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Contractual dispute resolution: choosing the right mechanism

October 16, 2024

2024

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Resolving contractual disputes is vital for maintaining healthy business relationships, as contracts serve as the foundation of any transaction. When disagreements arise, it is crucial to select the most appropriate mechanism to resolve the issue efficiently and effectively. The primary methods of resolving contractual disputes include mediation, conciliation, arbitration, dispute boards, and litigation. It is important to note that mediation and conciliation can be employed in both judicial and extrajudicial settings, whereas arbitration is always extrajudicial, as we will explore below.

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Understanding hidden defects in contracts

October 9, 2024

2024

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Who has never bought an electronic device that, after a few days of use, starts to malfunction? You go into despair because you financed the purchase in many installments and when you look for the store that sold it, you are told that the warranty offered is only 7 days. After this period, the 90-day legal warranty provided for in the Brazilian Consumer Protection Code for non-durable goods comes into effect. However, the defect only appeared after 180 days and, when purchasing the product, you did not “extend” the warranty to 1 year. In fact, despite being a common practice in the traditional or virtual commerce, the extended warranty tends to be very expensive and causes a lot of headaches for the user when in need to use it. Now what?

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The Significance of the New ANPD Portal and International Data Transfers

October 3, 2024

2024

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ANPD Rule #19, published by the Brazilian Data Protection Authority (Autoridade Nacional de Proteção de Dados – ANPD) in August 2024, introduced new regulations on international data transfers, a crucial aspect of data protection in Brazil and worldwide. After this regulation, the ANPD launched a dedicated page on its official portal to provide clear and detailed information about international data transfer mechanisms. This new page marks an important step toward transparency and aligns Brazil with international data protection standards, especially in comparison to the European Union's General Data Protection Regulation (GDPR).

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Understanding unfair terms in contracts

September 30, 2024

2024

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One of the main reasons for seeking a attorney, when faced with a contract that will generate rights and obligations for the parties, is to seek the best advice to avoid various pitfalls, among them, the dreaded unfair terms, which can cause numerous problems for one of the contracting parties.

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Legal implications of digital signatures in agreements

September 23, 2024

2024

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The pandemic that began in 2020, along with technological innovations, has led to wider acceptance of digital signature platforms. This shift significantly reduced bureaucracy in various departments, while also streamlining processes and optimizing both time and financial resources. A digital signature, which serves as the electronic equivalent of a handwritten signature, is created through a cryptographic process that links a person’s identity to a document or electronic message. This method is unique, hard to replicate, and highly secure. However, the widespread adoption of digital signatures has introduced several legal implications that must be considered.

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ANPD's Rule #19 – Contractual Challenges

September 18, 2024

2024

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The international transfer of personal data has become a highly relevant topic in today’s data protection landscape, especially with the increasing globalization of business operations and the interconnectedness of information systems worldwide. On August 23, 2024, the Brazilian Data Protection Authority (ANPD – Autoridade Nacional de Proteção de Dados) took a significant step by publishing Rule #19, providing clearer and more detailed regulations for international data transfers. This article explores the new features introduced by this rule, highlights the main mechanisms for data transfer, and compares them with the General Data Protection Regulation (GDPR), the European standard on the subject.

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Due Diligence: Protecting Your Business Interests

September 3, 2024

2024

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In Brazil, conducting due diligence is increasingly crucial for safeguarding commercial operations. This process involves a thorough examination of various aspects of a third party, whether a company or an individual, to identify and mitigate potential risks before finalizing a deal.

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Understanding Derivatives

August 28, 2024

2024

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Derivatives are financial instruments whose value depends on the value of another asset, known as the underlying asset. As described by InfoMoney, derivatives are financial instruments with a price “derived” from the price of an asset, a reference rate, or even a market index. They are used to help manage financial risk, gain leverage, or speculate on changes in the price of the underlying asset.

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Contractual rights and obligations in joint ventures

August 21, 2024

2024

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A joint venture is a partnership between two companies, which may or may not result in the creation of a new legal entity. The goal of this partnership is to combine the resources of both companies to achieve a common strategic objective, such as expanding operations or entering new market segments. Typically, these partnerships are formed for a specific period until the common objective is achieved, after which the joint venture is dissolved. Importantly, a partnership between these two companies does not imply a loss of identity for either company, nor does it result in a merger.

