Ivan Tauil

Following months of discussion, and meeting the expectations of various industry segments, Brazil's House of Representatives passed Bill of Law No. 2,308/2023 on July 11, 2024. This legislation establishes the National Policy for Low-Carbon Hydrogen and is now awaiting presidential sanction. Once enacted, this new legal framework will provide greater predictability for investments in low-carbon hydrogen projects in Brazil, enabling progress in the energy transition. In addition to complementing the objectives of the National Energy Policy, it introduces innovative governance, planning, regulation, and fiscal and non-fiscal incentives. Here you find our client alert with a few insights on what may might expect us going forward, written with my fellow partners Marcos Ludwig and Andre Carvalho #veirano #energytransition #greenhydrogen #greencommodities https://lnkd.in/daZPK_eQ

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We are pleased to announce that our counsel, Ricardo Cacho, will speak at the Latin Lawyer and Global Investigations Review Live: Anti-Corruption and Investigations Brazil 2024, a key event discussing the challenges of corruption in Latin America. Ricardo will join the panel “Regional Crossroads in Combatting Corruption,” where he will address recent developments in the fight against corruption across the region. Together with other experts, he will discuss the impact of political shifts on legal reforms and how the landscape may evolve in the coming years. Learn more here: https://bit.ly/3YAcAut #VWySTeam #AntiCorruption #Investigations

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Companies that deal with large volumes of sensitive data may benefit from having insurance in place, to help address associated legal and regulatory headaches. Read what Cristiane Manzueto at Tauil & Chequer Advogados associado a Mayer Brown has to say about recent developments in our “INDEPTH FEATURE: Cyber Security & Risk Management 2024” report: https://lnkd.in/g95rGJQd #CYBERSECURITY #CYBERRISK

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Read on our Brazilian Competition Case Law & Trends report: • Petrobras gets CADE approval for new settlement and retains five refineries • CADE clarifies merger notification rules for investment funds • CADE debates new parameters to calculate gun jumping fines • CADE’s Tribunal blocks transaction in the drywall market • Tiremaker and resellers found not guilty in price-fixing investigation • CADE acknowledges the lawfulness of a joint negotiation agreement between competitors and suppliers in the construction market • CADE’s Tribunal reviews cease and desist agreements related to Operation Car Wash • CADE publishes new guidelines on vertical and conglomerate merger reviews and trustees’ activities • Updates in Commercial Defense • 9 trade defense measures will expire in the 2nd semester of 2024 Know more about each of the topics above at our website: https://lnkd.in/dahXsFBb

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InterCement Restructuring Plan Tension; J&J Questions Talc Committee. Read the daily bankruptcy briefing. https://lnkd.in/eNB7piQF #InterCement #Brazil #restructuring #bankruptcy $JNJ #talc #distress

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Brazil Enacts “Fuel of the Future” Law Brazil adopted a broad, progessive law last week (Law 14.993/2024) that sets up incentive programs for several different biofuels and the regulatory regimes for sustainable aviation fuel (SAF), biomethane, carbon capture, and biorefining. One of the first tangible results will be the change to Brazil’s ethanol/gasoline blend known as “flex fuel” – going from 18 – 27.5% ethanol to 22 – 35%. Biodiesel, blended with traditional diesel, would go up one percent a year starting next year and reach 20% by 2030. Some of the other highlights of the new law include: Biomethane Program The full name - National Program for Decarbonizing Natural Gas Producers and Importers and for Incentives for Biomethane – provides more of the details. The goal here is to produce fuel from the country’s vast agricultural wastes. The aim is to encourage research, production, marketing and the use of biomethane in Brazilian energy to decarbonize the natural gas sector. As part of the plan, the government would set a mandatory annual target for reducing GHG emissions in the natural gas market. These targets must be met by natural gas producers and importers, based on the inclusion of biomethane in natural gas consumption. To meet the target, natural gas producers and importers will be able to buy or use biomethane in their activities or puchase Biomethane Origin Guarantee Certificate (CGOB). The CGOB will be a traceability certificate based on the volume of biomethane produced and marketed by the biofuel producer, issued by an certifying agent accredited by the government, which attests to the characteristics of the production process and which must include at least the origin of the input for biomethane production and the production location. National Sustainable Aviation Fuel Program As of 2027, airline operators will need to reduce greenhouse gas emissions on domestic flights through the use of sustainable aviation fuel (SAF). The targets start at a 1% reduction and will gradually increase to 10% by 2037. National Green Diesel Program The National Energy Policy Council will set the minimum amount, in volume, of green diesel to be added to fossil diesel each year. Brazil-watchers know that the country has already proven itself capable of real innovation. In its history, it has taken its vast sugar-cane production and turned it into ethanol to mix with gasoline in its very successful “flex fuel” programs. It’s new plans seem equally ambitious. L*nk to new Law: https://lnkd.in/ggPAT2Bk #fuels #fuel #energy #energyindustry #methane #ghg #climatechange #cleanenergy #ethanol #energytransition #sustainability #sustainableairlinefuel #latinamerica #brazil #melonlatam

