Clear filters

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Newsletter

Register your email and receive our updates

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

FOLLOW US ON SOCIAL MEDIA

When to use Master Service or Goods Supply Contracts

January 31, 2024

2024

No items found.

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.

SEE MORE

Understanding unfair terms in contracts

September 30, 2024

2024

No items found.

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.

SEE MORE

Understanding hidden defects in contracts

October 9, 2024

2024

No items found.

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?

SEE MORE

Understanding Derivatives

August 28, 2024

2024

No items found.

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.

SEE MORE

The Unpredictability and the Excessive Burden Theories

April 1, 2024

2024

No items found.

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.

SEE MORE

The Significance of the New ANPD Portal and International Data Transfers

October 3, 2024

2024

No items found.

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).

SEE MORE

The Importance and Use of the Limitation of Liability Clause

April 19, 2024

2024

No items found.

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.

SEE MORE

The effectiveness of anti-corruption clauses in international contracts

February 27, 2024

2024

No items found.

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.

SEE MORE

Pharmaceutical Industry Contracts and Legal Perceptions

December 4, 2024

2024

No items found.

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.

SEE MORE

New Rules on Monetary Correction and Interest Rates

July 18, 2024

2024

No items found.

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.

SEE MORE

No results found.

Please try different filters.

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.

Newsletter

Register your email and receive our updates -

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

LINKEDIN FEED

ソーシャルメディアでフォローしてください

Licks Attorneys' COMPLIANCE Blog

Everything you need to know about ISO

Although the headquarters of the International Organization for Standardization (ISO) is located in Geneva, Switzerland, few people are aware that the organization was founded after a meeting that took place in London, England, in 1946, shortly after the end of the Second World War. At said meeting, 65 representatives from 25 countries sought to discuss the future of international standardization in several areas.

Everything you need to know about ISORead Full Article

How to Implement ERM

ERM, short for enterprise risk management, plays a fundamental role in identifying, preventing, and managing potential risks that may impact business and influence a company's results, ensuring its long-term viability.

How to Implement ERMRead Full Article

More Sanctions Applied By The Brazilian Data Protection Authority signal that Violations of the LGPD Will Not Be Tolerated

The Brazilian Data Protection Authority (ANPD) published on October 18, 2023 their third sanction for violation of the General Data Protection Act (LGPD). Similarly to the second penalty, the infraction occurred in the public sector, not involving a private company.

More Sanctions Applied By The Brazilian Data Protection Authority signal that Violations of the LGPD Will Not Be ToleratedRead Full Article

Brazilian Data Protection Authority Applies Second Penalty for Violation of the Data Protection Act

After a phase where the Brazilian Data Protection Authority (ANPD) focused on regulating important provisions outlined in the General Data Protection Act (LGPD), in addition to editing several manuals and guidelines to assist the public in complying with the law, the ANPD has imposed its first penalty on July 6, 2023, targeting the company Telekall Infoservice.

Brazilian Data Protection Authority Applies Second Penalty for Violation of the Data Protection ActRead Full Article

Antitrust and anti-corruption authorities are already monitoring the 2026 World Cup

Considering the financial scandals fueled by acts of corruption involving the most recent World Cup, which led to the arrest of leaders from several countries, North American antitrust and anti-corruption authorities turned their attention to the 2026 World Cup, which will take place in three countries: United States, Canada, and Mexico. Among the arrests made, one that stood out was that of José Maria Marín, former president of the Brazilian Football Confederation (CBF) between 2012 and 2015 who was also governor of the State of São Paulo between 1982 and 1983, after the death of governor Franco Montoro.

Antitrust and anti-corruption authorities are already monitoring the 2026 World CupRead Full Article

Retaliation against non-disclosure agreements in the USA

Non-disclosure agreements are used by many companies with the purpose of guaranteeing or, at least, trying to hinder the disclosure of their confidential information by employees or former employees. Some companies require the signing of NDAs alongside the employment contract, while others require the signing of these documents upon termination of the employment contract, occasionally offering a bonus and demanding silence in exchange. If the employee violates the agreement, he or she may be forced to return the amount paid, often with interest and/or fines added.

