Campos Mello Advogados

Written by: Alex Jorge, Juliana Costa, Paulo Takafuji, Marina Carvalho - DLA Piper. On 16 January 2025, the President ratified Supplementary Law No. 214/2025, marking a significant step in Brazilian tax reform. This new law outlines the framework for the IBS, the CBS, and IS, while also establishing the IBS Management Committee. During the announcement, it […]

A look at the keys to success for multinational legal teams Featuring: Marco Salgado, Ximena Santibañez, and Andrea Convalía. A conversation with Marco Salgado, Partner and Practice Group Leader at DLA Piper in Chile; Ximena Santibañez, General Counsel at Walmart Chile; and Andrea Convalía, Head of Legal and Compliance at Roche Chile, on ‘Key Competencies […]

Written by: Janine Guzmán. Xana Connelly. Julian Anglada Pagan, DLA Piper. The Puerto Rico Department of Consumer Affairs (DACO, per its acronym in Spanish) reactivated its Office Against Discrimination in Commerce (OADC) in September 2024 to ensure Puerto Rican consumers receive fair and equal treatment from the United States and foreign companies offering goods and […]

Written by: Janine Guzmán, Daniel Brown-Sáenz, DLA Piper. Puerto Rico’s Act No. 115-1991 (Act 115), which was enacted to protect public- and private-sector employees who collaborate with internal or external investigations, has been amended by Act No. 81-2024 (Act 81) to expand the definition of the term “employee,” as contained in the Act. Specifically, Act […]

And expectations  for the future. By Campos Mello Advogados in cooperation with DLA Piper The pharmaceutical industry grappled with significant challenges in 2022 and 2023, including post-pandemic market corrections and macroeconomic pressures, resulting in one of its worst performances in decades. Capital raising became arduous, impacting transactional activity across the board. As we enter 2024, […]

Approved by Brazilian parliament   Written by Marcella Hill, Jaqueline Suryan and Mariana Jardim, Campos Mello Advogados in cooperation with DLA Piper The long-anticipated Brazilian Insurance Law, initially introduced as Bill No. 3,555/2004 in the House of Representatives and later amended by the Federal Senate as Bill No. 29/2017, has now been approved under Bill No. […]

Enforcement in Latin America Edited by Carsten Reichel, Amadeu Ribeiro, DLA Piper This bulletin explores antitrust and competition developments across US-Latin America. In this issue, we look at key headlines from throughout 2024. Argentina Argentina’s leniency regime goes live. In May, Argentina’s National Commission for Competition Defense (CNDC) announced the implementation of its leniency regime – […]

Written by: Campos Mello Advogados, in cooperation with DLA Piper. On September 11th, , the First Section of the Superior Court of Justice (“Superior Tribunal de Justiça – STJ”) concluded the judgment of Theme 1,226, ruling that the Stock Option Plans (“SOP”) offered by companies to their executives and employees are of a mercantile nature, subject to Individual Income […]

The role of resilient infrastructure in disaster prevention.   By Diego Fernandes and Carolina Pazzoti, Campos Mello Advogados in cooperation with DLA Piper   Recent climate events in Rio Grande do Sul have exposed the serious impacts that the advance of climate change can bring, with human losses and significant material damage. Although this event is alarming, […]

Here are three aspects to consider. Written by:Carsten Reichel, Amadeu Ribeiro, Sofía O’Ryan, and Antonio Cardenas Arriola Competition enforcers throughout the Americas focus their efforts to investigate and prosecute antitrust cartels: agreements between competitors to fix prices, rig bids, or allocate markets. These offenses, which the US Supreme Court has labeled the “supreme evil of antitrust,” are […]

National Data Protection Authority regulates the international transfer of personal data in Brazil (Resolution No. 19).   by Campos Mello, in cooperation with DLA Piper   On August 23, 2024, the National Data Protection Authority (“ANPD”) published the Resolution no. 19, which approved the Regulation on International Data Transfer, which establishes the procedures and rules for […]

With Regulation 2023/1115 (Deforestation) and discusses postponing the entry into force of the regulation. by Campos Mello Advogados, in cooperation with DLA Piper In May 2023, the Council of the European Union (“EU”) approved Regulation No. 2023/1115, which now regulates specific rules aimed at prohibiting the introduction into the EU market of certain commodity products […]

National security risks headline new AML requirements for investment advisers – and more to come? DLA Piper. Last week, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a widely anticipated final rule to police the estimated $125 trillion-plus investment adviser market. The new rule extends anti-money laundering and countering the financing of terrorism […]

