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Articles

The Life Sciences Law Review - Brazil – 2014

By Mattos Muriel Kestener Advogados

The market for pharmaceutical products and medical devices in Brazil is definitely taking off. The Brazilian Public Health System (SUS) is continually increasing pharmaceutical assistance, as new drugs become available, as a result of the development of new public health policies. Read this chapter on Brazil to learn more.

Articles

Incident of Disregard of Legal Entity Under the New Brazilian Procedural Framework

By Fabio de Almeida Braga, Demarest Advogados

This article points out that in case the corporate purpose of the legal entity is distorted, deviating the company from its goal for acts deliberately performed by its members, officers and managers, or, further, if such individuals cause improperly a confusion between their own assets and legal entity’s, the abuse of corporate entity is acknowledged, with the legitimation of court intervention, establishing the effects on the private assets of members and officers, who become equally and jointly liable for company’s obligations.

Articles

Sales Agency X Promotion Services

By Claudio Mattos, Partner, Demarest Advogados

A review of changes to Brazil's Commercial Representation Law, specifically the introduction of the sales agency concept in Brazilian contractual relationships.

Articles

The Antitrust Review of the Americas

By Mattos Muriel Kestener Advogados

As we shall demonstrate in the first part of this chapter, there are many questions yet to be answered before private enforcement takes off in Brazil. Basic questions such as who, when, how and what may need to be clarified before plaintiffs feel comfortable initiating an extremely long and expensive recovery of damages. The second part of this chapter will report on the current status of the major private cases initiated in the past years. Finally, suggestions will be provided to address the lack of incentives to seek private antitrust enforcement in Brazil.

Articles

Arbitration and the Power Sector in Brazil

By Gilberto Giusti, José Roberto Oliva Junior, and Ricardo Dalmaso Marques of PinheiroNeto Advogados

A review of the use of arbitration in the Brazilian power sector in light of Law No. 10,847 and Law No. 10,848 of 15 March 2004.