"Luciana Celidonio, who is best known for insolvency expertise, but also does broader civil litigation."
 Latin Lawyer 250

Overview

Luciana Celidonio is a partner in the Litigation and Restructuring practices of Tauil & Chequer Advogados in the São Paulo office. She has more than 20 years of experience handling complex disputes (arbitration and litigation) involving banking, corporate and commercial litigation and bankruptcy-related litigation.

Luciana regularly handles matters related to debt financing and acquisition of distressed companies and assets. She has worked in relevant bankruptcy proceedings, such as the cases involving Oi Group, OAS Group, Schahin Group, Libra Group, Agrenco Group, Infinity Group, Arantes Group, Celpa, LBR, Seara, Heringer, UST – Usina Santa Terezinha, QGE Energy (out-of-court), Enseada (out-of-court) representing different stakeholders (creditors, investors, bond trustees and judicial administrators).

In arbitration, she has experience in proceedings conducted under the rules of the leading arbitral institutions. In the litigation field, she has represented domestic and foreign clients before the Brazilian Courts, from trial to appellate levels, in a wide range of controversies. 

Spoken Languages

  • Portuguese
  • English

Experience

Bankruptcy and Related Litigation

  • Representation of an investor interested in acquiring Viracopos Airport within the course of its judicial reorganization proceeding (analysis of insolvency aspects of debtor and its shareholders).
  • Representation of an investor interested in acquiring Rodovias do Tietê within the course of its judicial reorganization proceeding.
  • Representation of Ferrari Group, interested in acquiring a sugar mill plant within the course of Abengoa Energia judicial reorganization proceeding.
  • Representation of Albioma Group in Usina Rio Pardo judicial reorganization.
  • Representation of a supporting creditor in UST – Usina Santa Terezinha Group judicial reorganization including consultancy services related to the risks of a cross-border DIP Financing.
  • Representation of an investor that acquired a participation in a credit facility from one of the biggest secured creditors in Seara judicial reorganization.
  • Representation of a related party in Group Libra judicial reorganization.
  • Representation of one of the biggest creditors in QGE Energia extrajudicial reorganization which provided, among others, the conversion of debt into equity.
  • Representation of a relevant creditor in Heringer Fertilizantes judicial reorganization ($12 million).
  • Representation of an investor interested in acquiring four drilling ships in Sete Brasil judicial reorganization.
  • Representation of Samsung Group in several judicial reorganizations (Luli Group; Aço-Cearense Group;
  • Representation of one of the biggest creditors in Enseada extrajudicial reorganization.
  • Representation of The Bank of New York Mellon in its role as trustee for 20 billion bond issuances in all aspects of Oi SA cross-border judicial reorganization (Brazil's second largest ever bankruptcy).
  • Representation of Mizuho Bank and credit assignees, as the largest bank creditor in the bankruptcy proceedings (judicial reorganization and liquidation) of the Schahin Group ($500 million).
  • Representation of HSBC, the largest bank creditor to the judicial reorganization of OAS Group.
  • Representation of HSBC USA, in OAS Group judicial reorganization. Client was the only financial institution that, along with the bondholders, had a security interest over the most important asset of the debtor.
  • Representation of Itaú BBA in Tomé Group judicial reorganization.
  • Representation of ExxonMobil in OGX/Dommo judicial reorganization.
  • Representation of a syndicate formed by four Banks (Credit Suisse, Santander, Banco Bradesco and Natixis) and two investment funds in the restructuring of an export prepayment and credit agreement within the scope of the judicial reorganization of Arantes Group.
  • Representation of Portigon AG in the bankruptcy proceedings (Chapter 11 and subsequent Chapter 7 equivalents) of the Agrenco Group.
  • Representation of Banco Banestes in the judicial reorganization of Infinity Group as a creditor not subject to the effects of the plan.
  • Representation of The Bank of New York Mellon in its role as trustee in all aspects of several cross-border insolvency proceedings, such as the Rede Energia Group judicial reorganization, Arantes Group judicial reorganization, Celpa judicial reorganization and other cases.

