Marcelo Simão Solicitors has a highly experienced team of lawyers specializing in the Energy sector who are prepared to assist clients with all stages of project development, implementation and finance, litigation and regulatory compliance.

Marcelo Simão Solicitors represents multilateral agencies, financial institutions, national and multinational companies in project development, due diligences, public bids, financing (project, corporate, asset backed, structured, single-lender, syndicated, non-recourse, limited and full-recourse, etc.), M&A transactions, regulatory and administrative issues and litigation and arbitration proceedings in connection with Energy sector in Brazil. We offer legal assistance and litigation advice to investors, agents, associations and free consumers in the segments of generation, transmission, distribution and sale of power.

The Energy team provides legal services in tender procedures, due diligences and M&A in the power sector, drafting and negotiating contracts, as well as in obtaining permits and preparing consultations and opinions, especially in connection with: the construction and financing of hydro, wind, gas, coal and oil power plants; drafting and negotiation of joint venture agreements and consortium arrangements; public-private partnerships and other types of associations between private and state-owned companies for project development; due diligence in connection with the acquisition of energy assets and businesses in Brazil; engineering, procurement and construction contracts; equipment supply contracts; power purchase agreements; fuel and gas supply agreements; operation and maintenance contracts; insurance; negotiation, registration and enforcement of security packages taking into account legal and regulatory restrictions that apply to Energy projects in Brazil; auctions and contracts for purchase and sale of power in the free and regulated markets and within the CCEE (Electric Energy Exchange Chamber); contracts for the connection and use of transmission and distribution systems; contracts with consumers; contracts for sharing infrastructure; and contracts for swapping energy from independent producers and self-producers.

We also represent clients in administrative and judicial procedures involving regulatory and administrative law, in particular addressing: unbundling procedures; tariff reviews and readjustment; claims and contractual disputes; periodical inspections and punitive processes; challenging and complying with administrative acts and contracts; sharing infrastructure; establishing and maintaining administrative easements and expropriations; disputes with communities; use of the ground and strips of domain; regulatory filings and approval-seeking procedures for regulated transactions; lawsuits involving administrative malfeasance and strict liability of the Public Administration and its service delegates.