Campos Mello Advogados, in cooperation with DLA Piper.   On September 11th, , the First Section of the Superior Court of Justice (“Superior Tribunal de Justiça – STJ”) concluded the judgment of Theme 1,226, ruling that the Stock Option Plans (“SOP”) offered by companies to their executives and employees are of a mercantile nature, subject to Individual Income Tax (“IRPF”) […]

Top points for companies. Prudent entities responding to Requests for Proposals (RFPs) from the Government of Puerto Rico will exercise additional caution when determining how to demonstrate their economic fitness, after the Puerto Rico Supreme Court (PRSC) ruled that an administrative agency is not allowed to consider the financial statements of proponent’s parent company and […]

Professional Council X Legislative Power – who should regulate the relationship between doctors and the health industry?   CFM Resolution 2,386/2024 aims to regulate the relationship between doctors and the healthcare industry, prioritizing a transparent and trustworthy bond, but faces questions about its legality and practical application.     On August 21, 2024, the Federal Council of […]

On August 23, 2024, the National Data Protection Authority (“ANPD”) published the Resolution no. 19, which approved the Regulation on International Data Transfer, which establishes the procedures and rules for international data transfer operations and the content of standard contractual clauses, as provided for in the Brazilian General Data Protection Law (Federal Law No. 13,709/2018 […]

On August 1, 2024, the US Department of Justice (DOJ) launched its Corporate Whistleblower Awards Pilot Program (DOJ Whistleblower Program, or Pilot Program) along with detailed program guidance outlining requirements for eligibility. This announcement comes on the heels of Deputy Attorney General Lisa Monaco’s keynote remarks earlier this year during the American Bar Association’s 2024 National Institute on White […]

On June 27, 2024, the US Supreme Court ruled that the Securities and Exchange Commission (SEC) cannot use its administrative courts, instead of Article III federal district courts, to decide securities fraud claims seeking civil penalties. Securities & Exch. Comm’n v. Jarkesy, No. 22-859 (2024) (“Jarkesy”). The Court held that the Seventh Amendment “entitles the defendant […]

Puerto Rico prohibits discrimination against certain protective hairstyles. On July 24, 2024, the Governor of Puerto Rico signed into law Senate Bill 1282, also known as the Law Against Discrimination Based on Hairstyles (the Act) which prohibits discrimination against individuals wearing certain hairstyles in Puerto Rico’s workplaces, schools, and housing opportunities. The prohibition applies to […]

Key points On July 26, 2024, the National Institute for Standards and Technology (NIST) released the Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile (GenAI Profile) pursuant to President Joe Biden’s Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence. The GenAI Profile is designed as a companion resource to NIST’s AI Risk Management Framework (AI RMF), released in January […]

In federal health insurance exchanges The Centers for Medicare and Medicaid Services (CMS) and the US Congress have begun turning their attention to the activities of insurance agents and brokers enrolling individuals into plans offered through the federal health insurance exchanges (Marketplace). They are specifically targeting “bad actors” in the Marketplace related to unauthorized enrollments […]

Collaboration between Anvisa and EMA strengthens the safety, accessibility and efficiency of medical treatments, highlighting the importance of regulatory harmonization and the commitment to global public health. In an era marked by global interconnection, the convergence of health regulatory schemes between Brazil and Europe emerges as a beacon of collaboration and sharing of expertise. The […]

Agreements signed by Brazil’s federal oil company Petrobras and antitrust regulator Cade last week could lead to the reopening of administrative proceedings that gave rise to the cease and desist agreements (TCCs) originally signed between the firm and the agency. The contract amendments, which put an end to Petrobras’ remaining divestment commitments, could also pave […]

A global guide to your obligations The new edition of our Gender pay transparency: A global guide to employer obligations is now available. We are delighted to reveal that this edition includes exciting new content, making it an invaluable resource for all HR and legal professionals with an interest in this area. Our guide includes: two new […]

The US Space Force, the US military’s newest branch, has released its US Space Force Commercial Space Strategy  (New Commercial Strategy). Released on April 8, 2024, the New Commercial Strategy challenges leaders to incorporate commercial partnerships and emerging technological innovations in the space warfare domain as to address space-related threats to national security.  The Space […]

In a landmark decision, a Florida appellate court affirmed a lower court ruling that continued possession of commercial aircraft by Russian lessees following imposition of sanctions is not “physical loss or damage” under an all-risk policy as a matter of law. The ruling by Florida’s Fourth District Court of Appeal in Zephyrus Aviation Capital, LLC, […]