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The lack of incentives for companies to proactively self-report corruption cases in Brazil poses a significant challenge to corporate integrity and regulatory transparency. This was one of the pressing issues discussed at the Latin Lawyer & GIR Live: Anti-Corruption & Investigations Brazil conference, where industry experts examined barriers and opportunities in fostering a culture of compliance within the private sector.   Ana Maria Belotto, partner at Madruga BTW, emphasized that there is currently "little to no motivation for companies to be proactive when reporting potential corruption cases to the relevant Brazilian government bodies.” She explained that unlike in the United States, where companies have more flexibility to negotiate sanctions – including reductions based on inability to pay – Brazilian law offers limited room for negotiation.   Reflecting on the Office of the Comptroller General's (CGU) method for calculating fines, Belotto pointed out that these penalties vary very little depending on whether a company discloses issues before or after an administrative proceeding. Since the Lava Jato scandal, she noted, companies have largely negotiated leniency agreements only after accusations have already been made, as proactive self-disclosure remains under-incentivized. Ana joined Marcel Ribas, partner at Mattos Filho, on the panel. Ana’s participation highlights our firm’s commitment to guiding companies in building robust compliance frameworks and navigating Brazil’s complex regulatory environment.

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Brazil’s California: New Regulations on Producer Responsibility in Sao Paulo Brazil, like the United States, Mexico, Canada, and Argentina, is one of the big, federated republics in the Americas. Under its brand of federalism, the states in the country have the authority to issue environmental regulations that can be more stringent (but not less) than their national counterpart. Like the U.S., Brazil has some states that are more industrialized and advanced in regulatory matters than others. In the U.S., California has the reputation for setting the regulatory trends in environmental – and other things – that are followed by the federal authorities. For Brazil, their California would be Sao Paulo – the financial and industrial powerhouse – and those agencies would be the Secretary of the Environment (SMA) and its enforcement branch (CETESB). Sao Paulo state is a leader in “reverse logistics” – requiring producers, importers, distributors, and merchants of products to take responsibility for their end-of-life goods through management systems that provide for recycling or environmentally-appropriate disposal. The state has imposed this obligation through different mechanisms for several years now.   Sao Paulo’s mandatory producer take-back applies to many products and packaging: electric and electronic products, pesticides, batteries, foods, beverages, used lubricant oils, pharmaceuticals, among others. Several of these product categories are also subject to federal take-back requirements. Several years ago, Sao Paulo state took the progressive measure to give “teeth” to its mandatory take-back requirements for all those products by tying the need to present a ‘reverse logics’ plan to the facility’s environmental impact permit. Basically, if you could not provide that you as manufacturer, importer, distributor or merchant of covered products did not belong to a “reverse logistics” system in the state of Sao Paulo – well, your facility could not get or renew its environmental permit.  And other states have followed suit. The state just published a new rule that changes some of the provisions. Now, the state seeks to align better with the collection and management targets in the National jSolid Waste Policy (Federal Decree 11.043/2022). If you are active in Sao Paulo state, take note of the new rule, the new deadlines, and the new targets. Link to new rule: https://lnkd.in/gQ2_DDgq #electronics #WEEE #packaging #consumerproducts #lubricants #pharmaceuticals #extendedproducerresponsibility #circulareconomy #compliance #Brazil #latinamerica #melonlatam

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The Brazil Chapter of the NYSBA International Section goes to Demarest Advogados on May 23, 2024 at 5:00 (Brazil Time) for a practical panel discussion on enforceability of foreign judgements and asset recovery in the US. For more details, please see below.

