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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

India’s Anti-Corruption Act

While Brazil adopted its Anti-Corruption Act aimed at companies only on August 1, 2013, with Law #12,846, India adopted an Anti-Corruption Act known as “The Prevention of Corruption Act” on September 9, 1988, which typifies and penalizes bribery offenses involving both individuals (natural persons) and companies (legal entities). Now, let’s delve into the main points of this act below.

India’s Anti-Corruption ActRead Full Article

The Balancing Test in Personal Data Protection

There are numerous situations in a business that result in a company having to deal with personal data, and obtaining the data subject's consent is not always possible or even viable. Bearing this in mind the legislator made 9 other legal bases available in the Brazilian General Data Protection Act (LGPD) so that companies, controllers or operators of such personal data can use them to classify the processing of the respective data.

The Balancing Test in Personal Data ProtectionRead Full Article

The Importance and Use of the Limitation of Liability Clause

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.

The Importance and Use of the Limitation of Liability ClauseRead Full Article

The Legitimate Interest in the Processing of Personal Data

Since the creation of the Brazilian General Data Protection Act (LGPD) on August 14, 2018, the comparison with the European GDPR was inevitable, after all, the Brazilian LGPD was greatly influenced by the similar law published just over two years earlier in Europe. While the LGPD had ten legal bases to support the processing of personal data, the GDPR had only six legal bases.

The Legitimate Interest in the Processing of Personal DataRead Full Article

CGU's Lilac Guide to Combating Moral Harassment, Sexual Harassment, and Discrimination in the Public Service

The ongoing battle waged by companies and governments to address moral harassment, sexual harassment, and discrimination among employees, whether in the private or public sector, is nothing new. A poignant illustration of this perpetual struggle was the resignation of the president of the Brazilian Savings Bank (Caixa Econômica Federal – CEF) on June 29, 2022, following allegations of sexual harassment made by CEF employees.

CGU's Lilac Guide to Combating Moral Harassment, Sexual Harassment, and Discrimination in the Public ServiceRead Full Article

The Unpredictability and the Excessive Burden Theories

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.

The Unpredictability and the Excessive Burden TheoriesRead Full Article

Results from the US Securities & Exchange Commission Inspection in 2023

Many people wonder why the US Securities & Exchange Commission (SEC) has been so successful, which has anequivalent agency in Brazil. The reason for its effectiveness is not hard to understand: the agency does not hesitate to investigate and impose penalties to curb irregularities that impact the day-to-day operations of the US stock market, including instances of corruption.

Results from the US Securities & Exchange Commission Inspection in 2023Read Full Article

When Supporting Gender Equality Conflicts with Privacy Rights

At a time in history when the topics of diversity and inclusion are more and more relevant, a federal law enacted in 2023 is causing great controversy, even forcing a rush to the courts to ensure its compliance.

When Supporting Gender Equality Conflicts with Privacy RightsRead Full Article

The Fight Against Corruption in Singapore

Corruption poses anever-present concern for democracies on every continent. It is no different inAsia, especially in Singapore, which alongside New Zealand and Scandinaviancountries stand out as examples of best practices in infrastructure and legal frameworkemployed to combat corruption.

The Fight Against Corruption in SingaporeRead Full Article

Medication Leaflets of Generic and Patented Medicines

The use of medication is undeniably crucial for extending our lives with the highest possible quality, aligning with advancements in science. As a result, medication leaflets are familiar to everyone, whether or not they are involved in the pharmaceutical sector. However, the same level of familiarity does not extend to the concepts of generic medicines and patented drugs.

Medication Leaflets of Generic and Patented MedicinesRead Full Article

Petrobras at the Top of Brazilian Patent Applicants

According to a publication on the website of the newspaper A Gazeta, the Brazilian Patent and Trademark Office (BRPTO) has disclosed that, in 2023, 25,367 utility patents were filed in Brazil. This data was divided as follows:

Petrobras at the Top of Brazilian Patent ApplicantsRead Full Article

The Corruption Perceptions Index in 2023

Transparency International, headquartered in Berlin, it is a non-profit organization focused on anti-corruption operating internationally. Its purpose is to combat corruption and associated criminal activities.

The Corruption Perceptions Index in 2023Read Full Article

The Inheritance Loss due to Unworthiness

Dealing with death is never easy. Especially if it happens to someone close to us, such as a family member. Despite this, the mourning and pain for the loss of a loved one should not hinder the obligation imposed by law on executing the probate proceedings within 60 days, under penalty of a fine of 10% of the tax amount. If the delay exceeds 180 days, the fine is increased to 20%. Furthermore, the deceased taxpayer who paid taxes throughout their whole life must still witness, wherever they are, the unpleasantness of having part of their properties literally confiscated by the public authorities, under the title of cause mortis estate and gift tax (ITCMD).

The Inheritance Loss due to UnworthinessRead Full Article

Electronic Drug Labels

The Brazilian Congress approved on May 11, 2022, Law #14,388/2022, also known as the Electronic Drug Labels Act. Its aim was to shift from paper package inserts to digital labels, resulting in amendments to Law #11,903/2009, which regulated the tracking of drug production and consumption through electronic data capture, storage, and transmission technology. In turn, this law had already been partially changed by Law #13,410/2016, which addressed the National Medicines Control System.

Electronic Drug LabelsRead Full Article

The Definitive Compliance Guide for Health Care in the USA

Without much ado, the American Office of Inspector General (OIG) has published the General Compliance Program Guidance (GCPG). This guide is intended for use by several segments of the health care sector, such as hospitals, nursing homes, medical equipment suppliers, among others. Its objective is to encourage the development and use of internal control resources, in order to monitor compliance with provisions of applicable statutes, regulations, and programs.

The Definitive Compliance Guide for Health Care in the USARead Full Article