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Legal Business in Brazil

August 1, 2024

2024

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The legal business is a kind of legal act that arises from the manifestation of a person's will, aiming to produce effects in the legal sphere of another. Therefore, a legal relationship arises between the parties, respecting the requirements established by law for its validity and effectiveness factors that will impact its production of effects.

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New Rules on Monetary Correction and Interest Rates

July 18, 2024

2024

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When regarding monetary correction and interest rates we address the issue of inflation. Without inflation, we would not need to correct values monetarily or apply extortionate interest rates like those still practiced in Brazil, especially when compared to other countries with a long history of control control. Indeed, Brazil faces distortions that are unimaginable in other countries, such as the interest rates charged by credit card operators, which impose fees that would be considered illegal elsewhere.

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The Importance and Use of the Limitation of Liability Clause

April 19, 2024

2024

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Initially, it is important to highlight that a company's ability to carry out an economic operation is intrinsically linked to the analysis of several stages, with risk assessment being one of its crucial factors. After the decision to proceed with the operation, a new phase emerges: the negotiation of contractual terms. It is clear that consideration of costs, including possible compensation, is a key element in decision-making in order to avoid compromising the operations.

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The Unpredictability and the Excessive Burden Theories

April 1, 2024

2024

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An extremely important aspect in contract management is the unpredictability theory. This theory can greatly impact the rights and obligations of one of the parties, completely unbalancing the rights and obligations between them and even making the contract unfair to the detriment of one of the parties.

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Main Requirements of a NDA

March 15, 2024

2024

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A Non-DisclosureAgreement, or NDAs, is a mutual contract of wills between two or more partiesintending to share confidential information, either among themselves or fromone party to another. They guarantee that such information remains known onlyto the involved parties or to third parties previously authorized by thedisclosing party.

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The effectiveness of anti-corruption clauses in international contracts

February 27, 2024

2024

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Working with commercial agreementscan pose challenges in ensuring compliance with best practices foranti-corruption. Considering the various sets of laws globally, it is importantto note the differing obligations across jurisdictions and the varyingdefinitions of what constitutes corruption and who may be considered corrupt.

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Contract Termination Clauses: When and How to Use Them

February 23, 2024

2024

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The business environment is ever-changing, and despite reaching an agreement that reflects the intentions of both parties, various factors can disrupt the initially agreed-upon commercial arrangement.

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When to use Master Service or Goods Supply Contracts

January 31, 2024

2024

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A very common question for many people, including some legal professionals, is when to use a master service contract and when to use a service contract. Furthermore, inquiries often arise regarding the main differences between these different types of contracts. This article aims to clarify these and other doubts, promoting the correct use of such contracts.

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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