor of Laws
• Pontifical Catholic University of São Paulo (PUC), Postgraduate studies in Judicial Recovery of Companies and Bankruptcy
• University of São Paulo (USP), Master’s degree in Civil Law.
Practice areas
• Civil litigation and advisory services;
• Judicial reorganization and bankruptcy;
• Business contracts and agricultural contracts; and
• Agricultural law, rural real estate, and agribusiness law.
• Credit recovery and legal defense of the interests of trading companies, input companies, and companies in the sugar-energy and biofuel sectors in commercial disputes involving financing of agricultural activities, purchase and sale of commodities, CPRs, and guarantees typical of agribusiness;
• Legal defense of the interests of companies in the agribusiness sector in disputes involving the termination of various contractual service relationships typical of the agribusiness sector, distribution, and commercial representation;
• Legal defense of the interests of agribusiness companies in contractual and non-contractual indemnity actions for damages alleged in the exercise of their activities (area spraying, neighbor relations, accidents under the jurisdiction of civil courts, provision of agricultural services and supply of inputs and seeds);
• Legal defense of the interests of companies in the sugar-energy and biofuel sectors in contractual and possessory disputes involving rural leases and partnerships, regulated by the Land Statute;
• Intervention as amicus curiae in strategic legal actions in the sector, pending before the Superior Courts, representing agribusiness associations;
• Legal disputes involving storage, elevation, and provision of port services on a take-or-pay basis, between trading companies and port terminals;
• Legal defense of trading companies’ interests in case law in favor of the viability of washout or Market to Market collection in the event of default on raw material origination contracts;
• Legal defense of creditors’ interests in various judicial reorganizations, notably in agribusiness and in the judicial reorganization of rural producers, involvement in the main discussions and leading cases on the subject, such as the nature of the rural producer’s registration with the commercial registry, the timing of incorporation and submission of credits to the procedure, family economic groups and their standing to sue in judicial reorganization, the non-subjection of obligations and guarantees to judicial reorganization, and the essentiality of property and assets;
• Representation of creditors in the financing of companies undergoing judicial reorganization, either through support as strategic creditors or via DIP financing;
• Pre-litigation advisory services for trading companies, input companies, and companies in the sugar-energy and biofuel sectors, related to transactions typical of their businesses, notably in the origination of raw materials and disputes with commercial partners and service providers; and
• Drafting and reviewing internal commercial conduct manuals in raw material sourcing agreements and typical agricultural agreements, taking into account the most recent case law.
• Drafting and reviewing contracts used by trading companies, producers, and resellers of agricultural inputs, companies in the sugar-energy, pulp and paper, biofuel, and horticultural sectors to carry out their commercial activities, involving standards for raw material sourcing, rural partnerships, leasing, purchase and sale of inputs (pesticides and fertilizers), logistics, sale of by-products, and export.
• Drafting and reviewing credit instruments and collateral instruments most commonly used by trading companies and producers and resellers of agricultural inputs in agribusiness financing.
• Recurring advisory services, in the contractual sphere, on credit and pre-litigation for trading companies, companies in the sugar-energy, pulp and paper, biofuels, and horticultural sectors, in transactions necessary for the development of their businesses, notably the sourcing of raw materials and commercial disputes.
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