Mega Tech Company: An Example of Our Expertise in Unfair Competition Disputes in the Tech Sector

The Asian technology company Mega exemplifies our track record with its importance in the technology sector, where we provide specialized legal services in unfair competition disputes. The case, involving mutual allegations of unfair competition between antivirus applications, is in a complex settlement phase, with amounts ranging from R$$0.00 to R$$74,000,000.00. The client is a […]

Distinguishing: Definition and Applicability

By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* When deciding on a specific procedural issue, the judge is obliged to provide a basis for his/her understanding, under penalty of the decision rendered being considered null and void. To substantiate this, he/she uses, among other legal grounds, the precedents established by the Superior Courts on the thesis debated in the specific case, which serve to […]

Non-attachability of property transferred in trust     

By: Vitor Ferrari and Ivan Kubala. After a unanimous decision, the 3rd Panel of the Superior Court of Justice ruled that a property given as a fiduciary guarantee cannot be seized, the seizure of which was requested in an action to enforce condominium expenses that were the responsibility of the fiduciary debtor. In other words, according to the Court’s understanding, the property given as a fiduciary guarantee […]

CPF – Document accepted for identification throughout Brazil, did you know that?

By: Vitor Ferrari and Ivan Kubala On January 11, 2023, Law 14,534/2023 was published in the Official Gazette of the Union, whose legal text, in addition to amending other legal provisions, established the registration number in the Individual Taxpayer Registry, the CPF, as “unique and sufficient for identifying the citizen in public service databases”. In addition, […]

The Institute of Disregard of Legal Personality    

By: Vitor Ferrari and Ivan Kubala In December 2022, President Jair Bolsonaro (PL) fully vetoed Bill 3,401/08, whose legal text provided for changes to the Institute of Disregard of Legal Personality, a procedure already provided for in the national legal system and through which it is temporarily removed, and only in exceptional cases, […]

Special business districts created in the interior of São Paulo.  

By: Vitor Ferrari and Ivan Kubala The Honorable Court of Justice of the State of São Paulo has officially created business and arbitration courts in large cities in the interior of the state, such as Sorocaba, São José do Rio Preto, Campinas and Ribeirão Preto. According to the Court of Justice itself, these courts will have jurisdiction to […]

SNIPER – New Credit Recovery system goes into operation.

By: Rafael Mello, Vitor Ferrari and Ivan Kubala In October 2022, the National System for Asset Investigation and Recovery (“SNIPER”) went into operation and can now be used in a wide range of legal proceedings, especially those aimed at asset recovery. SNIPER was developed by the National Council of Justice (“CNJ”) and aims to […]

Legal and Practical Aspects of Preliminary Injunctions

By: Vitor Antony Ferrari and Ivan Kubala Provided for in Law 11.101 (Business Recovery and Bankruptcy Law) and amended by Law 14.112/20, this measure consists of suspending executions so that the debtor can negotiate with its creditors, avoiding the filing of Judicial Recovery. In this procedure, it is necessary to present documents, and […]