image description

Practice Areas

O&G, Corporate, Litigation and Tax

Luis Fernando Pacheco

  • O&G, Corporate, Litigation and Tax

Luis Pacheco has deep expertise in the oil and gas and entertainment industries to pro-actively advise them on industry trends, pending legislation and regulation and strategies for complex transactions.

He is a recognized expert in all areas of upstream, downstream and midstream oil and gas transactions including M&A related transactions, farm-in/farm-out transactions, international trade, obtaining environmental licenses, negotiation of EPC contracts, joint operating agreements, Joint Bid Agreements, crude oil sales agreements, assisting clients with the public bid process, project finance, participation and service agreements. Mr. Pacheco helped to draft some of the contractual and legal instruments currently used in the Brazilian Oil & Gas industry. He frequently leads sophisticated transactions on behalf of international blue-chip oil and gas companies based in Australia, Brazil, Canada, Colombia, Oman, Chile, United Kingdom, France, India, Singapore, United Arab Emirates and the United States, skillfully guiding them through the intricate landscape of Brazil’s complicated legal system.

Among other projects, Mr. Pacheco participated in a US$13 Billion project involving the construction of a hydroelectric power plant. In 2008, Mr. Pacheco advised on the sale of oil & gas participating interests in the amounts of US$260 million and US$170 million and provided counsel on an International public offering for a major oil & gas company. In 2006, he acted as lead Brazilian counsel for the largest sale of an oil & gas participating interest in Brazil, valued at US$368 million. Mr. Pacheco was also the leading Brazilian counsel for a US$300 million bridge facility and a US$3.2 billion project finance that closed between 1999 and 2000. This project was considered the “worldwide deal of the year in 2000” in the category of global project finance.

Mr. Pacheco also counsels several Brazilian and foreign movie production and distribution companies, as well as music, and other high-profile entertainment and sports event management companies on corporate, tax and intellectual property issues. He has developed a strong reputation in this highly demanding and changeable industry and is often the first contact made when the “big name” acts are interested in operating and/or performing in Brazil.

Mr. Pacheco’s clients consider him “hands-on” and more than one has referred to him as the ideal business partner to help them navigate complex Brazilian laws and regulations.  He is considered by specialized publications as one of the inner circles of oil and gas lawyers in Brazil, with a strong practice and excellent connections to the wider energy community. He is a frequent speaker in Brazil and at international conferences, particularly in the oil and gas area. Mr. Pacheco’s early career included working in Chicago as a foreign associate at one of the largest global law firms from 1994-1995 and in Brazil as an international partner until 2005. He also acted as a member of the administrative tax court of the Brazilian Minister of Finance from 1993-1994.

