Amauri G. Costa is a dual-qualified (Brazil/District of Columbia) attorney focused on cross-border corporate and commercial transactions, ranging from complex mergers, acquisitions and joint ventures to structured finance and trade finance matters. His transactional practice focuses on representing US- and Europe-based companies doing business in Latin America, and foreign companies doing business in the United States. Mr. Costa advises clients in the energy, telecommunications, information technology and financial services industries and assists extensively with interpreting the legal and regulatory environments in Latin America.
In his finance work, Mr. Costa represents both lenders and borrowers in project and trade finance transactions involving security interests in foreign jurisdictions. Many of these finance transactions are enhanced by support from private insurers, the U.S. Export-Import Bank, other export credit agencies or multilateral lending institutions. For nearly a decade, Mr. Costa represented a key U.S. agency in project finance transactions for small-and-medium sized enterprises in Latin America, Eastern Europe, and Asia.
Mr. Costa earned his LL.M. from Queen Mary and Westfield College in London in 1995, his graduate specialization in Brazilian corporate and commercial law from University Mackenzie in Brazil in 1991 and his law degree from the Law School of the University of São Paulo in 1990.
Mr. Costa is a Brazilian national with native Portuguese skills; he is also fluent in Spanish and English.
Areas of Practice
- Corporate Law
- Mergers and Acquisitions
- Project Development
- Regulatory Law
- International Law
- Energy/Renewable Energy
- Trade Finance
- Representation of U.S.- and Latin America-based lenders in trade finance transactions supported by the U.S. Export-Import Bank, other export credit agencies and private insurers. Transactions routinely require obtaining security interest in foreign countries.
- Representation of Portuguese bank in the restructuring of its U.S. operations and transfer of assets between affiliates or branches.
- Representation of U.S. agency in multiple project finance transactions for small-and-medium sized enterprises in Latin America, Eastern Europe, and Asia.
- Representation of three affiliates of a Brazilian power company in negotiation of loans from the Inter-American Development Bank to fund expansion of power distribution network in Brazil.
- Represented SCOR Global in the acquisition of 60% of the stock of AgroBrasil Administração e Participações Ltda. (“AgroBrasil”), a Brazilian agricultural insurance broker and leading provider of insurance brokerage services, allowing the client to expand into the Brazilian market.
- Represented Borrachas Vipal S.A., leading company in the tire retreading business, in the corporate and tax aspects of its multi-million-dollar acquisition of a controlling stake in U.S.-based competitor.
- Representation of Soletanche Freyssinet and its affiliates in acquisitions of stock and assets of companies in the United States, ranging from small family-owned businesses to multi-state corporations.
- Representation of EVO W12 USA, LLC in the sale of its membership management software development company to U.S. investor.
- Representation of US-based manufacturer of goods on issues related to Brazilian regulations of transfer of data from Brazilian subsidiary to be consolidated with company's other subsidiaries.
- Representation of MatlinPatterson fund in (i) managing local counsel in multiple lawsuits resulting from investment in Brazilian company, (ii) arbitration proceeding under ICC Rules of Arbitration resulting from sale of assets, (iii) sale of portfolio company in Brazil and (iv) divestiture of the fund's other assets. Representation included helping develop and implement strategy to handle litigation in Brazil and in New York, participating in settlement negotiations and drafting and negotiating purchase and sale documents.
- Representation of Brazilian renewable energy equipment manufacturer in proposed acquisition of assets in the United States.
- Representation of large solar energy developer in acquisition and development of solar energy generation projects located in multiple states in the U.S.
- Representation of German oil field equipment manufacturer in acquisition of stock of Brazilian distributor of its products.
- Representation of investment fund in acquisition and development of renewable energy projects in Brazil and other countries in South America, including wind generation, small-hydroelectric power plants and biomass facilities.
- Representation of municipality in the development of pumped-storage facility in California.
- Representation of U.S.- based power company in corporate dispute with local partner in Brazil, including extensive involvement in multiple lawsuits, arbitration proceedings and settlement negotiations.
- District of Columbia
- University of London, Queen Mary and Westfield College, LL.M., 1995
- Universidade Mackenzie, Graduate Specialization in Corporate and Commercial Law, 1991
- Law School of the University of São Paulo, LL.B., 1990
- Duane Morris LLP
- Partner, 2015-present
Bracewell & Giuliani LLP
- Partner, 2006-2015
- Associate, 1998-2005
- Pinheiro Neto, Advogados
- Associate, 1996-1998, 1988-1994
- Simmons & Simmons/Grupo Legal Portugues
- Foreign Associate, 1995-1996
The Brazil United States Legal & Judicial Studies Program
- Advising Council, 2013-present
- International Bar Association
Honors and Awards
- Named Domestic and International M&A Lawyer of the Year, Finance Monthly, 2020
Named a "Highly-regarded Lawyer - Project Development, Banking, Project Finance, Mergers and Acquisition," International Financial Law Review, 2018-2020
Euromoney Institutional Investor PLC, IFLR1000 Energy & Infrastructure Guide, Latin America, Leading Lawyer, 2013-2015
- "New Trends in Commercial Lending in Latin America," Financier Worldwide Magazine Supplement Opportunities in Emerging Markets, March 2007
- "Operacões Internacionais de Crédito (International Finance Transactions)", International Business Communications' Legal Newsletter, November 2006
"Telecommunications Sector: Brazil," BNAmericas, January 2003
Selected Speaking Engagements
- Speaker, “Political Intervention in M&A Deals – The Growth of Direct Investment Regimes and How to Navigate Them When Planning a Deal,” Annual M&A Seminar, International Association of Young Lawyers, Lisbon, Portugal, October 2019
- Speaker, "Joint Ventures: Brazil & U.S.," Symposium on Comparative Law of Contracts: Brazil & the United States, American University Washington College of Law, Washington, D.C., March 2017
Co-presenter, Brazil-U.S. Legal & Judicial Studies Program, Washington College of Law, American University, Washington, D.C., Fall 2013-present
- Speaker, "Litigating a Civil Case: Brazilian and U.S. Civil Case System Comparison," Issues in the Administration of Justice, International Judicial Academy, Washington, D.C., November 2012 and April 2013
- Moderator, "Legal Perspective and Current Framework," International Conference on Clean and Renewable Energy, Miami, November 2011
- Moderator, " Financing Sustainable Energy Projects, International Conference on Renewable Energy, Miami, November 2010
- Moderator, "Legal Infrastructure for Energy Integration Agreements in the Southern Cone," 4th Annual Energy Integration Congress, Rio de Janeiro, Brazil, October 2007
- Speaker, "Doing Business in Brazil," Brazil-Texas Chamber of Commerce, Houston, October 2004
- Speaker, "New Trends in Project Development in Latin America," First Annual International Project Development Conference, International Law Section of the State Bar of Texas, Houston, September 2004
- Speaker, "The Legal Aspects of Internet Access in Latin America," Fifth Annual Latin American Telecom and I.T. Conference, North Texas Global Telecommunications Society, Dallas, June 2003
- Moderator, "The Financing of Telecommunications Infrastructure Projects in Latin America," 8th Annual Telecom/IT Americas Conference, Institute of the Americas, Miami, June 2003
- Speaker, "Distinctions Between Civil Law and Common Law Systems," Bracewell & Patterson Internal CLE, Washington, D.C., July 2002
- Speaker, "Legal Aspects of E-Commerce in Latin America," Inter-American Bar Association, Washington, D.C., January 2001
- Moderator, "The Recent Advances in Information Technology in Brazil," Brazil in the Information Age, Brazilian Consulate General of Boston, May 2000