APR
9
2012

Frade field incident and the shortcomings of brazilian environmental regulation

David Meiler and Amanda Lourenço Cunha

On November, 2011, the oil spillage of almost 3,000 barrels involving Chevron at Frade Field in Campos Basin – State of Rio de Janeiro, Brazil – raised once again worries amongst oil and gas operators on the stiffness and, moreover, on the width of coercive actions taken by Brazilian government bodies, particularly when with regard to the imposition of penalties arising from environmental incidents occurred during performance of exploration and production activities.

MAR
21
2012

The binding effect of the arbitration clause for the corporations

Renata Mangualde Felizardo

After the inclusion in Law 6.404/76 of the possibility to insert in the corporation’s by laws the arbitration as the mechanism to solve disputes, an intense debate among jurists began on the binding effect of such arbitration clause.

NOV
25
2011

Representing the American Client

Gregory S. Barnett

American clients want foreign lawyers who are fluent in English, communicate effectively, and provide client focused service.

OCT
20
2011

Recent tax measures provide opportunities for multinational companies

Joaquim Manhães Moreira, Ricardo Ciconelo, Daniel Takaki and Lucas Kurtz

The recent developments in Brazil´s mining and oil industry, the preparations for international sporting events and the increased consumer demand have prompted the Brazilian government to enact new tax measures.

OCT
14
2011

Economic and social analyses of cybercrimes

Coriolano de Almeira Camargo and Renato Leite Monteiro

This article exposes an analyses on economic and social incentives considered by perpetrators of cybercrimes, and it concludes for the necessity of cooperation among the different sectors of the society aiming at diminishing such stimulus.

OCT
7
2011

Privatization of Brazilian Airports

Daniel Takaki and Lucas R. Kurtz

On July 22, 2011, through Brazilian Decree 7.531/11, Brazil´s National Council of Privatization announced their approval to transfer the management of several airports. We now expect that the administration of Cumbica (Sao Paulo), Viracopos (Campinas) and Juscelino Kubitschek (Brasília) airports will be transferred to the private sector in 2012. The Brazilian government´s intention to privatize these airports demonstrates their effort to improve infrastructure prior to the 2014 World Cup and 2016 Olympics.

SEP
30
2011

Restrictions upon the acquisition of rural property by foreigners. We just do not understand why

Marcelo José Lomba Valença and Thiago Ferreira Magalhães

Since 1971, a law has existed that restricts the acquisition of rural properties by foreigners. Any foreigner who is a private individual with a tourist visa and who wants to buy a rural property in Brazil, even if such foreigner is enrolled at the Brazilian Tax Payers´ Registry for Private Individuals (CPF), is subject to restrictions.

SEP
14
2011

Regulations governing ´Built to Suit´ leases

Marcelo José Lomba Valença

Leasing under a built to suit model is a real estate investment variant where supply precedes demand. The consumer of the real estate space (the tenant, in this case), commissions the real estate investor (the landlord, in this case) to provide a business unit at the location of the tenant´s choice and according to the project that the tenant, and consumer of the real estate space, prepared.

MAY
6
2011

Consortium Regulation in Brazil

Mychèlle Fortunato

The consortium is a structure which arose from the need for grouping legal entities for the purpose of pursuing activities of common interest, by joining efforts and resources to perform a specific enterprise which would exceed the individual competence of each member of the consortium, without thereby creating a new corporate entity.

APR
6
2011

Compelling evidence in the U.S. in aid of a non-U.S. proceeding

Eric S. Waldman

Lawyers in Brazil and abroad are often confronted with a practical and often frustrating discovery issue: How does one obtain documents or information for use in a non-U.S. proceeding if it is located solely in the United States.

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