JUL
15
2005

Pão de Açúcar: what about the minority shareholders?

Juliana Martines

The official letter published by the CVM (Brazilian SEC) on June 14, 2005 is very clear: the deal signed between Abílio Diniz and Casino Guichard Perrachon on May 3, 2005 requires the tag along.

MAY
9
2005

The newly consolidated brazilian foreign exchange market

Walter Douglas Stuber

At a special session of March 4, 2005, the Brazilian Monetary Council approved Resolution Nº 3265 that simplifies the exchange rules theretofore in force and are part of the broader effort of economic reforms aimed at boosting the Brazilian economic production.

MAY
4
2005

Directors of brazilian corporations: duties and responsibilities

Juliana Martines

The discussions brought by the “new” Civil Code, especially with regards to the Brazilian limited liability company, their directors and the consequent subjection of these to the ultra vires theory are covering up another important issue: the one related to the duties and responsibilities of the directors of the Brazilian corporations, regulated by the articles 145 to 160 of the Law 6.404/76, aka the Law of Corporations.

APR
13
2005

El derecho a vivir y morir con dignidad

Horacio Roitman

El caso de Terri ha vuelto a llamar la atención sobre los límites que el progreso tecnológico puede tener en la prolongación de la vida humana.

APR
6
2005

"Trusts" nos Financiamentos de Ativos

Mary Rose Brusewitz

O “trust” é um veículo bastante flexível e útil para companhias com grupos de ativos que querem administrar e/ou financiar. Entre as opções comuns para o financiamento de ativos como aviões, plataformas e navios, dentre outros grandes investimentos, os financiadores optam usar os fideicomissos (“trusts”) nas estruturas de “leasing” ou afretamento, e nos “project financings”. Segue abaixo um breve descritivo sobre os “trusts”.

APR
5
2005

Law and Behavioral Biology

Owen D. Jones and Timothy H. Goldsmith

Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior.

APR
1
2005

Unifying Family and Business through Corporate Governance Practices

Juliana Martines

Blood trust: is it enough to succeed in the corporate world? For many generations, owners of the most reputable corporate dynasties would think so. And many of them still do. Although trust is a powerful tool in which family-owned companies can rely on in order to trigger success, it has proven to be insufficient.

JAN
26
2005

Guarantee mechanisms to secure Public-Private Partnerships in Brazil

Andréa Arean Oncala

In light of the deficit in infrastructure and utility services in Brazil resulting, in big part, from the shortfall of public and private investments in key sectors of the economy, an increasing number of partnerships between the government and private entities have been considered as an alternative to promote the development of Brazil’s infrastructure sector and ensure the economic feasibility of projects, under which the private partner will be responsible for financing and operation, with guarantees by the government, who remains in the control over certain activities considered to be of public interest.

JAN
17
2005

Lawyers laid low by timesheets

Reena SenGupta

Lawyers have it all: glamour, prestige, money. They have the chance, in private practice, to be owner-managers of their businesses. They do intellectual, well-respected jobs in the commercial and civil worlds. So, why are lawyers so unhappy?

DEC
10
2004

Proper service of process essential in Brazil

John McNaughton

As many foreign parties ruefully come to learn, pleas for enforcement of foreign judgments before the Federal Supreme Court of Brazil are routinely denied, because the resident Brazilian defendant had not properly received service of process.

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