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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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Limitation of liability clauses: balancing risks in contracts

November 28, 2024

2024

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In the contractual universe, one of the most complex and debated topics is the limitation of liability between parties. While this clause seeks to balance risks, it can also become a source of litigation if not properly structured. In Brazil, the Civil Code (Law #10,406/2002) provides guidance on contractual liability, requiring a technical approach to address inherent risks and define liability limits.

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Legal implications of digital signatures in agreements

September 23, 2024

2024

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The pandemic that began in 2020, along with technological innovations, has led to wider acceptance of digital signature platforms. This shift significantly reduced bureaucracy in various departments, while also streamlining processes and optimizing both time and financial resources. A digital signature, which serves as the electronic equivalent of a handwritten signature, is created through a cryptographic process that links a person’s identity to a document or electronic message. This method is unique, hard to replicate, and highly secure. However, the widespread adoption of digital signatures has introduced several legal implications that must be considered.

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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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Due Diligence: Protecting Your Business Interests

September 3, 2024

2024

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In Brazil, conducting due diligence is increasingly crucial for safeguarding commercial operations. This process involves a thorough examination of various aspects of a third party, whether a company or an individual, to identify and mitigate potential risks before finalizing a deal.

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Digital Signatures in Contracts (Part 2)

November 5, 2024

2024

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The advancement of digital technologies has transformed the way contracts are formalized in Brazil. With the digitization of documents, digital signatures have become an essential tool for companies and professionals seeking efficiency and legal security in their processes. Digital signature solutions stand out by enabling documents to be signed electronically with legal validity, reducing bureaucracy and costs, while also meeting the integrity and authenticity requirements set by law.

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Deadlines and Deliveries — Logistical Challenges in Pharmaceutical Industry Contracts

August 14, 2024

2024

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In the pharmaceutical industry, strict compliance with delivery deadlines is essential. In commercial contracts between pharmaceutical companies and their suppliers, clarity and precision in stipulating delivery deadlines, as well as defining the consequences for non-compliance with these deadlines, are crucial to avoid disputes and ensure continuous supply to the market. Delays in the delivery of essential inputs can cause serious impacts, such as interruptions in medicaments production, compromises of research projects and even risks to public health. In this context, logistics plays a critical role that is amplified by the need for transportation and storage products under specific temperature and humidity conditions, in addition to complying with the regulatory standards of each country. The contracts signed between the parties must reflect this importance, establishing clauses that address the specific challenges of this area.

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Contractual rights and obligations in joint ventures

August 21, 2024

2024

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A joint venture is a partnership between two companies, which may or may not result in the creation of a new legal entity. The goal of this partnership is to combine the resources of both companies to achieve a common strategic objective, such as expanding operations or entering new market segments. Typically, these partnerships are formed for a specific period until the common objective is achieved, after which the joint venture is dissolved. Importantly, a partnership between these two companies does not imply a loss of identity for either company, nor does it result in a merger.

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Contracts in the technology sector

December 11, 2024

2024

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Technology contracts are essential instruments that allow holders of trademarks, patents, technologies, and industrial designs to authorize third parties to exploit these assets. In exchange for this authorization, rights holders receive royalties, a financial compensation that reflects the value generated by the use of these innovations. This protection, guaranteed by industrial property rules, ensures that creators can negotiate their rights, allowing companies to use licensed technologies to develop specific products.

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Contracts and artificial intelligence: legal and ethical considerations

November 13, 2024

2024

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Artificial intelligence, known as AI, is a set of technologies that enable computers to perform advanced tasks, including, for example, the ability to see, understand, and analyze data, as well as make recommendations based on it. This concept began was introduced in 1950 through an paper published by Alan Turing, which evaluated whether a machine could impersonate a human being during a written interaction.

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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

Brazilian Federal Pharmacy Council regulates the practice of Telepharmacy

On July 20, 2022, the Brazilian Federal Pharmacy Council (CFF) published Rule #727/2022, meeting a pressing need in the sector, with the rampant advancement of technology, by regulating the practice of Telepharmacy in Brazil.

Brazilian Federal Pharmacy Council regulates the practice of TelepharmacyRead Full Article

Italy issues new Transparency Law in Healthcare Sector

The interaction between the pharmaceutical and the medical devices industries and doctors has always been reason of concern for the authorities and the population, due to the potential conflict of interests that can be established with the concession of advantages given by the industry, in form of scientific support, gifts, meals, etc… which could interfere especially in the doctor's judgment in choosing the best treatment for their patient.

