Renata Neeser

Renata Neeser provides comprehensive labor and employment solutions to multinational companies, particularly tech and data 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 multi-country projects and advice, Brazil-specific labor and employment matters, including data protection and AI. With years of practice in Brazil and New York, Renata is positioned to provide HQs with sensible advice on their Brazil and international operations.

Renata’s noteworthy new projects include:

• Leading, collaborating and participating in several multicountry surveys and projects in 2024 involving uniformization of offer letters and employment agreements, RIFs requirements, data privacy, background checks, and use of EORs outside the U.S. for tech companies with operations in more than 40 countries.
• Counseling and advising a growing number of companies in the U.S. on their domestic and foreign operations, particularly in relation to growing or reducing headcount in the U.S., Brazil and beyond, including those involving multiple decisional units (domestic and global).
• Counseling and drafting of ERISA plan and related separation agreements and OWBPA disclosure schedules for involuntary termination programs (RIFs), offer letters, executive agreements and equity compensation, including negotiations for the retention of  key executives after change of control, policies, sales incentive programs, use of freelancers, staffing agencies and PEOs/EORs.
• Advising a U.S. public traded fintech on Brazil employment issues on stock and asset deals.
• Counseling and advising U.S. clients on various internal investigations of harassment and retaliation involving top management in Brazil, related Labor Prosecutor’s Office (MPT) investigations and disciplinary actions.
• Providing anti-harassment, discrimination and retaliation training, including cross-border cultural nuances, for top management of U.S. subsidiaries in Brazil.

Data Privacy and AI

• Advising on Brazil data protection law (LGPD) requirements, including drafting and consulting on data privacy notices and standard contractual clauses for international transfers
• Advising on  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.
• Advising on data breach incident reports to the Brazil national data protection authority (ANPD)
• Monitoring Brazil proposed AI legislation and ANPD’s AI regulations and sandbox.

Past Highlights:

COVID-19 Pandemic-related

• Leading 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.

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