After regulation of sanctions dosage, ANPD begins to apply penalties.
Por: Leonardo Neri Recentemente, o presidente da Autoridade Nacional de Proteção de Dados (“ANPD”), Waldemar Gonçalvez Ortunho Júnior, deu uma entrevista em que informou que a referida autoridade já possui oito processos administrativos em andamento. A título de conhecimento, no ano passado (2022), foi disponibilizado o Regulamento de Dosimetria e Aplicação de Sanções Administrativas, o […]
Judicial Recovery to gain time?
Por: Vitor Ferrari e Ivan Kubala Nos primeiros anos de vigência da Lei 11.101/05, cujo texto versa sobre o procedimento de recuperação judicial, pesquisas com de baixa credibilidade consolidaram a falácia de que pouquíssimas empresas conseguiam aprovar seu plano de recuperação judicial, e dessas, somente 1% sobrevivia ao procedimento e se reestruturava. Devido a tal […]
CVM Resolution No. 160
By: Antonio Mazzuco and Luiz Gustavo Doles The beginning of 2023 brought several new dynamics to the Brazilian capital market, especially when we talk about securities issuances, since CVM Resolution No. 160, of July 13, 2022, came into force on January 2, 2023, bringing innovations in the issuance […]
Need for Registration with the Commercial Board for granting RJ for rural producers.
By: Vitor Ferrari and Ivan Kubala As stipulated in the Brazilian legal system, the entrepreneur who wishes to obtain approval for the judicial recovery process for his company must, mandatorily, respect certain prerequisites, among which are: regularly exercising, up to the time of the request, his activities for at least 2 years; and be duly registered with the […]
Important information about CADE and an example of its performance in market competition
By: Leonardo Neri Administrative Council for Economic Defense “CADE”, what is this agency that has been gaining an ever-increasing space in the legal world? Initially, it is important to clarify that it is an agency that is responsible for investigating and deciding on possible anti-competitive conduct, understood as those conducts adopted by an economic agent that may cause […]
Cram Down
By: Vitor Ferrari and Ivan Kubala Created by American law and included in Chapter 11 of the USC, the Cram Down is an institution that grants the judge responsible for the judicial reorganization process the power to approve the judicial reorganization plan prepared by the debtor, even if some creditors oppose the proposed guidelines. Therefore, […]
Bad faith and due diligence
By: Antonio Mazzucco and Luiz Gustavo Doles When making any type of acquisition, the buyer must take precautions to avoid future disputes about the validity of the transaction. To this end, it is necessary to conduct a process of analyzing the documentation related to the object being purchased and the seller, […]
Judicial Recovery of Lojas Americanas and its Stakeholders
By: Vitor Ferrari and Ivan Kubala After a thorough accounting analysis of Lojas Americanas' economic indicators, the team of the company's then-new CEO, Sérgio Rial, discovered a fiscal deficit of approximately R$1.4 billion, a figure far greater than the company's total net worth, which is around R$1.4 billion. According to the […]
Means of negotiation in Judicial Recovery – Haircut
By: Vitor Ferrari and Ivan Kubala Upon having its judicial reorganization granted by the competent court, the Company Under Reorganization must submit its Judicial Reorganization Plan to the creditors authorized in the proceedings. This document will contain the means and tactics to be used by the debtor to ensure payment of debts during the proceedings, which may […]
Rights that must be respected by airlines with the shutdown of airports
By: Leonardo Neri The media during the week of December 19, 2022, was quite incisive regarding the news presented about the strike at airports. This is because, as we know, the month of December refers to festivities and vacations, that is, the strike ended up affecting countless people who ended up planning to spend […]