Litigation 5e695m
The new Bidding Law and alternative means of preventing and resolving disputes 4j5g3e
One of the highlights of the new law is the possibility of using the appropriate means for the prevention and resolution of disputes related to property rights arising from the bidding agreements.
The effects of the pandemic on commercial leases 4i2k1i
Although there is still no consensus, the Judiciary is consolidating the understanding that, in certain situations, the pandemic justifies state intervention to ensure financial balance in commercial leases.
Are we prepared for competitive dialogue? 4n4g65
New bidding law introduces competitive dialogue as a bidding modality, but the analysis of some issues shows that improvements still fit
Importance of analytical mapping in lawsuits 9111
A didactic and visual presentation of the occurrences of the case facilitates communication between lawyer and judge and allows a very objective analysis of the case.
Intervening statute of limitations and the new art. 206-A of the Civil Code: are we facing a new discipline on the subject? 1s435m
Article 32 of MP 1.040/21 draws attention for inserting Article 206a-A in the Civil Code to provide that the intercurrent prescription will comply with the same period there of the claim.
Bankruptcy And Recovery Law: discussions on the definition and collection of the tax debt of a bankrupt company d262c
A retrospect of the changes in Law No. 11,101/2005 that deal with the position of the Treasury in relation to tax credits and tax enforcement
Current case law of the Brazilian Supreme Court regarding Article 523, § 1, of the C may shorten proceedings in execution phase 3b4c1e
By creating economic incentives for spontaneous fulfillment of an obligation, the understanding in the case law that has been crystallizing in the Supreme Court induces the debtor to evaluate the cost/benefit of objecting to with the execution of judgment.
The overthrow of vetoes in the reform of the Law of Recoveries and Bankruptcies and the prestige to overcome the crisis 39w1s
New provisions offer greater predictability and security to those interested in assets of companies under judicial reorganization. Selling assets should become more straightforward, and the value of offers to recovering companies is expected to grow.
New judgment by the Superior Court of Justice deals with the subjective criteria for piercing the corporate veil 5i5641
According to the Superior Court of Justice's understanding, not all partners should be affected by the application of the piercing of the corporate veil. Nonetheless, those who were part of the management during the practice of fraudulent acts tend to be seen as benefiting from the wrongdoing and, thus, can be reached by the application of the institute.
Rio de Janeiro Court of Justice ruled in favor of the disregard of the arbitration agreement because one of the contracting parties had its bankruptcy declared 3w1f1m
Interpretation of the law brings legal uncertainty to arbitration agreements and represents a step back from the settled case-law.
New ICC arbitration rules enter into force as of January of 2021: what changes? 6n4c6a
The International Chamber of Commerce's (ICC) International Court of Arbitration has revised its arbitration rules, which entered into force on January 1, 2021. Click here for a summary of the main changes.
What happens with corporate investigations after the LGPD? 4i6z3d
At first glance, it seemed that the LGPD had created substantial limitations on internal corporate investigations. But, in fact, the law brought in normative parameters that give legitimacy to the performance of these activities.
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