This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month.

At the Supreme Court

  • Out-of-State Plaintiffs in FLSA Collective Actions. On March 6, 2023, the U.S. Supreme Court denied a petition to review Fischer v. Federal Express Corp., 42 F.4th 366 (2022), an FLSA collective action in which the Third Circuit upheld the district court’s refusal to allow individuals who worked for the defendant outside the forum state to opt in to the lawsuit. In so doing, the Court declined to settle the circuit split on whether its decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773 (2017), a product liability action in which the Court limited the scope of federal court jurisdiction over out-of-state claims, applies to collective actions under the FLSA.

By Mark A. Flores via Littler News

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Partnering with a brand outside your industry can be a great, win-win way to create new value. But what does it take to select the right partner? The authors share new research suggesting that social media data can be a useful tool to identify high-potential brand partners, as well as to gain insight into both your own customer base and that of your competitors. Specifically, brands that share a high number of social media followers often go well together in consumers’ minds, increasing the chances of success if they choose to collaborate. Of course, this approach has its limitations, and must be complemented by a comprehensive analysis of the risks and benefits of a potential partnership. But when thoughtfully implemented, analysis of social media co-followership patterns can be a quick and inexpensive way to identify non-obvious alliances whose potential might otherwise be difficult to anticipate.

In 2014, Uber and Spotify launched an innovative cross-industry collaboration: Though ride sharing and music streaming may seem like unrelated businesses, the partnership — in which Uber riders could use Spotify to wirelessly control the music being played — benefited both brands, allowing them to cross-promote and access new markets without either party having to develop costly new technologies internally. Similarly creative examples of cross-category collaborations include Disney and MAC Cosmetics’ Aladdin makeup collection, IKEA and LEGO’s storage solutions for kids, and Red Bull and GoPro’s joint promotional campaigns.

By Pankhuri Malhotra, Siddhartha Bhattacharyya, and Mark C. Bolino via Harvard Business Review

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In this How to Do Business in the Americas podcast series episode, Littler Shareholders Courtney Wilson and Juan Carlos Varela discuss the practical implications of employment contracts in the Americas and their interaction with non-compete agreements and confidentiality clauses. In this podcast, Courtney gives the audience a summary of the common misconceptions employers have when structuring their employment agreements. Juan Carlos and Courtney then offer practical recommendations.

By Juan Carlos Varela and Courtney B. Wilson via Littler

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Finalmente, após semanas de adiamentos, o governo apresentou a proposta do novo arcabouço fiscal, que será enviado ao Congresso na próxima semana como um projeto de Lei Complementar (LC). A proposta foi apresentada na manhã de hoje em uma entrevista coletiva concedida pelos ministros da Fazenda, Fernando Haddad, e do Planejamento, Simone Tebet, no Ministério da Fazenda. A nova regra para as contas públicas vai substituir o teto de gastos, aprovado em dezembro de 2016 e que vinha valendo desde 2017.

O teto de gastos limitava a expansão das despesas públicas ao valor do ano anterior, corrigido pelo IPCA. Agora, o novo arcabouço fiscal terá pisos e tetos para o crescimento dos gastos. As despesas poderão crescer apenas 70% do avanço das receitas. Se essa regra for descumprida, o teto cai para 50% do crescimento. O objetivo das novas regras fiscais é permitir que o governo gaste mais com saúde, educação e segurança pública e possibilitar mais investimentos públicos sem descontrolar as contas.

A nova regra estabelece uma banda de flutuação para a meta do resultado primário (diferença entre despesas e receitas sem contar os juros. Essa banda vai funcionar como a meta de inflação, com um objetivo e limites de tolerância para mais e para menos. A primeira meta é de crescimento real da despesa primária entre 0,6% e 2,5% ao ano. Caso o resultado primário do governo fique acima do teto da banda, o excedente poderá ser utilizado para investimentos.