Overview of the law and enforcement regime relating to cartels Legal framework The regulation and enforcement of cartel violations are governed by a comprehensive legal framework in Brazil that encompasses several liabilities, such as administrative, civil and criminal: • Brazilian Competition Law (Law No 12,529/2011): identifies cartels as violations of the economic order. This law […]

OCR finalizes HIPAA Privacy Rule On April 22, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the long-awaited HIPAA Privacy Rule To Support Reproductive Health Care Privacy (the Final Rule), which arrives almost two years after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022. The Final […]

what every principal should know before selling products or services Act 75 of June 24, 1964 was enacted to protect Puerto Rican distributors (also translated as “dealers”) from arbitrary terminations to a distribution agreement. It essentially provides that, regardless of any contractual provision to the contrary, a distribution agreement may not be terminated, impaired or […]

Recently, on April 30th, 2024, the Brazilian Health Regulatory Agency, Anvisa, took a significant step forward during its 7th Public Ordinary Meeting of the Collegiate Board. It approved the commencement of a Public Consultation (CP) for the revision of Collegiate Board Resolution (RDC) No 9/2015, which pertains to the conduct of clinical trials aimed at […]

  Japan was an early proponent of the use of hydrogen for decarbonization, publishing its first hydrogen strategy in 2017, and the substance continues to be a critical part of Japan’s strategy to decarbonize its economy and achieve carbon neutrality in 2050. The Japanese government has committed significant funding to developing its hydrogen production capabilities, […]

A conversation with Vincent Keaveny, former Lord Mayor and Sheriff of the City of London. In this discussion, Francisco Cerezo interviews Vincent Keaveny, a partner in DLA Piper’s London office, to discuss the current activity, meaningful ties, and potential for economic investment between the UK and Latin America. Listen here

The pharmaceutical industry grappled with significant challenges in 2022 and 2023, including post-pandemic market corrections and macroeconomic pressures, resulting in one of its worst performances in decades. Capital raising became arduous, impacting transactional activity across the board. As we enter 2024, the industry faces unprecedented challenges amidst high market volatility driven by capital dynamics, geopolitical […]

In today’s interconnected world, where the lines between private and professional lives are blurred and working from home is more common than ever, it can be difficult to unplug from work. Lawmakers are taking note, with more jurisdictions around the world implementing some form of a right to disconnect for employees. US companies with global […]

Signed into law in December 2023, the Foreign Extortion Prevention Act (FEPA) criminalizes the “demand side” of foreign bribery – that is, the Act makes it illegal for any foreign official to demand, receive, or agree to receive a bribe from a US citizen, company, or resident. FEPA is designed to work in conjunction with […]

A new law in Puerto Rico, Act No. 27-2024 (Act 27), makes it easier for foreign employers to hire employees to work from within Puerto Rico, and for persons to relocate to work remotely within Puerto Rico for employers that do not maintain a presence on the island. Enacted on January 17, 2024, with Puerto […]

As US project finance laws continue to evolve, companies are encouraged to stay abreast of developments and trends within the space. In a Q&A published in The Legal 500 Country Comparative Guides 2024, Robert da Silva Ashley, a partner in DLA Piper’s Projects and Global Finance (Americas) practice, discusses the current state of project finance in […]

In this episode, Francisco Cerezo, Partner and Chair of the firm’s US-Latin America Practice, is joined by Tony Navarro, EVP of Red Ventures and founder of Guide.com, for a discussion about artificial intelligence in Latin America, including social, economic and political implications. This is an engaging conversation on both the promise and perils of AI […]

The second half of 2023 saw significant regulatory action and legislative proposals in a number of jurisdictions, affecting insurance companies across jurisdictions. We have included short updates on: regulatory reform in Australia; recent developments in case law in Colombia; new legislative proposals from New Zealand to Brazil, including Poland and Slovenia; the Energy Act in […]

The 8th volume of Energy inSight presents a detailed overview of the latest news, initiatives, and regulations in Brazil’s energy sector. This edition focuses on the proposals that have marked the sector and fostered various discussions among the sector’s agents and competent bodies in the last quarter of 2023. Given the relevance and impact of […]

Brazil’s Federal Law 12,846/2013, which celebrated its tenth anniversary in August 2023, came to be during a turbulent period in the country, when citizens demanded more transparency from the government and effective prosecution of crimes involving corporations and businessmen. The law introduced several new enforcement mechanisms, among them the possibility of its enforcement by federal, […]