Italy issues new Transparency Law in Healthcare SectorRead Full Article

The Ultimate Guide to Data Leakage

The Brazilian Computer Emergency Response Team (CERT.br) from the Brazilian Network Information Center (NIC.br) – which is the executive branch of the Brazilian Internet Steering Committee (CGI.br) – has been in charge of dealing with security incidents involving networks connected to the Internet in Brazil since 1997. With the collaboration of Brazilian Data Protection Authority (ANPD), they have published the Guide to Data Leakage with the purpose of guiding people on the potential risks of data processing in digital environments.

The Ultimate Guide to Data LeakageRead Full Article

Regulation of the Overindebtedness Act is Approved

On July 1, 2021, Statute #14,181, also known as the Overindebtedness Act, was approved. It amended the Brazilian Consumer Protection Code and the Brazilian Elderly Bill of Rights with the purpose of protecting individuals who, in good faith, contracted debts above their ability to pay and without compromising their social minimum, with the exception of consumers of luxury items, which are not protected.

Regulation of the Overindebtedness Act is ApprovedRead Full Article

When Integrity Counts

A lot is said about integrity, but examples of its practice are not always seen on a daily basis. Conversely, there are controversial situations in which actions that could be considered ethical are questionable due to their results.

When Integrity CountsRead Full Article

Items required for the Compliance Program are changed by New Regulation

The Brazilian government edited Decree #11,129 on this Monday, July 11, 2022, updating the regulation of the Brazilian Anti-Corruption Act (Statute #12,846 of August 1, 2013) and bringing some changes to the content of Decree #8,420 of March 18, 2015, which was responsible for such regulation.

Items required for the Compliance Program are changed by New RegulationRead Full Article

Brazilian Comptroller General Launches a Handbook for Handling Conflicts of Interest

The Office of the Comptroller General (CGU) announced on June 4, 2022, the release of its newest document: the Handbook for Handling Conflicts of Interest.

Brazilian Comptroller General Launches a Handbook for Handling Conflicts of InterestRead Full Article

Sexual harassment complaints at CEF and the integrity program

On June 29, 2022, several media outlets, including the Isto É Dinheiro magazine, published revelations that, despite the political capitalization by the government's opponents, brought to light a worrying threat to the effectiveness of the integrity programs implemented in the various government entities.

Sexual harassment complaints at CEF and the integrity programRead Full Article

Information Wall – A Growing Need

On May 9, 2022, the website “Policy & Medicine” published an interesting article signed by Thomas Sullivan titled “McKinsey – Serving as a Double Agent?”. It describes that the Oversight and Reform Committee on the US House of Representatives issued a report concluding that 22 consultants from the renowned McKinsey consulting firm were assigned to work simultaneously with the US government and with opioid manufacturers.

Information Wall – A Growing NeedRead Full Article

ANPD is transformed into an Autonomous Agency

On this 13th of June, the Brazilian government issued the Executive Order #1,124, which was also published in the Federal Gazette on June 14, 2022. Containing 10 articles, it enters into force on the date of its publication.

ANPD is transformed into an Autonomous AgencyRead Full Article

ANS' List of Procedures is exhaustive, according to the Brazilian Superior Court of Justice. What does this mean for us?

On June 8, 2022, Brazil witnessed the unfolding of another chapter involving healthcare plans, patients and the Brazilian Agency of Supplementary Health (ANS), this time at the headquarters of the Brazilian Superior Court of Justice (STJ), in Brasilia.

ANS' List of Procedures is exhaustive, according to the Brazilian Superior Court of Justice. What does this mean for us?Read Full Article

The DPO is recognized in the Brazilian Classification of Occupations

The first step towards recognizing the profession of Data Protection Officer (DPO) in Brazil, which was introduced by the definition contained in Article 5, VIII of the Brazilian Data Privacy Act (LGPD) – Statute #13,709/2018. This step was taken with its inclusion in the Brazilian Classification of Occupations (CBO), created by Ordinance #397 of October 10, 2002.

The DPO is recognized in the Brazilian Classification of OccupationsRead Full Article

The FDA unifies Premarket Review for Combination Products

In January 2022, the Food and Drug Administration (FDA) published an interesting guide, called Principles of Premarket Pathways for Combination Products, which establishes the unification of premarket review of combination products.

The FDA unifies Premarket Review for Combination ProductsRead Full Article

Advances in Telemedicine Regulation in Brazil

Up until now, telemedicine in Brazil had been regulated by Law 13,989 of April 15, 2020, which provided for the use of telemedicine during the crisis caused by the coronavirus (SARS-COV-2). That is, apparently there was only regulation approved in Congress, after the country faced a national emergency, because of the pandemic that was expanding and causing deaths and sequelae wherever it arrived, forcing social isolation. In fact, social isolation was the driving force for services, such as those resulting from the use of telemedicine.

Advances in Telemedicine Regulation in BrazilRead Full Article