By Cláudio Gradilone via Forbes Brasil

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In the wake of the Brazilian National Data Protection Agency (ANPD) issuing further regulations1 on the determination of penalties for violations of the Data Protection Law (LGPD),2 on March 23, 2023 the ANPD launched a new webpage with the list of companies and government agencies currently under investigation in a punitive administrative process.

The list currently includes only eight entities: one private company and seven government agencies. The list includes their names, date the investigation started, the process number, current status, and a brief description of the alleged violations. The main alleged violations include:

  • Not complying with an ANPD request;
  • Lack of notice of data breach incident to data subjects; and
  • Lack of security measures.

By Renata Neeser via Littler News

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Os governos do Brasil e da China avançaram nas últimas semanas na negociação para que o comércio e os investimentos entre os dois países sejam feitos diretamente entre o real e o yuan (RMB) o que excluiria o dólar dos Estados Unidos como moeda de referência nas transações.

Reduzir a dependência do dólar, aumentando a circulação do yuan, é uma das linhas de atuação da política externa e financeira da China, num contexto de disputas comerciais e geopolíticas com os Estados Unidos. Recentemente, o governo do presidente Xi Jinping firmou acordos com Arábia Saudita e Rússia para o uso do yuan no comércio. O RMB tem cerca de 2% de participação nos pagamentos globais, em crescimento principalmente no entorno do gigante asiático.

No fim de janeiro, os bancos centrais dos dois países assinaram um memorando para estabelecer uma “clearing house” no Brasil. Na prática, trata-se de um banco escolhido pelo governo chinês – o ICBC – com liquidez na moeda chinesa para fazer a compensação das divisas diretamente. O empresário no Brasil receberia em yuan e faria, nesse mesmo banco, a troca pelo real.

By Estadão via Exame

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Our firm has featured in two important international legal publications in the last few days.

Mattos Filho received the main award at The Legal 500 Brazil Awards last week, being recognized as ‘Law Firm of the Year’. The awards are based on an assessment of law firm structure and the importance and complexity of the candidates’ cases.

We were also the firm with the highest number of recognized practice areas. Our Capital Markets practice was recognized in the ‘Capital Markets Law Firm of the Year’, ‘Deal of the Year’ (for Nubank’s IPO), and ‘Capital Markets Lawyer of the Year’ categories, while our Litigation and Arbitration practice also won the award for ‘Litigation Law Firm of the Year’.

Furthermore, we were ranked in nine different categories in the Chambers Brazil: Contentious 2023 guide, which recognizes the performance of the best firms and lawyers:

  • Bankruptcy/Restructuring
  • Competition/Antitrust
  • Compliance
  • Consumer Law
  • Dispute Resolution: Arbitration
  • Dispute Resolution: Litigation
  • Dispute Resolution: White-Collar Crime
  • Labour & Employment: The Elite
  • Tax: Litigation: The Elite

27 of our professionals appeared in the rankings, receiving a total of 29 recognitions.

We would like to thank both institutions for these recognitions, which reinforce our commitment to providing outstanding service and strengthening our strategic partnerships with clients.

Via Mattos Filho

Companies researching AI are “locked in an out-of-control race to develop and deploy ever more powerful digital minds that no one — not even their creators — can understand, predict, or reliably control,” the letter says.

A group of technology industry executives and academics have signed an open letter calling for at least a six-month pause on large, open experiments with artificial intelligence.

Companies researching AI are “locked in an out-of-control race to develop and deploy ever more powerful digital minds that no one — not even their creators — can understand, predict, or reliably control,” the letter reads. “If such a pause cannot be enacted quickly, governments should step in and institute a moratorium.”

The letter warns of potentially apocalyptic scenarios.

By Kevin Collier via NBC News

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Uma pesquisa do ManPowerGroup sobre escassez de talentos descobriu que 80% dos empregadores do Brasil encontram dificuldades para recrutar os funcionários que precisam em 2023. A taxa, que aumentou desde 2018, ficou estável em relação ao ano anterior e varia de acordo com a indústria.

