Marcio Santos
New York Bar  ·  OAB-SP

Cross-border counsel for U.S. companies operating in Latin America.

Dual-licensed attorney with sixteen years of in-house experience at global technology companies. Trilingual. Based in São Paulo.

2
Bar Admissions
16+
Years In-House Tech
3
Working Languages
10+
LatAm Jurisdictions
About

A career spent at the intersection of U.S. enterprise and Latin American operations.

I am an attorney admitted to the New York State Bar and the Brazilian Bar (OAB-SP), with sixteen years of in-house legal experience at global technology companies — most recently as Associate General Counsel for Latin America at VMware, and previously as Latin America Counsel at Red Hat.

My practice focuses on the legal, contractual, and regulatory questions that arise when U.S. technology and enterprise businesses operate, expand, or transact across Latin America. I work alongside General Counsel, founders, and operations leaders who need senior cross-border judgment without the overhead of a regional firm.

I am trilingual in English, Portuguese, and Spanish — a combination that allows me to operate fluently across the jurisdictions that matter most to my clients.

Practice Areas

Focused on six areas where cross-border judgment makes the difference.

Each engagement is shaped by the client's operating reality — not by a fixed service catalogue. The following are the areas in which I work most often.

Corporate & Entity Structuring

Establishing local entities, joint ventures, and operational structures across Brazil and other Latin American jurisdictions. Choice-of-entity analysis, governance, and intercompany arrangements.

Technology & Commercial Contracts

Software licensing, SaaS, cloud, professional services, channel agreements, and complex commercial deals — adapted for enforceability under local law.

Data Privacy & Cross-Border Data

LGPD compliance for Brazilian operations, GDPR alignment, international data transfers, and the practical mechanics of running a privacy program across jurisdictions.

Workforce Structuring

The full menu — direct employment, contractor relationships, EOR/PEO arrangements, and the trade-offs each carries under Brazilian labor law. Senior compensation and equity considerations.

FCPA & Anti-Corruption

Compliance programs, third-party due diligence, and internal controls calibrated to the elevated exposure of U.S. companies operating across Latin America.

Government & Public Sector

Negotiation, contract management, and ongoing counsel for transactions involving public entities and government procurement processes across Latin America — including public tenders, public-sector contracting, and the regulatory considerations these engagements require.

Engagements outside these areas are evaluated case by case.

Professional Experience

Sixteen years inside global technology companies, operating across Latin America.

2013 — 2024

VMware

Associate General Counsel, Latin America

Led the legal function across Latin America for the global cloud and virtualization business: commercial transactions, regulatory matters, employment, M&A integration, and the day-to-day work of supporting commercial and operations leaders in a high-velocity enterprise software environment. Worked through the company's transitions, including the Broadcom acquisition.

2007 — 2013

Red Hat

Latin America Counsel

Supported Red Hat's expansion and operations across Latin America during a formative period for enterprise open-source software. Built the legal function for the region, including commercial contracts, channel relationships, compliance, and cross-border matters.

2024 — Present

Independent Practice

Cross-Border Counsel

Advising U.S. technology and enterprise clients on legal, contractual, and regulatory matters across Latin America. Associated with Novais Neto Advogado in São Paulo for matters requiring Brazilian counsel of record.

Education

Trained in both U.S. and Brazilian legal frameworks, with depth in international law and finance.

LL.M. — International Law
University of Florida — Levin College of Law
2004
Juris Doctor
University of Florida — Levin College of Law
2007
LL.M. — Digital Law
Escola Paulista de Direito (EPD)
2019
MBA — Finance
University of Nebraska
2002

Begin the conversation.

For a substantive first call, the most efficient path is to schedule directly. For shorter inquiries, email reaches me promptly.