Retaliation against non-disclosure agreements in the USARead Full Article

SASE and what it can do for information security!

To talk about information security or cybersecurity is definitely not the easiest of tasks, as developments in this area seem to be happening at a speed that is difficult to keep up with. The cat-and-mouse race between hackers and information security experts is incessant and at a breathtaking pace. Something that appears to be novel today may already be outdated, because in another corner of the world a more efficient solution may have already been discovered or a flaw in the current solution may have been identified that makes it vulnerable.

SASE and what it can do for information security!Read Full Article

All there is to know about the Brazilian Freedom of Information ACT

To ensure greater transparency on public accounts and public services in general, especially after initiatives such as the Transparency Portal, Law 12,527 of November 18, 2011, the Brazilian Freedom of Information Act, was sanctioned. This Act aims to provide access to even the greater public to information regarding Public Administration, regulating Article 5, Item XXXIII, Article 37, Paragraph  3, II and Article 216, Paragraph 2, from Brazilian Constitution of 1988.

All there is to know about the Brazilian Freedom of Information ACTRead Full Article

Registration on the tranparency portal in Brazil

The Transparency Portal, at federal level, was developed by the Ministry of Transparency and the Brazilian Office of the Comptroller General during the first term of President Luiz Inácio Lula da Silva, in November 2004, with the initial purpose of giving visibility to financial aspects related to all federal government programs and actions.

Registration on the tranparency portal in BrazilRead Full Article

Technology as an ally to transparency and fighting corruption

In the field of fighting corruption, specialists are unanimous in recognizing the value of information and communication technologies (ICTs) as a powerful tool to promote transparency and eradicate corruption globally.

Technology as an ally to transparency and fighting corruptionRead Full Article

Understanding why VPNs may be replaced by ZTNA

Amid hackers, crackers and several other cyber threats such as viruses, malware, ransomware, phishing, and the like, VPNs (Virtual Private Networks) have been the sweethearts of the information technology departments for large, medium and small companies. They enable secure remote access for users, protecting their browsing data, especially from identification of their IP address (identification number of a device connected to the Internet), through encryption.

Understanding why VPNs may be replaced by ZTNARead Full Article

Improvements in compliance programs according to the OECD

Founded in 1961 and headquartered in Paris, the Organisation for Economic Co-operation and Development (OECD) economic organization composed of 38 member countries. Its goal is to stimulate global economic progress and facilitate world trade.

Improvements in compliance programs according to the OECDRead Full Article

Only the US and Switzerland effectively enforce their Anti-Corruption Laws Abroad

Several countries have anti-corruption legislation, but few extend this legislation to fight corruption alongside foreign authorities outside their territory. Brazil, incidentally, is in the second group of countries having such norms in its set of laws.

Only the US and Switzerland effectively enforce their Anti-Corruption Laws AbroadRead Full Article

Israel Approves Limitation of Supreme Court Powers Amid Huge Controversy

Various news networks around the world, such as CNN and The Wall Street Journal have reported the controversial decision taken by the Israeli parliament – the Knesset, which imposes a limitation on the Israeli Supreme Court. This decision was very controversial, with some seeing it as an attack to democracy, and others as a defense.

Israel Approves Limitation of Supreme Court Powers Amid Huge ControversyRead Full Article

Brazilian data protection authority applies first penalty for violation of data protection act

Despite the General Data Protection Act (LGPD) having entered into force in 2020 and its penalties in 2021, only on July 6, 2023 did the Brazilian Data Protection Authority (ANPD) publish in the Federal register of the current month, the first sanction applied to a company for violating the LGPD.

Brazilian data protection authority applies first penalty for violation of data protection actRead Full Article