Enquanto as empresas das áreas de bens de consumo e serviços e de finanças e imobiliário registraram a taxa de 82% de dificuldade de encontrar talentos, as indústrias de transporte, logística e automotiva, de serviços de comunicação e de assistência médica e ciências da vida divulgaram 81% de dificuldades para encontrar funcionários.

As habilidades mais procuradas
O estudo destacou as principais competências buscadas pelos empregadores brasileiros, com as habilidades humanas se destacando em uma era dominada pelo digital. Veja as 5 soft skills mais buscadas no Brasil:

Bia Gabriela Guido via Brasil Forbes

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Brazilian investment bank BTG Pactual set up an office in Riyadh , the capital of Saudi Arabia. The biggest investment bank in Latin America is the only one from Brazil with a presence in the largest Arab country in the Gulf region. It serves the six countries of the Gulf Cooperation Council (GCC); Saudi Arabia, the United Arab Emirates, Qatar, Oman, Kuwait, and Bahrain.

BTG Pactual partner and head of BTG Middle East , Mario Cavalieri, spoke about the bank’s activities in the region in a seminar at the Arab Brazilian Chamber of Commerce (ABCC) headquarters this Tuesday (28).“We set up an office in Riyadh to raise capital from [Saudi] Arabia and other GCC countries for investments in Latin America and attract Latin American investment to the Middle East,” said Cavalieri.

In addition, the bank carries out mergers and acquisitions in the region. The sectors attracting interest to Arab companies seeking to buy companies in Brazil and Latin America are animal protein, infrastructure, aviation, and hospitality , informed Cavalieri. On the other hand, the Arabs have sizeable operations in the energy sector, both in oil and gas and in renewable energies.

By Brazil-Arab News Agency (ANBA) via MENAFN

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Interessados em abrir espaço de pesquisa, por meio de laboratórios de estudo e de parcerias com instituições, o Lanaf (Laboratório Nacional de Agro-Fotônica), que pertence à Embrapa Instrumentação, unidade localizada em São Carlos (SP), reuniu na sexta (24), pela primeira vez, um grupo de pesquisadores para traçar o potencial das tecnologias quânticas no desenvolvimento do agro. As tecnologias quânticas estão presentes em diversos desenvolvimentos, como GPS, LED, câmeras digitais, computadores e laser.

“Precisamos ser o centro do mundo da ciência quântica aplicada ao agro, ter uma visão estratégica”, disse Paulo Nussenzveig, pró-reitor de pesquisa e inovação da USP (Universidade de São Paulo), durante o 1º Workshop de Tecnologias Quânticas no Agro. “Há uma nova revolução quântica em curso, que depende de um conhecimento profundo, temos uma comunidade acadêmica forte que domina esse conhecimento. É urgente um projeto de inovação a longo prazo no país”. O encontro teve por objetivo conectar universidades, instituições de pesquisa e a iniciativa privada em torno do tema.

By Redação via Forbes Brasil

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Creativity is vital for innovation, but many organizational leaders don’t know how to tap it among their employees. Instead, they shower them with meetings and whiteboard sessions that go nowhere. Instead, the authors recommend finding new ways to give your employees the time and space they need to generate new ideas. Their five strategies include generating lots of ideas (including bad ones), creating a space for failure, blocking off unscheduled calendar time, focusing on problem-finding, and delaying decisions.

For all the hype around innovation and creativity — one recent survey of 1,500 CEOs pegged creativity as the top skill for business leaders – these muscles remain some of the most underdeveloped in organizations. Even with the best innovation strategy in place, companies can’t develop new ideas and products until their teams become more creative. And the reason teams aren’t creative is because leaders have failed to understand how creativity really works.

