José Alessandro Alves da Silva
ADVOGADO OFF COUNSEL @ Almeida Advogados
About
• 30-years career in the Legal area at multinational companies, solid knowledge in Contracts (national and international), Consumer, Corporate, Civil Litigation, Labor, Tax, Bidding and Compliance Law; • Strategic management of civil, labor and tax litigation; • Management of corporate reorganization, M&A (including all CADE procedures), Spinoff and closure of productive plants; • Member of the Risk Analysis Group – Latin America; • Legal coordination of equipment-sale and service-rendering projects in Brazil and overseas (USA, Peru, Mexico, Argentina, Chile, Canada), negotiating and preparing contracts, financing, risk analysis and mitigation; • Active defense counsel in questions involving CONAR (National Counsel of Publicity Self-Regulation) and DPDC (Consumer Rights Protection Department); • Union negotiations and prospection of fiscal benefits for new-business implementation; • Direct activity in Bidding, participating in processes for privatization of Telecommunication companies; • International experience as expatriate – Mexico; • Control and optimization of Outsourced Law Firms; • Member of Legal Director and Vice-President Committees: AMCHAM (American Chamber of Commerce), SINDIPEÇAS (Auto-Parts Manufacturers’ Union), ABINEE (Brazilian Association of Electro-Electronics Manufacturers), ANFAVEA (National Association of Automobile Manufacturers), ABA (Brazilian Association of Advertisers).
Brazil
São Paulo
Automotive
Employment Law, Consumer Law, Litigation, Mergers, Tax, Corporate Law, Commercial Litigation, Corporate Governance, Licensing, International Law, Competition Law, Contract Negotiation, Compliance, Negotiation, Legal Advice, Dispute Resolution, Negotiating Contracts, Arbitration, Legal Research, Legal Writing
Experience

LEGAL AND COMPLIANCE DIRETOR / HEAD OF LEGAL AND COMPLIANCE
São Paulo Area, Brazil
• Legal management in preventive (Contract, Corporate, Consumer and Labor) and litigation (Civil, Tax, Consumer, Labor and Penal) areas. • Corporate reorganization, M&A and questions related to the Government Affairs • Elaboration, analysis and negotiation of national and international contracts: supply, transport, financing, on-demand-manufacturing, and banking guarantees; • Intense activity with CADE (Administrative Counsel for Economic Defense) in issues related to questions of market concentration; • Responsible for the Compliance including risk control and analysis, applying FCPA (Foreign Corrupt Practices Act), UK Bribery Act and Act 12.864/13 rules; • Coordination of union negotiations at all plants (disputes and litigation)

LEGAL AND COMPLIANCE DIRETOR / HEAD OF LEGAL AND COMPLIANCE
Campinas Area, Brazil
• Legal management in South America, in preventive (Contract, Corporate, Consumer and Labor) and litigation (Civil, Tax, Consumer, Labor and Penal) areas. • Corporate reorganization, M&A and questions related to the CVM (Securities Commission) • Elaboration, analysis and negotiation of national and international contracts: supply, transport, financing, on-demand-manufacturing, and banking guarantees; • Intense activity with CADE (Administrative Counsel for Economic Defense) in issues related to questions of market concentration; • Responsible for the Compliance area in South America, which includes risk control and analysis, applying FCPA (Foreign Corrupt Practices Act), UK Bribery Act and Act 12.864/13 rules; • Coordination of union negotiations at all plants (disputes and litigation) • Development of strategies to solve civil and labor disputes, avoiding company losses of over BRL 330 million

DIRETOR JURÍDICO E DE COMPLIANCE AMÉRICA DO SUL / LEGAL AND COMPLIANCE DIRECTOR SOUTH AMERICA
São Paulo Area, Brazil
• Legal management in South America, in preventive (Contract, Corporate, Consumer and Labor) and litigation (Civil, Tax, Consumer, Labor and Penal) areas; • Corporate reorganization and M&A (Mergers and Acquisitions), including activity at CADE and questions related to the Ferrari Act - Concessionaires; • Elaboration, analysis and negotiation of national and international contracts: supply, transport, funding, on-demand-manufacturing, and banking guarantees; • Control and optimization of external law firms in South America; • Responsible for the Compliance area in South America, which includes risk control and analysis, applying FCPA (Foreign Corrupt Practices Act), UK Bribery Act and Act 12.864/13 rules; • Development of strategies to solve civil and labor disputes, avoiding company losses of over BRL 180 million. • Management of negotiations that secured important contracts and fiscal benefits; • Responsible for plant-closures, avoiding serious conflicts such as strikes or blocking environmental authorities.

SENIOR LEGAL MANAGER LATIN AMERICA
MOTOROLA INDUSTRIAL LTDA.
Campinas Area, Brazil
• Spearheading the Legal Department in Latin America, in preventive (Contract, Corporate, Consumer and Labor) and litigation (Civil, Tax, Penal, Consumer and Labor) areas; • Elaboration, analysis and negotiation of national and international contracts: supply, transport, funding, on-demand-manufacturing, banking guarantees and national and international Bidding processes; • Corporate and fiscal structuring. Leadership of the Risk Committee; • Management of the CADE approval process in the company scission operation. • Expatriated in Mexico, improving productivity, economy and Legal Department effectiveness in Latin America. • Negotiations with consumer defense agencies (Public Prosecutor, DPDC, PROCON), avoiding sale prohibition and fines. • Conducting negotiations with the Union and Ministry of Labor Prosecutor, avoiding stoppages and fines.

LEGAL DIRECTOR
ALCATEL LUCENT BRASIL S.A
São Paulo Area, Brazil
• Legal Department coordination in preventive (contract, corporate, labor) and civil, tax, penal and labor litigation areas; • Elaboration, analysis and negotiation of national and international contracts: turnkey equipment and service supply, operation funding in Brazil and overseas, on-demand-manufacture contracts, banking guarantees and performance bonds, which brought revenue of over BRL 2 billion; • Leading national and international bidding procedures, from documentation to contract negotiation and signing; • Coordination of the Alcatel (French) and Lucent (American) merger process in Brazil, including defense and final operation approval from CADE.

PLENO LAWYER
NESTLE BRASIL LTDAL.
São Paulo Area, Brazil
• Work in the preventive areas (Contractual, Regulatory, Corporate and Consumer) and civil litigation (Consumer); • Elaboration, analysis and negotiation of national and international contracts: contracting of suppliers, internal and external financing, contracts of manufacture to order - "co-packer", bank guarantees and performance bonds; • Acting in the Ministry of Health in the approval of formulas and new products; • Elaboration of new policy and commercial distribution and representation agreements; • Successful defense in CONAR of complex advertising projects, avoiding losses over R$6 million; • Approval in the Ministry of Health of the new conceptualization of content for chocolates and candies.

JUNIOR LAWYER
São Paulo Area, Brazil
• Work in the preventive areas (Contractual, Corporate and Consumer) and civil litigation, Public biddings and issues of Tax Law; • Drafting, analysis and negotiation of contracts: supply, financing and sales; • Active participation in the issues of Consumer Law, defining with PROCON policy for analysis and forwarding of complaints. • Participation on the proceedings in the Telephony Privatization process in Brazil and in important tenders that preceded it. • Success in tax administrative and judicial defenses, with relevant tax savings (over R$5 million).
Education
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