The Foreign Extortion Prevention Act (FEPA) criminalizes the “demand side” of foreign bribery – that is, the Act makes it illegal for any foreign official to demand, receive, or agree to receive a bribe from a US citizen, company, or resident. FEPA is designed to work in conjunction with the Foreign Corrupt Practices Act (FCPA), […]

Brazil’s Federal Law 12,846/2013, which celebrated its tenth anniversary in August 2023, came to be during a turbulent period in the country, when citizens demanded more transparency from the government and effective prosecution of crimes involving corporations and businessmen. The law introduced several new enforcement mechanisms, among them the possibility of its enforcement by federal, […]

As the healthcare industry integrates artificial intelligence (AI) into its business, and evidence grows demonstrating the potential for AI to be transformational in healthcare, policymakers are studying the technology to understand how it might benefit or harm the health system and the people it serves. In establishing a technology system that is useful, effective, and […]

As we head into 2024, employers can expect more risk related to the use of restrictive covenants at both the federal and state level. From the Federal Trade Commission’s (FTC) anticipated final rule and National Labor Relations Board (NLRB) unfair labor practice charges to new state laws and court decisions, employers are monitoring the landscape, […]

An ever more competitive marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets and mitigating intellectual property risks are more challenging than ever. Here are six trends we have been following closely – and we expect the significance of these trends will only grow in the coming months. The Jack Daniels hangover. Trademark practitioners […]

On January 5, 2024, FDA authorized Florida’s Section 804 Importation Program (SIP) proposal to allow Florida’s Agency for Health Care Administration (AHCA) to import drugs from Canada for a period of two years. AHCA revised their 2020 proposal to the FDA several times and submitted clarifying communications prior to the agency’s determination. While eight other […]

Healthcare private equity firms are in the crosshairs of the US antitrust agencies, the White House, state legislators, and some prominent members of Congress. In recent weeks, Federal Trade Commission (FTC) Chair Lina Khan has argued that private equity acquisitions of healthcare practices have “enabled firms to amass significant control over key services in local […]

A new law in Puerto Rico, Act No. 27-2024 (Act 27), makes it easier for foreign employers to hire employees to work from within Puerto Rico, and for persons to relocate to work remotely within Puerto Rico for employers that do not maintain a presence on the island. Enacted on January 17, 2024, with Puerto […]

In this episode, Francisco Cerezo, Partner & Chair of the firm’s US-Latin America Practice, is joined by Ambassador Michael McKinley for a discussion on current events in Latin America. Listen to full conversation here

Effective November 1, 2023, all US employers must use the new Form I-9, Employment Eligibility Verification, as required by the US Citizenship and Immigration Services (USCIS). The revised I-9 form must be used for all new hires and rehires, including citizens and non-citizens. Failing to comply with I-9 requirements may put your company at risk […]

Transactional The years 2022 and 2023 presented significant challenges for the industry, with a post-pandemic market correction and macroeconomic pressures resulting in one of the worst performances in decades. Depreciations made capital raising difficult for both private and publicly traded companies, reflecting in the transactional landscape of 2023. As we enter 2024, the pharmaceutical industry […]

Constitutional Amendment In light of the final approval of Constitutional Amendment 132 by Congress, we have a definitive picture of the framework of the reform and now the Federal government must submit the legislative bills which will fully regulate the newly created taxes. IS • Applicable over the production, commercialization and importation of goods and […]

Interview with Bruna B. Rocha – In Vivo Citeline Commercial Nations in Latin America and the Caribbean have officially initiated discussions on establishing a new regulatory body for medicines and medical devices in the region. This endeavor holds the promise of advantages for both companies and patients, such as alleviating regulatory complexities, facilitating market access, […]

Effective January 1, 2024, the Corporate Transparency Act (CTA) will require reporting companies to provide certain beneficial ownership information related to their controlling stakeholders – a measure that aligns with the US federal government’s aim to mitigate corruption, money laundering, terrorism, fraud, and other illegal activity. In this alert, we summarize the applicability of the […]

On August 9, 2023, Senator Rosamar Trujillo Plumey presented Proposed Senate Bill 1277 (P. del S. 1277), which seeks to amend Act No. 80 of May 30, 1976 (Act 80), known as the Puerto Rico Unjust Dismissal Act. Act 80 regulates private-sector dismissals and layoffs, providing a severance indemnity to employees terminated without just cause. […]

The European Union’s (“EU”) Carbon Border Adjustment Mechanism (“CBAM”) came into effect on October 1, 2023, marking a significant milestone in the EU’s approach to addressing climate change and reducing global Greenhouse Gas Emissions (“GHG”). Created by Regulation EU No. 2023/956 of the European Parliament and the Council (“Regulation”), the CBAM’s primary objective is to […]