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As anyone involved in Brazilian disputes will know, the accrual of interest and use of monetary correction on Brazilian claims has the capacity to significantly increase the claimed amount. The new Brazilian Federal law 14.905/2024, which will take effect by 1 September 2024, provides much awaited change and clarity on this.   In their latest briefing, Geoffrey Conlin, Bernardo de Senna and Marcelo Belluci of our Brazilian cooperation firm CAR - Costa, Albino & Rocha Sociedade de Advogados explain monetary correction, discuss key changes and the impact on litigants. To find out more about CAR, visit: https://lnkd.in/ettMh6Tg   #DisputeResolution #MonetaryCorrection #BrazilianDisputes #BrazilianFederalLaw #HFWLITIGATION

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New Speaker Announced | Raízen will join us in our 3rd Legal event in partnership with Mattos Filho Register here: https://bit.ly/3VIe4QC 🗓️ Date: Tuesday, Sep 10, 2024 🕣 Time: 8:00am to 12:00pm (CDT) 📍 Where: Hotel ZAZA - 5701 Main Street Houston, Texas, 77005, United States Fee: Complimentary Speakers: Evan Beckner, Raízen Paula Galhardo, Squire Patton Boggs / BRATECC André Chateaubriand, Mattos Filho Giovani Loss, Mattos Filho Leonardo Homsy, Mattos Filho Natalia De Santis, Mattos Filho Pablo Sorj, Mattos Filho Rafael de Filippis, Mattos Filho Thiago Moreira, Mattos Filho The event will explore Brazil's changing energy landscape from industry and legal perspectives. Speakers from the industry, Houston-based law firms, and Mattos Filho will discuss the current environment for both traditional and new energy sources and emerging trends. Topics include legal frameworks and government incentives for energy transition. Legal experts will address potential challenges, new policy implications, and best practices from past initiatives. This event is relevant for stakeholders navigating Brazil's energy transition, ensuring legal compliance, and seizing new opportunities. Event’s agenda: https://bit.ly/4bLjkc8 #BRATECC #Houston #TX #Legal #Law #EnergyTransition #Petroleum #Business #Mattosfilho #Lawfirm #Brazil #Brasil #partnership #government #challenges #policy #stakeholders #Opportunities

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I'm excited to share that Wilk Auslander is playing a key role in the recently filed InterCement case—a major bondholder litigation. The article below from this week's Wall Street Journal covers litigation we're managing related to the debt restructuring plans of Brazil's largest cement producer, InterCement. Proud to be part of such a talented team that’s dedicated to navigating complex legal challenges and driving impactful solutions for our clients. Read more about this pivotal case in the article below. #law #litigation #paralegal #teamwork #legalindustry

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Thank you to Luis Roux Azevedo, from Motta Fernandes Advogados, São Paulo, for discussing New Trends in Brazilian Insolvency at the 47th ABL Conference in Miami. Your insights on the evolving legal landscape in Brazil were invaluable. #ablconferencemiami #abl #allianceofbusinesslawyers #businesslawyers #legalnetworking #lawfirm #lawfirms #crossborderslawyers

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Brazil "REACH" and Legislative Procedure Covering foreign countries and their complex legislative and regulatory procedures is never easy - but always interesting. This past week I was collaborating on some research around open legislative questions regarding Brazil's REACH-inspired chemical management bill pending in the federal Senate. A thorny question came up about parliamentary process - and sent me digging into source documents, tapping smart local friends, and generally spending tons of time on what will essentially be a footnote somewhere. Did I regret it? Not one bit. My work is at the intersection of my expertise and my passion - law, environment, sustainability, international questions, and of course, Latin America. But knowing the languages and the culture, I am well suited to dig deep when needed to try to unwind complex questions or novel situations. I don't always get it right - but I allow myself the room to make mistakes and acknowledge and learn from them. It's not about always getting it right - to me, it's about the passionate pursuit of excellence full well knowing that it is not always attainable. As I tell all my clients, results are never guaranteed - but effort certainly is. As for Brazil "REACH," it's pending consideration by the Environment Committee in the Senate - and then moves for conclusive consideration by a third of three Senate committees. My bold prediction remains the same: Brazil "REACH" enacted in 2024. #melonlatam #latinamerica #law #statutoryinterpretation #legislative #parliamentaryprocess #internationallaw #chemical #REACH #TSCA #GHS #chemicalmanagement

