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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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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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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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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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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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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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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 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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Pharmaceutical Industry Contracts and Legal Perceptions

December 4, 2024

2024

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In Brazil, in addition to the general rules of Civil and Commercial Law, contracts signed in the pharmaceutical industry sector must comply with specific regulations, such as the Board of Directors Rules (RDCs) of the Brazilian Health Regulatory Agency (Anvisa) and other health legislation. In this article, we will explore the most relevant legal aspects for drafting and managing contracts in this segment.

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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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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

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

When Corruption Turns the Tables!

The past few years have been tumultuous, particularly for Brazilians, in the battle against corruption. Controversial judicial decisions, sparking significant debate, diminished the effectiveness of Operation Car Wash (“Lava Jato”), a landmark anti-corruption probe, in Brazil. The once unassailable figures in the fight against corruption found themselves vilified in a country prone to casting shadows on those in the spotlight.

When Corruption Turns the Tables!Read Full Article

The Integrity Management Units, and the Brazilian Office of the Comptroller General’s Public Integrity Panel

On November 22, 2017, Decree #9,203 was drafted by the president at the time, Michel Temer, dealing with the governance policy of the Federal Government, its agencies, and foundations.

The Integrity Management Units, and the Brazilian Office of the Comptroller General’s Public Integrity PanelRead Full Article

The French Anti-Corruption Act (Sapin II): A Perspective After 7 Years in Force

The French anti-corruption act called Sapin II, number #1691/2016, is celebrating its anniversary this December 9th, after seven years of existence.

The French Anti-Corruption Act (Sapin II): A Perspective After 7 Years in ForceRead Full Article

Decisions by the Irish Data Protection Authority are undermined

The Data Protection Commission (DPC) of Ireland has been the focus of attention among data protection commissions in other European nations due to the fines they have imposed on technology giants. Despite this, the outcome of the cases leaves much to be desired.

Decisions by the Irish Data Protection Authority are underminedRead Full Article

FDA innovates with new guide for drug approval in the United States

The American agency Food and Drug Administration (FDA) innovated once again by creating a new guide on real-world evidence (RWE) and real-world data (RWD) to support drug approval.

FDA innovates with new guide for drug approval in the United StatesRead Full Article

Artificial intelligence and its regulation in Brazil

On March 29, 2023, “The New York Times” published an article regarding an open letter signed by more than a thousand leaders in the technology sector, including Elon Musk, president of Tesla, Space X, and X (formerly Twitter). The letter requested a stop in the development of artificial intelligence above GPT-4, developed by OpenAI, considering the potential risk of threatening the very existence of society as we know it and even humanity.

Artificial intelligence and its regulation in BrazilRead Full Article

The Fight Against Fake News Around the World

The advancement of technology is overwhelming and inevitable. However, while it revolutionizes communication on a global scale, enabling easy access to information and taking progress to previously inaccessible places, it can have the opposite effect, with a hidden purpose perpetrated by those who maliciously convert a lie into a truth. In fact, as Joseph Goebbels, minister of Nazi propaganda, said, “a lie told a thousand times becomes the truth”.

The Fight Against Fake News Around the WorldRead Full Article