Litigation, Credit Recovery and Others

  • Representation of a company and its shareholder / officers in seven different connected lawsuits filed by a minority shareholder involving a variety of corporate-related matters, namely annulment of general shareholders' meetings with interim relief seeking the suspension of voting rights; annulment of deed of donation of shares; production of expert evidence aimed at the valuation of the Company's shares.
  • Representation of a Chinese company in an enforcement proceeding (ação de execução) against several guarantors.
  • Representation of a construction company in an arbitration under the rules of the Centro de Arbitragem e Mediação da Câmara de Comércio Brasil – Canadá in a dispute arising out of a project design, construction, management, equipment supply and installation service Thermoelectric Plant. ‘
  • Representation of a Chinese Financial company in an enforcement proceeding (ação de execução) against several guarantors.
  • Representation of an investment fund administrator in four lawsuits involving potential liability for potential negligence related to the issuance of financial transactions.
  • Representation of a Syndicate of Banks (Banco do Brasil, Banco Itaú Unibanco and Bradesco) in several enforcement proceedings (ações de execução), in the approximate amount of $100 million.
  • Representation of HSBC Group in lawsuits for collection of credits in connection with fixed credit facilities – Finame (BNDES).
  • Representation of Portigon AG in the enforcement proceeding (ação de execução) of an Export Prepayment Agreement, in the approximate amount of $40 million.
  • Representation of a Korean company in four lawsuits involving a distribution agreement containing an arbitration clause.
  • Representation of a vehicle monitoring company in an arbitration under the rules of the Câmara de Conciliação, Mediação e Arbitragem CIESP/FIESP in a dispute arising out of a M&A agreement. The dispute involves interpretation of indemnification clauses and the award will determine who is liable for significant tax, labor and civil contingencies.
  • Representation of Portigon AG and Banco Mizuho do Brasil S.A. in the execution of agricultural warrants (CDA/WA), in the approximate amount of $10 million.
  • Representation of Portigon AG and Banco Mizuho do Brasil S.A. in several lawsuits filed by soybean producers aiming at cancelling agricultural bonds (CPR) granted in favor of the bank, in the approximate amount of $15 million.
  • Representation of Banco Mizuho do Brasil S.A. in a collection lawsuit involving monetary restatement arising from Government Economic Plans, in the approximate amount of $100 million.
  • Representation of Banco Fenícia in a lawsuit aiming to declare null the decision (final judgment) rendered in the collection lawsuit involving monetary restatement arising from Governmental Economic Plans (our firm was retained by a Syndicate of Banks interested in challenging an unfavorable precedent).
  • Representation of HSBC in several class actions filed by Public Attorney’s Offices and other entities involving Consumer Law and the lawfulness of certain banking charges and respective rules of Brazilian Monetary Board and Brazilian Central Bank.
  • Representation of HSBC in several lawsuits involving financial services.

Education

Universidade de São Paulo , Masters in Commercial Law (in course)

Columbia University, Winter Course promoted by TMA Brasil about US Bankruptcy Law

Fundação Getúlio Vargas (FGV/SP), Postgraduate Programme in Corporate Law Course

Georgetown University Law Center, LLM, with distinction, International Business & Economics
Dean's List

Faculdade Autônoma de Direito (FADISP), Postgraduate Programme Civil Procedure Law (thesis pending)

Pontifícia Universidade Católica, LLB

Admissions

  • Brazil

Activities

  • Member of Instituto Brasileiro de Estudos de Recuperação de Empresas
  • Member of TMA Brasil – Courses and events Committee
  • Member of TMA Brasil – Mediation Committee
  • Member of Bankruptcy Comission (Comissão de Direito Falimentar) of IASP – Instituto dos Advogados de São Paulo
  • Recognized at Leaders League 2020 as Recommended in Bankruptcy area
  • “Luciana Celidonio, who is best known for insolvency expertise, but also does broader civil litigation.” Latin Lawyer 250 – 2018, 2019 and 2020
  • Luciana Celidonio is recognized as "Next Generation Partner" in Bankrupcty and Restrucuring practice. "Luciana Celidonio draws on over 18 years of experience in corporate, commercial and bankruptcy-related litigation" – The Legal 500 – 2019
  • Recognized in International Financial Law Review (IFLR)’s Americas Awards 2019, Global M&A Network’s 11th Annual Turnaround Atlas Awards and Latin Lawyer’s Deal of the Year Awards for advising on the Oi restructuring deal.  
  •  Recognized at Leaders League 2019 as “Highly Recommended" in Litigation area.
  • Luciana Celidonio is recognized recognized at Análise Advocacia 500 Análise Advocacia 500 2019 in the category "Setor Econômico – Imobiliário".
  • "Luciana Celidonio devotes most of her time to banking and finance disputes". "Luciana Celidonio is active members of the team." - The Legal 500 - 2018
  • Luciana Celidonio is recognized at Análise Advocacia 500 2018 in the category "Hotel and Tourism".
  • Recognized in Latin Lawyer’s Deal of the Year Awards 2017 for advising on the OAS Group restructuring deal.
  • "Litigation specialist with a notable track record". The Legal 500 - 2016