By Jeremy Utley and Perry Klebahn via Harvard Business Review

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WEBINARS FOR THE WEEK OF MARCH 27

March 29

The NLRB Today: What Every Employer Should Know

After President Biden pledged to be the most union-friendly president the country had ever seen, and appointed two new board members and NLRB General Counsel Jennifer Abruzzo to that end, the NLRB began an aggressive pursuit of employers.
In this session, Littler’s traditional labor law professionals discuss the state of union organizing and what employers should be doing about it, major NLRB decisions issued, and precedents under consideration. Attendees will leave this session with a
deeper understanding of the current union environment and the impact of NLRB decisions. This training is beneficial for both nonunionized and unionized employers in a wide range of industries.

Additionally, Stephanie Zielinski, ComplianceHR Marketing Director, will discuss the benefits of having an updated employee handbook and introduce you to PolicySmart. This all-in-one employee handbook tool can help you simplify the complexity of employment law and make your compliance strategy proactive instead of reactive.

March 30

Pregnancy and Lactation in the Workplace: An Update on Laws Affecting Pregnant Workers

In December 2022, Congress enacted two measures that expand rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).

In this webinar, Mark Phillis and Jessica Craft will discuss the changes these new measures will bring to the workplace, from changes in accommodations to policies. This webinar will help you understand how these new laws impact employers, what steps you can take now to ensure compliance, and how to update your procedures before the upcoming enforcement deadlines.

Via Littler

Average potential global economic growth will slump to a three-decade low of 2.2% per year through 2030, ushering in a “lost decade” for the world’s economy, unless policymakers adopt ambitious initiatives to boost labor supply, productivity and investment, the World Bank warned on Monday.

Failure to reverse the expected broad-based slowdown in potential gross domestic product (GDP) growth would have profound implications for the world’s ability to tackle climate change and reduce poverty, it said in a new report.

But concerted efforts to boost investment in sustainable sectors, cut trade costs, leverage growth in services, and expand labor force participation could boost potential GDP growth by up to 0.7 percentage point to 2.9%, the report said.

By Andrea Shalal via Reuters

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Wed, Mar 29, 2023 9:00 AM BRT (8:00 AM ET)

Programação:

09:00 – 09:20 Abertura/Pesquisa inicial
09:20 – 09:40 Palestrante: Graziela Batista
09:40 – 10:00 Palestrante: Sarah Maia
10:00 – 10:10 Palestrante: Raquel Ramos
10:10 – 10:40 Palestrantes: Mariana Moraes/Christiano Santos
10:40 – 11:00 Perguntas e Respostas (Q&A)
11:00 – 11:15 Prova de Conhecimento/Encerramento

Speakers:

Raquel Ramos , PwC BR
Sarah Maia, PwC BR
Graziela Batista, PwC BR
Mariana Moraes, PwC BR
Christiano Santos, PwC BR
Kieran McManus, PwC BR

Citigroup Inc (C.N) CEO Jane Fraser on Wednesday expressed confidence in U.S. banks after a series of closures rattled investors and fueled turmoil in global financial markets.

“The banking system is pretty sound,” and large and regional banks are well-capitalized, Fraser told the Economic Club of Washington D.C. on Wednesday.

“This is not a credit crisis. This is a situation where it’s a few banks that have some problems, and it’s better to make sure that we nip that in the bud,” she said.

By Lananh Nguyen and Saeed Azhar via Reuters

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Many companies chase customers for online reviews by sending them solicitation emails. These emails aren’t always a good idea, according to new research. Solicitation will push your ratings from the extremes to the average. This could be good or bad. Email prompts disproportionally triggers moderate reviews as the passionate reviewers are more likely to leave reviews of their own accord. Thus, for those products with generally-high average ratings, reminders will lower the average rating. In contrast, products with generally-low average ratings might benefit from reminders. The exception is platform companies such as Amazon or Booking.com–they should always send out reminders as all that matters to them is volume. Also, the research found that companies that do solicit reviews don’t need to offer financial rewards–a reminder email is equally effective.

Online reviews have substantial value for businesses. Ninety-eight-percent of customers read reviews before they shop, making it one of the most important sources of information about products and services; for 2021, online reviews were predicted to affect $3.8 trillion revenues worldwide.

