Fabiano Deffenti

Fabiano Deffenti

Senior Partner

PHONE
+55 11 5505-2481 (Brasil)
+61 7 3040 9301 (Austrália)

Practice Areas

  • Dispute Resolution
  • Complex contracts
  • International
  • Tax and Customs Law
  • Intellectual Property
Professional Experience

Fabiano Deffenti is qualified to practice law in the state of New York (as an attorney-at-law), in Australia (as a solicitor in the states of Queensland and the Australian Capital Territory), and in Brazil (as an attorney). He is also registered in New Zealand (as a barrister and solicitor). Before joining D&Q, he worked for two of Australia’s largest law firms and was a founding partner of one of the largest law firms in the southern region of Brazil, leading the São Paulo office.

He has extensive experience in advising foreign clients on business in cross-border transactions, especially those involving Brazil. Fabiano acts for multinational clients in the formation of joint-ventures and the establishment of new operations in different countries, as well in international litigation and arbitrations. He holds Australian, Italian and Brazilian citizenships.

In addition to writing several articles in Australia, Brazil and the United States, Fabiano was co-editor and wrote two chapters in the book Introduction to Brazilian Law by Wolters Kluwer (1st edition, 2011; 2nd edition 2016) and writes regularly on his blog LawsofBrazil.

Education
Acknowledgements
  • Chambers and Partners: Latin America 2012 – Ranked as “band 1” in dispute resolution in South Brazil, being praised “by the high tier service and excellent knowledge of foreign legal systems, including the systems in Australia and in the United Kingdom.”
  • Legal 500: Latin America 2012, 2013, 2014 e 2015 – Recommended in the area of Corporate Law/M&A e and Dispute Resolution, receiving praise for his “international experience”.
Publications
  • Author – www.lawsofbrazil.com (blog on Brazilian law developments that has been quoted in various reputable publications around the world)
  • Deffenti, F. & Barral, W. (Eds) (1ª Edição), 2011; (2ª Edição), 2016. Introduction to Brazilian Law. The Hague: Wolters Kluwer
  • Deffenti, F. “Enforcement of Arbitral Awards” Revista Brasileira de Arbitragem, São Paulo, v. 13, issue 5, pp. 210-240, July-September 2016.
  • Deffenti, F.; “Brazil’s new Code of Civil Procedure brings changes to international contracts and disputes” Financier Worldwide, July 2015.
  • Deffenti, F.; Cross-border taxation in Brazil: goods, services and intellectual property rights. Offshore Investment, Belfast, v. 242, p. 28, 2013.
  • Deffenti, F.; Looking to set up in Brazil – some unusual issues one might face… Offshore Investment, Belfast, 2013.
  • Deffenti, F. & Algarve, J. H. “Copyright vs. Droit D’Auteur and Abuse of Intellectual Property Rights Over Artistic Works” International Law News – American Bar Association, Washington, DC, v. 41, n. 1, p. 12-15, 2012
  • Deffenti, F. & Barral, W. (Eds), 2011. Introduction to Brazilian Law. The Hague: Wolters Kluwer
  • Deffenti, F. & Doll C. “Dallah Real Estate and Tourism Holding Co. v. The Ministry of Religious Affairs, Government of Pakistan” (Casenote) International Law News – American Bar Association, Washington, DC, Vol. 40, No. 2, p. 20-21, 2011
  • Deffenti, F. “A Common Law e o Engessamento Normativo” (Common Law and the Stiffening of the Rules), Valor Econômico, 20 abril 2009 (the leading Brazilian business newspaper)
  • Deffenti, F. & Machado, R. B.; “Recognition and Enforcement of Foreign International Commercial Arbitration Awards in Brazil, Australia, and New Zealand: a Brief Comparison” International Law News – American Bar Association, Washington, DC, v. 35, n. 01, p. 9-11, 2006
  • Deffenti, F. “A Homologação das Sentenças Arbitrais Estrangeiras Apósa Reforma do Judiciário” (The Registration of Foreign Arbitral Awards after Judiciary Reform) in A Reforma do Poder Judiciário, Machado, R. B. and Machado F. C. (Eds), 2006. São Paulo, Quartier Latin
  • Deffenti, F.; “Dow Jones & Company Inc v Gutnick e Seus Efeitos Sobre o Direito Cibernético” in Pimentel, L.O. (Ed.) Direito Nacional e Da Integração. Fundação Boiteux. Florianópolis: 2003
  • Deffenti, F; “Liability of Overseas Directors for Insolvent Trading under the Corporations Act 2001 – Alice in the Wonderland (A Comment on James v Andrews)” (2002) Findlaw Australia(www.findlaw.com.au/articles)
  • Deffenti, F; “Federal Court Applies Private International Law Principles to Jurisdictional Disputes within Australia” (2001) Vol. 21, No. 9 Proctor 23
  • Fitzgerald, Dr A and Deffenti, F; “Copyright Amendment (Moral Rights) Act 2000 (Cth)” (2001) Vol 4, Issue 4 European Intellectual Property Review N‑35
  • Fitzgerald, Dr A and Deffenti, F; “Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Bill 2000” (2001) Vol. 7, Issue 2 CTLR N‑17
Admissions and Professional memberships
  • Brazilian Bar Association – São Paulo (OAB/SP)
  • Attorney-at-law in the State of New York
  • Solicitor in Queensland. Australian Federal District and High Court of Australia)
  • Enrolled Barrister and solicitor of the High Court of New Zealand Queensland Law Society
  • American Bar Association (ABA)
  • Queensland Law Society
Languages
  • Portuguese (fluent)
  • English (fluent)
  • Spanish (fluent)
  • Italian (intermediate)
  • French (intermediate)
  • Indonesian (basic)
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