Approved by the Environment Committee of the Federal Senate at the beginning of October (10/04), Bill No. 412/2022 (“Bill”) establishes the Brazilian Greenhouse Gas Emissions Trading System (“SBCE”). The Bill has reached the Chamber of Deputies, where it has been appended to a series of other bills with similar themes that shall be submitted for […]

As another way to encourage equity actions between men and women in the workplace, on 20/09/2023, Law 14,682/2023 was published, which creates the ‘Woman Friendly Company’ seal, with the purpose of identifying societies businesswomen who adopt practices aimed at the professional inclusion of women victims of domestic and family violence. According to art. 2 of the […]

The STF, when judging the Extraordinary Appeal submitted to the General Repercussion, consolidated its jurisprudence regarding the impossibility of administrative restitution of the undue amount recognized by the court, requiring that the payment due by the Public Treasury as a result of a judicial decision occurs through a court order or request for a small […]

On September 14th, President Luiz Inácio Lula da Silva and other government members formalized the signing of the  Bill for the Future Fuel Program (“Bill“), which shall now proceed to the initial legislative process in the Chamber of Deputies. The Bill addresses a variety of converging questions, all aimed at decarbonizing the transportation energy matrix, […]

The Bill of Law 1,425/2022 (“Bill”) was approved this Wednesday, August 30, by the Brazilian Federal Senate. Authored by Jean Paul Prates, former senator and current Chief Executive Officer of Petrobras, the Bill proposes a regulatory framework for Carbon Capture and Storage (“CCS”) activities in Brazil, with the following highlights:  Grant of Exploration of Geological Reservoirs: The Bill stipulates that permanent CCS activities can only be carried out with a Qualified Grant […]

Currently it is widely known that the Latin American markets operate with their respective regulatory health bodies, varying from having dedicated agencies in some nations to entrusting responsibilities like drug approval and post-marketing surveillance to their health ministries in others. The Pan American Health Organization (“PAHO”) extends technical assistance and collaboration to these regulatory authorities, […]

The Bill of Law 1,425/2022 (“Bill”) was approved this Wednesday, August 30, by the Brazilian Federal Senate. Authored by Jean Paul Prates, former senator and current Chief Executive Officer of Petrobras, the Bill proposes a regulatory framework for Carbon Capture and Storage (“CCS”) activities in Brazil, with the following highlights:  Grant of Exploration of Geological Reservoirs: The Bill stipulates that permanent CCS activities can only be carried out with a Qualified Grant […]

Pursuant to Law N. 14,286 of December 29, 2021, and Resolutions Nos. 278 and 281 of December 31, 2022, issued by the Brazilian Central Bank (“BCB”), Brazilian entities with direct equity interest of non-residents in their capital stock must provide certain periodical statements to the BCB. Accordingly, companies that have assets in an amount equal to or […]

The US Court of Appeals for the First Circuit recently issued an opinion and judgment affirming the Federal District Court of Puerto Rico’s March 2023 ruling that invalidated Puerto Rico Act No. 41-2022 (Act 41). Act 41 introduced several important changes to Puerto Rican private employment law, in many cases reversing changes which were introduced […]

Employers in Puerto Rico are encouraged to revise their domestic violence policies and trainings based on a recent amendment to Act No. 54 of August 15, 1989 – the Domestic Abuse Prevention and Intervention Act – to recognize economic violence as a form of domestic abuse and establish grounds to grant protection orders related to […]

The Convention to Homologate the Tax Treatment provided for in the Conventions to Avoid Double Taxation entered into between the States Party to the Pacific Alliance Framework Agreement (the Convention) has entered into force between Mexico, Colombia, Peru, and Chile. The four Pacific Alliance membership countries (collectively, the States) first entered into the Convention in October 2017, […]

The Provisional Measure (MP) No. 1,171, published on April 30, 2023, brought new tax rules for individuals who are tax residents in Brazil earning foreign income, among other provisions. To whom it applies: Individuals who are tax residents in Brazil Effective as of:  January 1st, 2024 What types of foreign income:  Income from capital invested […]

The constant review of rules and regulations in the power sector is essential to bring legal certainty to the industry. The 6th volume of the Energy InSight brings together the main proposals and improvements to Brazilian regulation that deserve to be highlighted this quarter, as well as the discussions that should guide the sector over […]

