Responsibilities of the WTO – Dispute Settlement

World Trade Organization  pic

World Trade Organization
Image: wto.org

A business lawyer with experience serving such international firms as Fujifilm, Claucio Mashimo most recently served as legal and regulatory affairs manager at Jequiti Cosmetics. Claucio Mashimo has undertaken postgraduate training in foreign trade and international business through Fundacao Getulio Vargas in Sao Paulo.

The body tasked with overseeing international trade norms, the World Trade Organization (WTO) carries out many essential economic responsibilities on behalf of its 164 member states. For instance, if a country believes that another country is violating international trade regulations, it can bring the noncompliant country before the WTO, which in turn adjudicates the dispute.

During these dispute settlement proceedings, WTO representatives act much like judges tasked with hearing-out experts in international trade as they interpret the prevailing rules and argue for one side or the other. Recent disputes appearing before the WTO include one brought by Colombia regarding imported alcohol from the European Union.

Like in many court systems, members of the WTO have the right to appeal the organization’s decisions. For example, Russia recently filed an appeal regarding a WTO ruling against its pork import regulations.

A Look at Brazil’s National Council for Self-Regulation in Advertising

Conselho Nacional de Autorregulamentacao Publicitaria (CONAR)

Conselho Nacional de Autorregulamentacao Publicitaria (CONAR)

 

Claucio Mashimo served as the legal and regulatory affairs manager for the Brazil-based Jequiti Cosmetics, where he prepared judicial deposits and analyzed annual budgets. During his time with the company, Claucio Mashimo also structured appeals in Conselho Nacional de Autorregulamentacao Publicitaria (CONAR), otherwise known as the National Council for Self-Regulation in Advertising.

A civil society organization, CONAR operates as the most crucial self-regulation entity in the Brazilian advertisement industry. Established in San Paulo in 1980, it focuses on preventing the release of misleading or offensive ads and campaigns, while defending the freedom of commercial expression. CONAR also fosters fair competition among advertisers and takes direction from a specific ethics code known as the Brazilian Code of Advertising Self-Regulation.

As a non-governmental organization, CONAR possesses no policing abilities and can neither issue refunds to offended customers nor imprison, fine, or take legal action against offenders. Instead, it focuses on the ethics involved in advertising and passes complaints through an ethics committee that makes recommendations for suspension and alterations.

Doctors of Joy’s Flagship Initiative – Besteirologistas Clowns Program

Besteirologistas Clowns Program pic

Besteirologistas Clowns Program
Image: doutoresdaalegria.org.br

A skilled commercial law and business professional in Brazil, Claucio Mashimo has over 15 years of experience in overseeing legal affairs for the cosmetics, film, and real estate industries. Claucio Mashimo also supports organizations such as Doctors of Joy in his spare time and made donations to the nonprofit in 2010. Doctors of Joy’s flagship initiative is the Besteirologistas Clowns Program.

The Besteirologistas Clowns Program brings joy to more than 1 million hospitalized children through visits from professional performance artists. Approximately 40 specially trained performance artists participate in the program by engaging children in play with the assistance of families and health professionals. Serving public hospitals throughout San Paulo, the program operates free of charge and takes place twice a week for six hours.

Doctors of Joy established the program in 1991 with the intention of establishing participating clown-doctors as members of a professional staff as opposed to visitors. NGO Doctors of Joy founder Wellington Nogueira introduced the concept and convinced hospital boards of the group’s implementation as a permanent task.

For more information on the Besteirologistas Clowns Program, visit www.doutoresdaalegria.org.br/nos-hospitais/palhacos-besteirologistas/hospitais-parceiros.

The International Master of Business Administration in English Program

Fundacao Instituto de Administracao pic

Fundacao Instituto de Administracao
Image: minhapos.com.br

Claucio Mashimo has more than 15 years of commercial law and corporate experience with a history of working in the consulting and litigation fields for civil, labor, real estate, and consumer law. Prior to the establishment of his career, Claucio Mashimo received his MBA from the Fundacao Instituto de Administracao (FIA) in Brazil. FIA offers several focus area options for those pursuing an MBA, including a full-time international MBA in English.

Designed to meet the expectations of multicultural executive groups from Europe, Asia, and Latin America, the English International MBA program features classes taught entirely in English. It presents a variant perspective of immersion in the business environment while increasing knowledge and equipping students with the tools to advance their international career. Furthermore, it provides students with an understanding of organizational competitiveness from an international context and utilizes a multicultural focus to encourage networking and the exchange of experiences among peers.

Students who qualify for enrollment include those with three or more years of professional experience and an advanced degree in any field. Applicants also must speak English and demonstrate an interest in pursuing a managerial career in an international context. The program will begin on March 15, 2017, and last 12 months with classes convening four days a week.

For additional information about this program and FIA’s other MBA programs, visit
www.us.fia.com.br/Educacao/MBA/.

Mitigating Legal Exposure in Consumer Goods Companies

 

Jequiti Cosmetics pic

Jequiti Cosmetics
Image: jequiti.com.br

A corporate lawyer for over 15 years, Claucio Mashimo has filled various legal and compliance leadership positions in top organizations. Most recently the legal and regulatory affairs manager of Jequiti Cosmetics, a Brazilian subsidiary of Silvio Santos Group, Claucio Mashimo was in charge of mitigating the company’s legal exposure.

For companies dealing in consumer goods, mitigating legal exposure is the very reason for the existence of in-house legal counsel. The legal team will have a lot on their plate in terms of pre-empting legal claims even before they happen. For this, they employ various strategies.

First, legal counsel considers the various claims made by the company in advertising or packaging whether actual or perceived, intentional or unintentional. Tracking these claims will help discover the products within the scope of complaints.

Once these claims have been established, the legal team analyzes the strength of substantiations under statutory and regulatory laws. It analyzes whether the product sold is identical to the one tested, whether the tests were done under required conditions, and whether testimonials are in line with regulatory requirements.

Legal teams also monitor regulatory and judicial advancements in consumer protection. New regulations reveal areas of interest for government authorities. Monitoring them can help companies steer clear of risky advertising or marketing.

In addition, legal teams prepare for product recalls. They review existing recall procedures and where necessary, develop new ones to ensure effective notice to distributors, retailers, and end-consumers when safety risks arise.

What Does Contract Due Diligence in Mergers and Acquisitions Entail?

Contract Due Diligence  pic

Contract Due Diligence
Image: forbes.com

Corporate lawyer Claucio Mashimo possesses years of experience in consumer, contract, and mergers and acquisitions law. Previously the legal and government affairs manager at Fujifilm Do Brasil Ltda, Claucio Mashimo was in charge of legal due diligence during acquisitions.

Contract due diligence is one of the essential tasks performed during mergers and acquisitions. During due diligence, an investigative process is conducted by the purchaser’s legal team. The purchaser’s team evaluates the contracts of the target company so as to know the risks, if any, it will face on acquiring them.

In practice, contract due diligence is aimed at uncovering three types of risks. First, the purchaser’s team looks to identify legal risks such as change of control provisions that affect the consummation of the transaction. In addition, they attempt to ascertain transaction risks such as contracts that necessitate notice to be given to the other contracting party before they are transferred. Finally, they determine existence of business risks such as non-compete restrictions that may restrict the acquirer or reduce the value of the target company.