  • “Changes to Brazilian oil and gas industry regulations: better now than never”, Financier Worldwide, April 2016.
  • “The Encyclopedia of Oil and Gas Law, Volume I, Upstream, Joint Sales and Marketing Agreement”, Globe Law and Business 2014.
  • “The Encyclopedia of Oil and Gas Law, Volume I, Upstream, Surface Rights”, Globe Law and Business 2014.
  • “The Encyclopedia of Oil and Gas Law, Volume II, Midstream and Downstream, Key Stakeholder”, Globe Law and Business 2014.
  • “The Encyclopedia of Oil and Gas Law, Volume II, Midstream and Downstream, Environment”, Globe Law and Business 2014.
  • “Brazil - A Country of Opportunities”, ChinaGoAbroad.com, July 2011.
  • “The Current Status of ICMS Taxation on Oil and Gas Activities”, Brazilian Business, June 2007.
  • “The Eldorado of North of Rio de Janeiro State”, Brazilian Business, June 2007.
  • “Moving Towards an ICMS Consensus”, Brasil Energia Online, December 2007.
  • “The Bar Association of Petroleum”, Brasil Energia, September 2003.
  • “Environmental Aspects Regarding Petroleum Activities in Brazil”, International Oil & Gas Finance Review 2000.
  • Developments in the Brazilian Market Cases for the Oil & Gas Sector and for Agribusiness – New anti-corruption legislation: Does it help or does it hamper? And how to proceed? – Dutch-Brazilian Chamber of Commerce, Amsterdam, Netherlands, September 2015.
  • Latin Lawyer 5th Annual Oil & Gas Conference, The prospects for gas around the region, Brazil, May 2014
  • Latin Lawyer 4th Annual Oil & Gas Conference, Local Content – is it working? Brazil, May 2013.
  • How to penetrate and stay profitable in the Brazilian Oil & Gas Market, Advokatfirmaet Thommessen AS, Norway, January 2013.
  • International Conference of the Association of International Petroleum Negotiators, Co-Chair, Brasil, October 2012.
  • Legal and regulatory update, Latin America Oil & Gas Conference 2012, Latin Lawyer and Global Energy Review, Brazil, May 2012.
  • Brazil: New Riches in the New World, International Law Section of State Bar of Texas, USA, March 2012.
  • Establishing the Scope: The Size of the Opportunity, Blueprint for Brazil 2011, Breazeale, Sachse & Wilson LLP and JP Morgan/Chase, USA, October 2011.
  • Building the Structure: How to Become a Player in Brazil’s Onshore and Offshore Activities, Blueprint for Brazil 2011, Breazeale, Sachse & Wilson LLP and JP Morgan/Chase, USA, October 2011.
  • Financing Oil and Gas Deals in Brazil, Blueprint for Brazil 2011, Breazeale, Sachse & Wilson LLP and JP Morgan/Chase, USA, October 2011.
  • Sustainable Design: Health & Safety and Environmental Requirements in the Oil &Gas Sector, Blueprint for Brazil 2011, Breazeale, Sachse & Wilson LLP and JP Morgan/Chase, USA, October 2011.
  • Brazilian Oil and Gas Developments - The E&P Scenario, Haynes & Boone, USA, October 2011.
  • Current Considerations for Deals in Brazilian E&P and Service Sectors, Vinson & Elkins LLP, USA, October 2011.
  • Comparing legal frameworks: Colombia and Brazil, Latin America Oil & Gas Conference 2011, Latin Lawyer and Global Energy Review, Brazil, June 2011.
  • The Brazilian Energy Market after the Pre-Salt Reforms, Haynes & Boone, USA, March 2011.
  • Commissioned Agent Agreements and Petrobras Registration Requirements, Rio Oil & Gas Conference, Brazil, September 2010.
  • Update on status of legal changes, Latin America Oil & Gas Conference 2010, Latin Lawyer and Global Energy Review, Brazil, March 2010.
  • The Challenges of the JOA and the Offshore Field Attraction in the Region, AIPN, Buenos Aires, 2009.
  • Brazil Oil & Gas Developments Present Scenario and Future Perspectives, Haynes & Boone, USA, September 2008.
  • Brazilian Exploration and Production Commercial and Legal Framework: Present and Forecasted Scenarios, Itaú Bank, Brazil, July 2008.
  • The future for Natural Gas, Brazil Energy & Power 5, Brazil-Texas Chamber of Commerce, USA, November 2005.
  • Chambers & Partners Latin America - Energy & Natural Resources: Oil & Gas (2009 to 2018);
  • Chambers & Partners Global - Energy & Natural Resources: Oil & Gas (2010 to 2018);
  • The Legal 500 - Energy and Natural Resources: Hydrocarbons (2012 to 2017);
  • Latin Lawyer 250 - Energy and Project Finance & Infrastructure (2014)
  • LACCA Approved - Energy (2014 to 2018) and Anti-Corruption & Compliance (2017/ 2018);
  • Who’s Who Legal Brazil - Energy (2009 to 2011 and 2013 to 2017) and Oil & Gas (2008/ 2009);
  • IFLR 1000, Leading Lawyer - M&A (2015);
  • Análise Advocacia 500 - Siderurgy and Mining and Rio de Janeiro (2016, 2017).
  • Brazilian Bar Association (OAB) – Rio de Janeiro and São Paulo chapters;
  • Former Latin America Regional Director of the Association of International Petroleum Negotiators (AIPN);
  • Former Latin American Regional Director and Board Member;
  • International Fiscal Association (IFA);
  • American Chamber of Commerce (AMCHAM), Energy Committee, Rio de Janeiro;
  • Board Member of the International Energy Law Association;
  • Former co-Chair of the Brazilian Bar Association – Oil & Gas Committee;
  • Former Member of the Brazilian Tax Court of the Ministry of Finance.
  • LL.M, Kent College of Law, Chicago, IL, 1994;
  • LL.B, Universidade do Estado do Rio de Janeiro (UERJ), 1987;
  • Management of Law Firms Course, Northwestern University (Kellogg), Chicago, IL, 1998-1999;
  • International Oil and Gas Law, Contracts and Negotiations, Association of International Petroleum Negotiators (AIPN), 1998;
  • International Tax Planning, Chicago-Kent College of Law, Chicago, IL, EUA, 1994;
  • Tax Law Specialization, Universidade Candido Mendes, Rio de Janeiro, 1987.
  • Portuguese and English.