1. PPP Complexo Hospitalar Souza Aguiar– Rio de Janeiro Resumo do projeto: A Parceria Público-privada (PPP) tem como objetivo a exploração e modernização do Complexo Hospitalar Souza Aguiar, no centro da capital fluminense, com previsão de investimentos na casa de R$ 850 milhões. O chamamento público garante 30 anos de contrato com a ganhadora, que […]

Brazil, the largest economy in South America, has taken a significant step in its tax policy. Brazil has enacted a law (Law 14,596/23) that transitions the country towards the Arm’s Length Principle (ALP). This change underscores Brazil’s commitment to aligning its taxation policies to global standards. While this development is promising for the national economy, […]

Our philosophy for providing services to our clients can best be described as a partnership. We strive to provide our clients with a solutions-oriented approach to address their current and future legal needs. Specifically, we analyze each project from a risk and cost-benefit standpoint. We also advise our clients of current best practices and keep […]

As business grows more global, the challenge for in-house counsel and HR professionals responsible for workforce issues and employment law compliance is intensifying. This guide is designed to meet that challenge head on and has been produced in response to feedback from clients in both established and emerging international businesses. We hope it will become […]

Sociedades Limitadas are regulated by Law 10,406/02 (Brazilian Civil Code) and residually, whenever set forth in their articles of organization, by Law 6,404/76, as amended, which regulates Brazilian corporations. A Sociedade Limitada is simple to incorporate and operate as very few formalities are required for its organization and management. The Sociedade Limitada is managed by […]

Published on April 30, 2023, Provisional Measure No. 1.171 brought several new tax rules for residents in Brazil who earn foreign income. This foreign income will be subject to taxation under the Individual Income Tax (IRPF) and must be reported in the Annual Adjustment Return (DAA). In addition to the general rule, which establishes a […]

A Few Notes about Sustainability and Taxes in Brazil Introduction One of the world’s top priorities nowadays is the sustainability agenda due to climate change. The conditions on Earth have been changing rapidly and drastically as a harmful effect of the global warming caused by the emission of Greenhouse Gases (“GHG”) in the atmosphere. Droughts, […]

The beginning of this year has been marked by a turmoil in the international financial market. First, with the failure of Silicon Valley Bank in the US followed by the acceleration of the recurrent problems faced by Credit Suisse in Europe. Earlier in March, a decision was taken to write off the perpetual debt of […]

Chile Con fecha 4 de enero de 2023, se publicó finalmente en Chile la Ley N°21.521, que promueve la competencia e inclusión financiera a través de la innovación y tecnología en la prestación de servicios financieros, también conocida como Ley Fintech (“Ley” o “Ley Fintech”), y que comenzó a regir el 3 de febrero pasado. […]

With the municipalities putting pressure on the Federal Government and Congress, the President of the Republic published Provisional Measure No. 1,167 on March 31, in order to extend the new law’s effectiveness until December 31. The new Administrative Procurement and Contracts Law (Law n.º 14.133/2021) was published two years ago and should have entered into […]

“Guida agli Affari in Brasile”, (original), prepared by the Embassy of Italy in Brasília, addresses investment opportunities in the country, the map of opportunities, demographics and strategies for entering the Brazilian market . Labour Law partner, Juliana Nunes, is the author of the chapter “Overview of labor laws” (“Panoramica delle leggi del lavoro”), in which […]

Observers in Brazil are paying close attention to the approaches the country is taking to address SESG – Sustainability and Environmental, Social and Governance – issues, the broad term for factors used to evaluate a business’ collective conscientiousness about social and environmental factors. SESG factors embrace climate impacts as well as concerns around diversity, inclusion, communities (and […]

Puerto Rico Department of Labor and Human Resources Secretary Gabriel Maldonado-González recently published Circular Letter No. 2023-01, which details the department’s position on the Puerto Rico Federal District Court’s recent nullification of Act No. 41-2022. The Court declared Act No. 41-2022 void ab initio for failing to comply with the procedural requirements of the Federal PROMESA […]

Most countries in Latin America made no significant strides during 2022 in their legislative efforts to prevent, punish and combat corruption. That is the key finding of the Latin American Anti-Corruption Assessment 2021-2022, a study of 17 Latin America countries. In this issue, we take a concise look at the report, then offer a few […]

Prepared by our Energy and Natural Resources team. The newsletter also addresses topics such as the regulation of Distributed Generation, the discussions about the Evaluation of Environmental Attributes of Renewable Sources, the creation of a National Green Hydrogen Program, and the Market Opening in the Electricity Sector, among so many other hot topics of 2022: […]