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On McDermott Will & Emery’s first day in the Blue Zone of COP29, US Climate Envoy John Podesta said the fight against climate change will not stop under President-elect Donald Trump’s next term. In our latest piece, my colleague, Shah Jahan Khandokar, and I summarize Podesta’s key insights shared during day one of the conference. In brief: 1. “Although under Donald Trump’s leadership the US federal government placed climate-related actions on the back burner, efforts to prevent climate change remain a commitment in the US and will confidently continue,” Podesta said. 2. Trump has pledged to deregulate the energy sector and pull the United States from the Paris Agreement. However, Podesta said, “This is not the end of our fight for a cleaner, safer planet.” 3. Under US President Joe Biden, the Inflation Reduction Act of 2022 was passed, the largest downpayment on the green transition seen in US history. 4. “The fight is bigger than one election, one political cycle in one country,” said Podesta. COP29 represents a “critical opportunity to cement our progress.” 5. Among the US’s top goals for upcoming climate talks is securing mitigation plans for greenhouse gases other than CO2, such as methane. On November 12, the US will co-host a summit on the issue with China and COP29 host Azerbaijan. 6. According to Podesta, other major priorities will be reaching an agreement on the use of carbon trading and increasing ambition on clean energy deployment. 7. Another crucial component of the climate talks, Podesta said, will be ensuring small economies have access to climate finance from rich nations. 8. “COP29 is a crucial opportunity to solidify our progress and keep 1.5 degrees alive, accelerate progress in reducing all greenhouse gases, and perhaps most importantly, strengthen global cooperation in adaptation and climate finance,” said Podesta. “We are here to work, and we are committed to achieving a successful outcome at COP29.” 9. At the end of the first day, diplomats have greenlit key rules that govern the trade of “carbon credits,” breaking a yearslong deadlock over contentious carbon markets. It means a global “carbon market” can now been established, allowing richer nations to pay for projects in developing nations that reduce emissions and to meet their climate obligations. Initial projections estimate that this could be worth up to $250 billion of funding for projects in emerging and developing economies. https://lnkd.in/emRsiCqA

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For the international transactional lawyer, this change limiting the selection of Brazilian judicial forums will change the analysis undertaken in drafting cross border contracts. For example in situations involving a transaction between a US company and a Brazilian company, where one is forced to specify a Brazilian judicial forum because arbitration is not a viable option, the US company in the past often tried to mitigate the "home court" advantage of the Brazilian company by specifying a Brazilian forum different from that where the Brazilian company had its center of operations--a forum that in many instances may be recognized as more sophisticated and competent because of the sophistication of its business community. So for instance, where a US company is undertaking a transaction with a company based in Recife, the US company might require the dispute to be heard in São Paulo. With the new law, that may no longer be a viable option as an overworked court in the designated forum may try to clear its docket of any future dispute by relying on the new law to dismiss the action, even where the parties are both content on using the selected forum. At the very least, the parties selecting a forum should in the forum selection clause, specify why the selected forum has specific ties to the forum justifying its selection to try to withstand future actions based on the new law designed to alter that choice. As noted in the article, the change in law will also likely have an impact on arbitration clauses. For agreements where enforcement of an arbitration decision would require action in a Brazilian court (because, for example where the Brazilian party only has assets in Brazil), it has been common to specify arbitration on Brazilian soil--albeit in the English language using international rules. Enforcement of such arbitration decisions rendered on Brazilian soil in Brazilian courts did not require homologation (which has been abused by Brazilian parties trying to avoid enforcement), as would be the case for an arbitral decision not rendered on Brazilian soil. Now in those instances one has to take into account the requirements of the new law in designating the specific city where the arbitration should occur. The seat of arbitration can be determinative of what forum is to be used to litigate issues involving arbitral issues including enforcement of arbitral decisions.

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Tabet Advogados discusses Brazil's initiatives related to green hydrogen and biofuels. Across the Americas, we'll be hearing this month from RIELA members on an interesting aspect of the environmental law arena in their jurisdictions that is either a significant incentive toward or impediment to the energy transition.

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