AREAS OF ACTIVITY
Bearing in mind recognition afforded to the services rendered in the port and maritime area, Ruy de Mello Miller Law Firm has specialized in serving clients involved with operations connected with the port, off-port bonded warehouses, offshore, maritime carriage and trade.
Having as a goal specializing in Maritime and Port Law, the office’s activity comprises Civil, Corporate, Tax, Customs, Administrative, Regulatory, Environmental and Real Property Law, featuring:
Maritime and Port Law
Acting both in court and as a consultant in contract disputes, navigation accidents, issues pertaining to strict liability of service providers, indemnity actions for cargo damage, disputes regarding vessel berthing, collection and recovery of credits, disputes with insurance companies, lawsuits for cargo and bills of Lading clearance, vessels’ arrests. Legal assistance to shipping lines, terminals and port operators, importers and exporters, terminals and offshore industries. Preparation of carriage contracts, contracts for the utilization of port infrastructure such as warehousing and movement (port operation) of goods, economic regulations, foreign companies representation (such as cargo forwarders). Recovery of credits (administrative steps and court actions) resulting from freight, demurrage, storage and others pertaining thereto. Acting in administrative proceedings before the Maritime Court, Port Captaincy (Harbor Master) Special Port Secretariat, ANTAQ (Brazilian Water Carriage Agency), CODESP (State of São Paulo Port Authority).
Consulting and acting in court before Customs offices in order to obtain clearance of goods seized (for instance, under-invoicing), tariff classification, application of Special Customs Procedures, notices of violation (fines levied on parties involved in foreign trade operations: carriers, shipping agents, cargo forwarders and bailees).
Consulting regarding implementation of port enterprises involved with gas and petroleum industry, such as drawing up agreements between private parties, assisting in contracts with the public authorities (Port Authority, ANTAQ, ANP - National Petroleum Agency, SEP – Special Port Secretariat), installation of port infrastructure, bidding, representation before regulating agencies, assistance with special admission procedures of craft and equipment involved in gas and petroleum exploiting and extraction, etc.
Acting in all branches of corporate law with emphasis on organizing and assisting domestic and foreign companies in undergoing mergers and acquisitions, as well as in actions pertaining to such movements. Corporate and regulatory law and dealing with financing and reorganization of companies and debts.
Assisting foreign and domestic companies in analysing, revising, making up and negotiating domestic and international agreements.
Assisting with administrative proceedings initiated by District Attorney’s office (product spillage, licenses, potentially polluting activities) and litigious (public civil action); acting in administrative proceedings before governmental agencies, such as CETESB, ANVISA and IBAMA. [State of S. Paulo Environmental Sanitation Technology Agency, Brazilian Sanitary Protection Agency, Brazilian Environment and Natural Renewable Resources Agency, respectively].
Ratification of foreign judgements, including arbitration awards and enforcement of rogatory letters, as well as appeals in cases before the Federal Supreme Court. Production in Brazil of notices, and fact finding briefs to be presented to Court, as required in actions submitted to foreign jurisdiction. Guidance and follow up of defense of Brazilian companies before foreign jurisdictions.
Real Property Law
Assistance in real estate transactions, purchase and sale, amalgamations and leases.
Acting in Court and before arbitration panels. Ratification and enforcement of foreign arbitration awards.
As consultants and in litigation, particularly in connection with import and export activities and transport of goods.
Administrative and Regulatory Law
Consulting pertaining to permits and licenses to be granted by regulating agencies, both administrative and in court, legal opinions.
Port, Union and collective labor laws, defense of claims of indemnity for material damages and pain and suffering resulting from employment-related accidents. Administrative proceedings before the Gerência Regional do Trabalho (MTE) [Regional Labor Management] and District Attorney’s office for labor issues.
The office also enjoys a solid partnership with a practice specializing in Criminal Law.
Bidding and Public Contracts
Consulting with regard to bidding and regulatory issues, reviewing and discussion of public contracts.