Non-fungible tokens in Argentina, Brazil, Chile an Colombia. Non-Fungible Tokens, the NFTs, have become one of the most popular assets globally. Developed as collectable assets which have its authenticity guaranteed by blockchain, the NFTs create a new market to acquire original digital pieces. NFTs have received increased attention in recent years, especially in the trade of […]

Introduction As a continental country and an emerging economy, Brazil has been investing to expand the logistics and social infrastructures. The logistics matrix is highly dependent of highways, because of the industrialization police adopted in the sixties. At the time, Brazil replaced its railways by highways. However, the maintenance, expansion and costs of highway transportation […]

Sanctioned law guaranteeing the free supply of medical cannabis in São Paulo Last Tuesday (31), the law ( Law n° 17.618/23 ) was sanctioned, which authorizes the free distribution of cannabidiol-based medicines in the public health network of the state of São Paulo – that is, by health units public state and private affiliated to the Unified […]

The 2nd Court of Monte Mor (São Paulo) granted an injunction in a writ of mandamus to remove the requirement for a certificate of fiscal regularity for the registration of the deed of purchase and sale of real estate, formulated by the Notary of Notes and Protests of Letters and Titles of Monte Mor . […]

Signed on February 2, 1971, the Convention on Wetlands of International Importance, especially as Habitat for Waterfowl, known as the “Ramsar Convention” (“Convention”), recognizes that wetlands are sources of biodiversity and a resource of great value economic, cultural and recreational, whose loss is considered irreparable. The Convention establishes the need for their protection, mainly due to […]

During the World Economic Forum 2023 in Davos, specialists engaged in the health theme unanimously indicated that “the past three years of the Covid-19 pandemic have exposed vulnerabilities in healthcare systems around the world and highlighted the dangers of inequalities in care – not only creating global health risks, but also causing knock-on effects on […]

With the technology evolution and new trends of the post-pandemic work culture, it is increasingly common to see people moving abroad to work remotely. Here are some of the main considerations in case (1) a person residing in Brazil moves abroad or (2) a foreign individual intends to work in Brazil remotely and on a temporary […]

On 29 November 2022, Brazil and the UK signed a long-awaited Double Taxation Agreement (DTA). While the DTA will not enter into force until completion of the relevant legislative procedures required by Brazilian and UK law, which in Brazil requires the DTA to be approved by Congress and signed by the President, its implications are […]

Senate Bill 0976-22 (Bill 976) proposes to amend Puerto Rican Act 16-2017, the Salary Equality Act of Puerto Rico. That Act imposes penalties on employers who discriminate on the basis of sex via salary differences. Bill 976 seeks to guarantee the vindication of citizens’ rights under Act 16-2017 by providing greater access to the filing […]

For lawyers and professionals who focus on white-collar crime at the international level, a key question is how to conduct an investigation in a jurisdiction that may be unfamiliar, and how to conduct oneself during such an investigation. Who are the relevant authorities? What are their most pressing concerns? What are the granular issues to […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

WELCOME TO PANORAMA A year ago, the economic situation in LatAm seemed dire. But in the second half of 2021 and well into 2022, the business and economic outlook for Latin America has not only bounced back, but in many areas is surging forward. The picture, of course, is uneven. Exciting new technologies are being adapted […]

On October 26, 2023, Normative Ordinance MF No. 1,330 (“PN No. 1,330”) was published by the Brazilian Ministry of Finance, which provides for the general conditions for the commercial operation of the lottery modality of fixed-odds betting in the national territory, under the terms of Law No. 13,756, of December 12, 2018 (“Law No. 13,756”), […]

Our Energy and Natural Resources team presents Issue No. 7 of the ENERGY InSIGHT Newsletter, focusing on key regulatory developments in the Brazilian energy sector. Highlights include proposed regulations for the Carbon Market, ANEEL’s Public Consultation on retail trading simplification, and changes in the power sector addressing Tariffs for the Use of Transmission and Distribution […]

Anti-corruption and AML in Mexico: Trends and developments. The Global Anti-Corruption Perspective The fight against corruption and the fight against new forms of money laundering (AML) are issues that should occupy a central place in the public policy agenda of any country. These endeavors are deeply connected.  For a government to have better results in tackling […]

Gafisa makes an offer for the acquisition of Construtora São José, but negotiations are unsuccessful In May of this year, the company Gafisa was in the final stages of negotiations to acquire one of the best known high-income developers in São Paulo, Construtora São José (“ São José ”), aiming to reach its select portfolio of clients, […]

