Renata Neeser

Renata Neeser provides comprehensive labor and employment solutions to multinational companies, with a depth of experience in both New York and Brazilian labor and employment law. She regularly advises foreign companies as they navigate U.S. employment laws, with a particular focus on executives. Renata also advises foreign and domestic companies on the employment aspects of M&A, as they relate to the hire, transfer and termination of executives and other business restructurings involving various sizes and structures of RIFs. Additionally, Renata is a go-to resource for clients across the U.S. and around the world on Brazil-specific labor and employment matters, and the newly effective Brazilian Data Privacy Law (LGPD). With years of practice in Brazil and New York, Renata is uniquely positioned to provide HQs with sensible advice on their Brazil operations.

Renata has been certified by the International Association of Privacy Professionals (IAPP) as Certified Information Privacy Professional for Europe (CIPP/E) and Certified Information Privacy Manager (CIPM), which shows her knowledge of the General Data Protection Regulation (GDPR) and global data privacy concepts concerning the management and protection of personal data and trans-border data flows.

Renata’s noteworthy new projects include:

COVID-19 Pandemic-related

• Leading, collaborating and participating in several multicountry surveys and projects in 2020-2021 relating to telework and WFH arrangements, wandering workers located outside the U.S., return-to-work policies, mandatory testing and vaccination, and permanently becoming virtual employers.
• Counseling on different structures available in Brazil and other Latin American countries to reduce employment costs (furloughs, reduction of salary/hours, collective vacation, bank of hours, telework) and termination of employment.
• Advising on the implementation and drafting of ERISA plan and related documents for voluntary departure plans (VDPs, ERO, VSPs) and involuntary termination programs, including those involving multiple decisional units (domestic and global), and OWBPA disclosures, as well as separation agreements for executives.

Data Privacy

• Counseling on adapting GDPR notices and processes to comply with LGPD.
• Advising on limitations to data subject rights, consent requirements, D&I voluntary surveys of sensitive personal data, and international transfer of personal data.
• Advising on processors’ liabilities and use of third-party service providers outside Brazil.

Tech Industry

• Counseling and advising a growing number of companies in the U.S. on their domestic and foreign operations, particularly in relation to growing headcount in the U.S., Brazil and beyond.
• Counseling and drafting of offer letters, executive agreements and equity compensation, including negotiations for the retention of founders as key executives after change of control, policies, sales incentive programs, use of freelancers, staffing agencies and PEOs/EORs.
• Surveying for a platform company of 10+ countries, including issues in engaging and intermediating freelancer engagement and intellectual property issues.

M&A Transactions and Business Restructurings

• Counseling and advising on the transfer of 100+ workforce in Brazil from an EOR to a local subsidiary of a giant tech company.
• Counseling and advising a U.S. media client on closing operations in Brazil and on a subsequent asset deal involving a Brazilian workforce.
• Counseling on an asset deal transfer of employees of a maritime carrier company in the U.S., Singapore and Switzerland.
• Counseling and advising on exiting a country manager in Brazil, Argentina, Chile and Peru.
• Counseling and advising on post-acquisition integration of two fintech companies in Brazil.

Past Highlights:

• Counseling on a crossborder sale of the majority of the shares of a Brazilian subsidiary in the retail business; drafting of retention plan and agreements, in dual language, for the key executives.
• Representing clients in the sale of their equity interest in a NY startup.
• Advising, drafting and negotiating the sale of equity interest and termination of employment in relation to a multiple-party venture in New York.
• Advising and counsel on the separation of U.S. employees from a Japanese company.
• Surveying implementation requirements for commission plans in 12 jurisdictions for a tech company.
• Aligning global policies after an M&A for an oil and gas company.

Renata is a core member Littler’s Business Restructuring and M&A Practice Group, the International Employment & Labor Practice Group, and the Latin America Team.