By Leif Brandes, David Godes, and Dina Mayzlin via Harvard Business Review

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Brazil’s central bank cited rising inflation expectations as it kept interest rates unchanged for the fifth consecutive policy meeting on Wednesday, drawing concern from the government and weakening bets of imminent monetary easing.

The bank’s rate-setting committee, known as Copom, maintained its Selic benchmark interest rate at 13.75%.

The decision, which defied intense pressure from the new government of President Luiz Inacio Lula da Silva to reduce borrowing costs, matched the expectations of all 30 respondents in a Reuters poll.

By Marcela Ayres via Reuters

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Stock markets around the world have bounced back after the US and UK governments again reassured markets about banks’ stability.

Investors have recently been unnerved by a string of bank failures.

But US stock markets were higher after Treasury Secretary Janet Yellen signalled the US government would protect people’s deposits if another bank collapsed.

In the UK, the FTSE closed 1.79% higher after gains in top bank shares.

UK reassurance

Meanwhile, in the UK Chancellor Jeremy Hunt told MPs that the UK’s financial system is “fundamentally strong” after facing questions from Labour’s shadow chancellor Rachel Reeves.

Ms Reeves asked whether the system is “adequate to protect taxpayers and depositors” and if the government can be confident that no other UK banks are vulnerable to failure after Silicon Valley Bank UK’s collapse.

Via BBC News

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U.S. Treasury Secretary Janet Yellen told bankers on Tuesday that she is prepared to intervene to protect depositors in smaller U.S. banks suffering deposit runs that threaten more contagion amid the worst financial system turmoil in more than a decade.

In a speech aimed at calming nerves rattled by two prominent bank failures this month, Yellen said that the U.S. banking system was stabilizing and steps taken to guarantee deposits in those institutions, showed a “resolute commitment” to ensure depositors’ savings and banks remain safe.

“The steps we took were not focused on aiding specific banks or classes of banks. Our intervention was necessary to protect the broader U.S. banking system,” Yellen told an American Bankers Association conference in Washington.

By David Lawder via Reuters

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Todo mundo vai precisar ter habilidades digitais, não importa a área. Elas aumentam – e muito – a sua chance de continuar empregado. Veja quais são

Mais de 80% dos diretores admitem que a falta de habilidades digitais tem impacto negativo sobre sua empresa. O dado é resultado de um estudo feito no ano passado pela AND Digital, empresa europeia de capacitação em digital skills com mais de 40 mil pessoas já treinadas em diversos países. O dado reforça que o desejo de lideranças em promover a transformação digital em suas companhias nem sempre vem acompanhado de mudanças no perfil profissional dos funcionários.

Ganhar habilidades digitais – isto é, ter competências técnicas que envolvem tecnologias para aplicar no cotidiano do trabalho –, significa acompanhar o ritmo das mudanças que vai mudar a cara das empresas nos próximos anos. “Com aceleradores e chips que estão sendo construídos, podemos ter sistemas de IA mil vezes mais poderosos do que são hoje até 2030. Não é exagero”, disse a futurista Amy Webb em sua palestra na conferência SXSW no início do mês.

By Gabriela Guido via Forbes Brasil

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The depth of innovation required to solve tough regional challenges, combined with Brazil’s high talent density, will increasingly create opportunities to invest in companies that aren’t just local winners, but global powerhouses.

“Brazil is not for beginners,” commented Bruno Balduccini, lead fintech partner of law firm Pinheiro Neto. The “Godfather of Fintech”, as he is known in the Brazilian venture ecosystem, was not referring to historical critiques of excessive bureaucracy that gave birth to this local expression. Rather, Balduccini was acknowledging the evolution of Brazil’s fintech ecosystem: the sophistication of the capital markets, the advances of its regulatory regime, and the companies that have transformed the financial services landscape, including Nubank (one of the most valuable challenger banks in the world).

