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A eficácia da cláusula anticorrupção em contratos internacionais

February 27, 2024

2024

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Atuar em acordos comerciais pode ser um desafio quando pensamos em assegurar a conformidade das relações com as melhores práticas anticorrupção. Quando consideramos a pluralidade de legislações sobre o tema em âmbito global, devemos ter em mente que elas possuem obrigações em níveis diferentes de austeridade e até mesmo definições de quem pode ser enquadrado ou o que seria um ato de corrupção.

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Cláusulas de Rescisão Contratual: Quando e Como Utilizá-las

February 23, 2024

2024

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O mundo dos negócios é altamente dinâmico, de modo que mesmo, após a celebração de um instrumento contratual que reflita as vontades das partes, diversos fatores podem interferir na relação comercial inicialmente acordada.

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Quando contratos master de serviços ou de fornecimento de bens devem ser utilizados

January 30, 2024

2024

Uma dúvida muito comum a muitas pessoas, incluindo alguns profissionais do ramo do direito, é quando se deve utilizar um contrato master de serviços, ao invés de um contrato de prestação de serviços. Além disso, indaga-se quais seriam as principais diferenças entre um contrato master de serviços e um contrato de prestação de serviços. Esse é o propósito desse artigo, no sentido de esclarecer essas e outras dúvidas, a fim de que os referidos tipos de contratos sejam corretamente utilizados.

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Quem Somos

O Blog de Contratos do Licks Attorneys fornece atualizações regulares e esclarecedoras sobre Gestão de Contratos. As postagens são de autoria dos membros da Equipe de Gestão de Contratos. O Licks Attorneys é um escritório de advocacia brasileiro renomado, especializado em Propriedade Intelectual e reconhecido por seu sucesso em lidar com grandes e estratégicos cases no país.

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Licks Attorneys' COMPLIANCE Blog

The action plan for Portugal's digital strategy

The digital age is not just an option but an inescapable reality, redefining societies, economies, and governments. Recognizing this, Portugal has reinforced its commitment to digital transformation, culminating in the approval of Council of Ministers Rule #214/2025 on December 29, 2025. This legal instrument is far more than a bureaucratic formality; it is the cornerstone of a future where technology serves as a catalyst for progress and well-being. Through this Resolution, Portugal has approved the 2026-2027 Action Plan of its National Digital Strategy (EDN – Estratégia Digital Nacional), as reported by the news outlet Sapo.pt. This plan is an ambitious yet pragmatic roadmap designed to achieve significant goals by 2030, with one clear objective: to position the country among Europe's leaders in digital transformation. The goal is to promote a transition that is not only technologically advanced but also deeply inclusive, sustainable, and ethical.

The action plan for Portugal's digital strategyRead Full Article

The Railway Statute in Brazil

The Brazilian railway sector, historically challenged by inadequate infrastructure, bureaucratic hurdles, and an overreliance on road freight transport, has long needed a regulatory framework to unlock its true potential. Statute #14,273 of December 23, 2021, governing rail transport, represents a watershed moment. Known as the “New Railway Statute,” it emerged from extensive debate in the National Congress with a promise to modernize the sector's legal foundations, attract substantial private investment, and spur the development and expansion of the national rail network.

The Railway Statute in BrazilRead Full Article

The European Commission's adequacy decision for Brazil

The protection of personal data has become a central issue in the global legal and technological landscape. With the increasing digitalization of the economy and the cross-border flow of data, harmonizing legislation and recognizing equivalent levels of data protection between countries are fundamental steps to ensure legal certainty and the smooth operation of international commerce. The European Union's recent decision to recognize Brazil as a country with a level of personal data protection “essentially equivalent” to its own represents a significant milestone in this regard.

The European Commission's adequacy decision for BrazilRead Full Article

Regulation of artificial intelligence in law

Artificial intelligence (AI) represents one of the most profound technological revolutions in recent history, with the potential to redefine society, the economy, and human interactions. Its ability to process large volumes of data, identify complex patterns, and perform tasks once exclusive to the human mind has generated transformative impacts across multiple sectors. From medicine, with more accurate diagnoses, to industry, with process optimization, AI is reshaping the way we live and work. At the epicenter of this transformation, the legal sector stands out as a particularly fertile ground for AI applications and, consequently, for AI regulation.