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Deadlines and Deliveries — Logistical Challenges in Pharmaceutical Industry Contracts

August 14, 2024

2024

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In the pharmaceutical industry, strict compliance with delivery deadlines is essential. In commercial contracts between pharmaceutical companies and their suppliers, clarity and precision in stipulating delivery deadlines, as well as defining the consequences for non-compliance with these deadlines, are crucial to avoid disputes and ensure continuous supply to the market. Delays in the delivery of essential inputs can cause serious impacts, such as interruptions in medicaments production, compromises of research projects and even risks to public health. In this context, logistics plays a critical role that is amplified by the need for transportation and storage products under specific temperature and humidity conditions, in addition to complying with the regulatory standards of each country. The contracts signed between the parties must reflect this importance, establishing clauses that address the specific challenges of this area.

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ABOUT US

Licks Attorneys Contract’s Blog provides regular and insightful updates about Contract Management. The posts are authored by the members of the Contract Management Team. Licks Attorneys is a top tier Brazilian law firm, recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

BE LOYAL TO THE COMPANY OR BE LOYAL TO THE BOSS

Regardless of whether an employee is hired under an employment contract or just by signing in the employment and social security card, his / her initial duty of loyalty to the company is not challenged, which after all, pays his / her compensation for their services and waits in return for his / her commitment to the development of the corporation's business.

BE LOYAL TO THE COMPANY OR BE LOYAL TO THE BOSSRead Full Article

Compliance Investigation

On the afternoon of April 15th, a webinar was held with the topic "Compliance Investigation", led by Alexandre Dalmasso, partner and responsible for the Ethics and Compliance Practice Group. The webinar aims to discuss the best practices and main challenges for successful compliance investigations, unraveling the investigation phases, identifying gaps in the process and how to implement improvements based on the results obtained.

Compliance InvestigationRead Full Article

EXCELLENCE IN THE CODE OF CONDUCT

At the beginning of the millennium, when the so-called 1st compliance wave occurred, a document started to gain evidence: the Code of Conduct.

EXCELLENCE IN THE CODE OF CONDUCTRead Full Article

MISCONDUCT – INHERITED OR MOLDED CHARACTER TRAITS

Some time ago, I came across an unusual situation ... there was a company that allowed its employees to use a taxi as a mean of transportation due to some need related to the company's business. There were no major controls and, oddly enough, a receipt from the taxi was not even required for accountability.

MISCONDUCT  – INHERITED OR MOLDED CHARACTER TRAITSRead Full Article

In the fight against corruption, who is who in the world...

Although several governments are striving to combat and mitigate corruption and its consequences, since talking about eradicating corruption is an almost utopian task, it is important to know the world´s players in this fight.

In the fight against corruption, who is who in the world...Read Full Article

Corruption Perceptions Index 2019

Corruption Perceptions Index or simply CPI is an index created by a non-governmental organization named Transparency International (www.transparency.org), which, among other purposes, has set out to monitor countries' progress in fighting corruption around the world.

Corruption Perceptions Index 2019Read Full Article

Red Flags

Red flags mean situations that deserve special attention and that must be carefully observed by managers and, mandatorily, by compliance officers and auditors. In short, they are warning signs, which should not and cannot be ignored.

Red FlagsRead Full Article

How to proceed when paying something to a Government official?

This is certainly a question that concerns many managers and even many compliance officers or even those responsible for providing guidance within an organization.

How to proceed when paying something to a Government official?Read Full Article

Critical Points in the process of adapting of LGPD

On the afternoon of February 19th, 2020, a webinar was held with the topic "Critical Points in the LGDP Suitability Process". Speakers of the webinar were: Alexandre Dalmasso, responsible for the Compliance area and lawyer Douglas Leite, our data privacy leader. The speakers used their experience in LGPD compliance projects to draw the audience's attention to the critical success factors in implementing a similar project.

Critical Points in the process of adapting of LGPDRead Full Article

How all start

My name is Alexandre Dalmasso,  I have a law degree specializing in compliance. I started to interact with issues related to ethics and compliance in 2002, but only in 2005 is when I started to work totally dedicated to the topic. In Brazil, the topic called the attention of countless professionals over the past few years with the rampant growth of several training and certification courses, which is a great indicator for a country that has been trying to get rid of the taint of corruption in order to allow the sustained growth of the economy and foster the increase in employment and entrepreneurship opportunities.

How all startRead Full Article