The State Grid Corporation (the “State Grid”), the largest electricity concessionaire in the world and owner of CPFL Energia, purchased a building with 54 apartments in the Rio de Janeiro neighborhood of Leblon, with an estimated Potential Sales Value of more than BRL 200 million reais. The building is strategically located between the beach and the […]

Through Ordinances GM/MME No. 685 and 686, published on September 9, 2022, the Ministry of Mines and Energy (MME) launched the opening of Public Consultation No. 134/2022 and 135/2022, in order to discuss (i) a draft proposal of Normative Ordinance which regulates the offshore power generation activities in Brazil; and (ii) a draft proposal of Normative Ordinance which creates the Unified Portal for Management of the Use of Offshore Areas for Power Generation (“Unified Portal”). The period for contributions ends in 30 days (October 11th, 2022).  Complementing the provisions … Read more

On October 18, 2022, the National Data Protection Authority (“ANPD”) published an orientation guide on “Cookies and personal data protection” (“Guide”). The material aims to establish a general scenario about this technology, including the main concepts and classifications of cookies, as well as guide processing agents (controllers and processors) on good practices and requirements that […]

Key takeaways: Europe’s Sustainable Finance Disclosure Regulation (SFDR) has been followed by equivalent proposals in other jurisdictions, particularly the UK and US. The European regime and the UK and US proposals are not fundamentally inconsistent but there are clear differences in approach, particularly on labelling. Fund managers marketing products into each of the jurisdictions will […]

The Global Anti-Corruption Perspective The fight against corruption and the fight against new forms of money laundering (AML) are issues that should occupy a central place in the public policy agenda of any country. These endeavors are deeply connected.  For a government to have better results in tackling these problems, it must put in place a […]

Con fecha 30 de junio de 2022, entró en vigencia la Ley N°21.461, que modifica la Ley N°18.101 que fija Normas Especiales sobre Arrendamiento de Predios Urbanos y el Código de Procedimiento Civil, mediante su publicación en el Diario Oficial. Las principales modificaciones que contempla la Ley N°21.461 dicen relación con: La incorporación de la medida […]

With Federal Decree nº 11.075/2022, Brazil takes another step toward creating a carbon market Brazil has published Federal Decree No. 11.075 which establishes the procedures for Sectorial Plans for Mitigation of Climate Change and institutes Sinare, the National System for the Reduction of Greenhouse Gas Emissions. Since Brazil created its National Policy on Climate Change […]

Merger control is an essential element for any effective competition system, regardless of geography. Although recommended by the Organization for Economic Co-Operation and Development (OECD) on several occasions,[1]  a merger control regime eluded the Peruvian market up until 2021,[2] when – after several bills failed in Congress – Law N° 31112 was finally enacted in January 2021. […]

The Organization for Economic Cooperation and Development has published the latest edition of its Tax Administration Report. According to the OECD, this series of Reports aims to provide information that will facilitate dialogue among tax officials on important  tax administration issues.  It also identifies opportunities for revenue bodies to improve the design and administration of […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

On May 25, 2022, Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) imposed a punishing penalty of more than MX$9.145 billion (~US$450 million) on a major player in the Mexican energy sector. The company holds an electric power generation permit under the self-supply scheme (autoabastecimiento). The CRE declared that the company was restricted to […]

On June 20, 2022, Governor Pedro Pierluisi signed into law House Bill No. 1244, Act No. 41-2022 (Act No. 41), which amends and partially repeals the Labor Transformation and Flexibilization Act, Act No. 4-2017 (Act No. 4 or Labor Reform of 2017) as well as amends several other employment statutes. In essence, Act No. 41 […]

International Women’s Day, celebrated every March 8, focuses on the achievements of women over the years in the cultural, political and socioeconomic contexts, bringing special attention to regarding gender equality and reproductive issues. In connection with this, it is important to highlight the recent development of new trends in the healthcare ecosystem which focus on […]

Perú • Se modifica el Decreto Legislativo Nº 1075 que aprueba disposiciones complementarias a la Decisión 486 de la Comisión de la Comunidad Andina que establece el régimen común sobre Propiedad Industrial El día 21 de junio de 2022, se publicó la Ley Nº 31497, mediante la cual se realizó las siguientes modificaciones e incorporaciones […]

El 20 de junio de 2022 se publicó la Ley 21.459 que establece normas sobre Delitos Informáticos, derogando la Ley 19.223 y modificando otros cuerpos legales. La ley regula diversos tipos penales, tales como; ataque a la integridad de un sistema informático, acceso ilícito a un sistema informático, interceptación ilícita de información, falsificación informática, receptación de datos informáticos, entre otros. Se incluye también la […]