Regulation of artificial intelligence in lawRead Full Article

European Union decision reignites debate over illegal content on social media

Last Friday, October 24, The Guardian published an article alleging that Meta Platforms Inc. had violated European Union (EU) law. The story was significant not only because it involved one of the world's largest companies, which controls giants like Facebook, Instagram, and WhatsApp, but also because it reignited the debate over social networks' responsibility to control illegal content on their platforms.

European Union decision reignites debate over illegal content on social mediaRead Full Article

Regulation of artificial intelligence in Brazil and worldwide

Regulations on Artificial Intelligence (AI) are developing rapidly around the world, reflecting growing concerns about the technology's ethical, social, economic, and security impacts. Different regions have adopted distinct approaches, influenced by their cultural, political, and economic priorities, in an effort to balance innovation with public protection.

Regulation of artificial intelligence in Brazil and worldwideRead Full Article

Brazil’s Superior Court of Justice ratifies joint and several liability in Brazilian Anti-Corruption Act

The Brazilian Anti-Corruption Act (Law #12,846/2013) represents a fundamental milestone in Brazil's fight against corruption by establishing, among other provisions, the objective liability of legal entities for acts harmful to the public administration.

Brazil’s Superior Court of Justice ratifies joint and several liability in Brazilian Anti-Corruption ActRead Full Article

The Uruguayan Dignified Death Act

As reported by Veja magazine, the Uruguayan House of Representatives approved the Dignified Death Act on August 13, 2025, by a vote of 64 to 29, paving the way to legalize euthanasia in the country. The bill will now proceed to a vote in the Senate before it can take legal effect.

The Uruguayan Dignified Death ActRead Full Article

Understanding the National Security and Investment Act

The global technological and geopolitical landscape has been rapidly evolving, highlighting a growing concern among nation states about protecting their strategic interests and economic sovereignty. Given this accelerating technological advancement and the critical importance of certain sectors to countries’ sustained growth, the United Kingdom – an open economy reliant on foreign investment – is no exception.

Understanding the National Security and Investment ActRead Full Article

SEC has record financial penalty collection in 2024

The US Securities & Exchange Commission (SEC) announced in early December, according to The Wall Street Journal, record-breaking year for financial penalty collections in 2024.

SEC has record financial penalty collection in 2024Read Full Article

Australia to ban minors from accessing social media

One of the biggest concerns for parents in the modern world is their children's use of social media. Depending on how they are used, social media can become a huge headache for parents and their children tend to be the most vulnerable part in this unfiltered environment, where a world of discoveries is just a click away.

Australia to ban minors from accessing social mediaRead Full Article

Do you know what the No Surprises Act is? Understanding its importance

The No Surprises Act is a prime example of legislation in a country where the legal system is based more on case law than statutes. While Brazil’s legal system originates from Civil Law, the United States follows Common Law. However, U.S. laws are often very well-drafted, especially in terms of their applicability. In this context, it is important to consider the role of the judiciary, which operates under the punitive principle, unlike Brazil's compensatory system, which is less effective.

Do you know what the No Surprises Act is? Understanding its importanceRead Full Article

SEC Combats Corporate Retaliation Against Whistleblowers

Since the Dodd-Frank Act was enacted in the United States in 2010, the role of whistleblowers has proven crucial in helping authorities prevent fraud, bribery, and other legal violations. This is because the government lacks the personnel and resources to efficiently monitor the market on its own.

SEC Combats Corporate Retaliation Against WhistleblowersRead Full Article

The Brazilian Medical Association Intervenes in the Relationship between Physicians and the Pharmaceutical and Medical Products Industry

A significant concern in the healthcare sector is the potential conflict of interest between the pharmaceutical and medical products industry and healthcare professionals, particularly physicians. This potential conflict arises from the unique nature of the relationship: while the industry’s end customer is the patient, it is the physician who decides which product the patient will use. At the same time, patients pay physicians to prescribe the best treatment for their well-being.

The Brazilian Medical Association Intervenes in the Relationship between Physicians and the Pharmaceutical and Medical Products IndustryRead Full Article

A Decision by the Brazilian Superior Court of Justice Sets Precedent in the Advertising of Medicines

The First Panel of the Brazilian Superior Court of Justice unanimously decided, under the report of Justice Regina Helena Costa, in the appellate decision on Special Appeal #2035645/DF, that Anvisa (the Brazilian FDA) does not have the regulatory authority to restrict the commercial advertising of pharmaceuticals by companies. This applies especially when its regulatory actions contradict the provisions established in Law #9,294/1996 and other legislative acts.

A Decision by the Brazilian Superior Court of Justice Sets Precedent in the Advertising of MedicinesRead Full Article