Publications
- Category: Corporate
AMENDMENT TO CVM INSTRUCTION 391/03 BY CVM IN ORDER TO FOSTER INVESTMENT IN SMALL-SIZED COMPANIES, by Guilherme B. Malouf eand João Guilherme Soggio G. de Oliveira
The Brazilian Securities Commission (CVM) disclosed, on November 27, CVM Instruction No. 540, amending some provisions of CVM Instruction No. 391, dated July 16, 2003, with respect to the operation of investment funds in equity (FIPs).
- Category: Real estate
CHALLENGES CONCERNING SÃO PAULO´S NEW URBAN MASTER PLAN, by Maria Flavia Seabra Gemperli and Marina Rosa Cavalli
São Paulo’s new Urban Master Plan may impose significant changes upon the city and its residents, especially from 2016. This is because the development, project approval, construction and final delivery shall take at least two years. The question that arises is whether or not the city will possess the developments in urban infrastructure necessary and compatible with modernity and the goals of the new Urban Master Plan
- Category: Corporate
2014: A SURPRISING YEAR FOR MERGERS AND ACQUISITIONS, by Arthur B. Penteado and Vinicius Bernardes
The inventors’ perception for what will occur in the country and in the world is significantly reflected in the mergers and acquisitions market. When the outlook is positive and trends are of greater stability and security for those involved, the conclusion of a greater number of M&A transactions may be expected, especially if such a scenario is accompanied by good economic grounds.
- Category: Infrastructure and energy
ANTT ISSUES REGULATION FOR INDEPENDENT RAILROAD OPERATORS, by Mauro Bardawil Penteado e Letícia Oliveira Lins de Alencar
By establishing the National Solid Waste Policy, Law No. 12,305/2010 has brought undeniable progress to the legal treatment applicable to solid waste management services. Although Law No. 11,445/2007 had already laid down some general guidelines for the provision of basic sanitation services, including solid waste management, as well as cer
- Category: Litigation
The approval of the new Code of Civil Procedure (CPC), which will take effect in March 2016, brings many challenges to be met by those involved in the process. Marked by an emphasis on rapid solution for disputes, the new legislation includes a number of provisions to achieve this purpose, as the express references to the reasonable duration of the proceedings (by the way, as provided for in the Federal Constitution), the reduced arsenal of remedies available to the parties and the need for processing cases ??in chronological order, which is not the case in forensic practice today.
- Category: Labor and employment
Among all post employment restrictive covenants, the only one protected by Brazilian laws is confidentiality: it is a criminal offense to disclose trade secrets and other relevant commercial information obtained as a result of the performance of the services. As a consequence, it has become a market practice to include restrictive covenants - such as non-compete, non-solicitation, non-poaching and additional non-disclosure obligations - in employment contracts (especially for high level employees). Such practice aims at ensuring the adequate protection of sensitive information and legitimate business interests of the company by prohibiting former employees from working to competitors and soliciting employees, customers and suppliers.