Brazil is Latin America’s most developed ecosystem for technology-enabled financial services, and it’s hard to overstate the importance of Brazilian government bodies in boosting financial inclusion by promoting reforms across all areas of financial services. From the unbundling of the banking scheme that started in 2013—which allowed newcomers such as Creditas and Neon to apply for tiered licenses that are quicker and less costly than a full banking framework—Brazil is one of the leaders of the world when it comes to regulation-promoting financial services innovation. More than half of the country’s adult population, a staggering 64 million people, made their first digital payments transaction with PIX, Brazil’s instant payment system designed by the Central Bank. Moreover, more than 18 million accounts consent to share their data in the context of open finance, a 95 percent growth from September to December 2022. And after piloting projects last year, Brazil is in the advanced stages of launching its central bank digital currency, Real Digital, which aspires to leverage tokenization and smart contracts on the blockchain for enabling programmable money. For innovators, change means opportunity.

By Monica Brand EngelJonathan Whittle and Michel Zaidler via Observer

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The Brazilian government is studying whether to regulate Internet platforms with content that earns revenue such as advertising, its secretary for digital policies, Joao Brant, said on Friday.

The idea would be for a regulator to hold such platforms, not consumers, accountable for monetized content, Brant told Reuters.

Another goal is “to prevent the networks from being used for the dissemination and promotion of crimes and illegal content” especially after the riots by supporters of former far-right President Jair Bolsonaro in Brasilia in January, fueled by misinformation about the election he lost in October.

By Victor Pinheiro via Reuters

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Brazil’s President Luiz Inacio Lula da Silva will visit China this month accompanied by a delegation of 240 business representatives, including 90 from agriculture sector, a senior Foreign Ministry official said on Friday.

Trade promotion secretary Daniel Fernandes said at a press briefing that all the government’s ministries will be represented on the March 26-30 visit to Beijing and Shanghai.

The ministry’s Secretary for Asia, Pacific and Russia, Eduardo Saboia, said Brazil is hoping to diversify its trade relationship with China, the largest customer for Brazilian exports, mainly soy beans and iron ore.

By Anthony Boadle via Reuters

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B2B sellers often think of customers as rational decision-makers who seek to maximize value, reduce costs, and save time. But a study of 2,128 office workers across the United States, the United Kingdom, France, Germany, Spain, and Italy found that B2B customers prefer interactions that fuel their psychological needs — even if they require more time or cost more money. Viewing customer service through the prism of the three core psychological needs — autonomy, relatedness, and mastery — opens up a wealth of opportunities for elevating service

Researchers have long understood that all humans, regardless of gender, age, and culture, are fueled by three psychological needs: an ingrained desire for choice (autonomy), connection with others (relatedness), and experiences that grow their skills (mastery).

While the universality of psychological needs is well established, they have largely been ignored as a tool for growing consumer loyalty and reducing churn. Recently, my team at ignite80, in collaboration with the customer communication platform, Front, surveyed 2,128 office workers across the United States, the United Kingdom, France, Germany, Spain, and Italy whose role involved working with B2B companies.

By Ron Friedman via Harvard Business Review

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Markets in Europe and Asia rebounded Friday after First Republic Bank was rescued by a group of major US lenders, easing worries about the current banking turmoil.

“Some optimism has returned to markets over the last 24 hours, with bank stocks stabilizing on both sides of the Atlantic,” Deutsche Bank analysts said in a note Friday.

First Republic Bank (FRC) is set to receive a $30 billion lifeline from a group of America’s largest banks, including JPMorgan Chase (JPM), Bank of America (BAC), Wells Fargo (CBEAX), Citigroup (C) and Truist (TFC).

By  and , via CNN

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Brazil’s government will pay outstanding debts of 2.6 billion reais ($490.6 million) to multilateral organizations in 2023, reinforcing its commitment to global forums, the Planning Ministry said on Thursday.

The amount corresponds to debts to “various organizations” inherited from former President Jair Bolsonaro’s administration, which leftist President Luiz Inacio Lula da Silva will settle.

Lula has sought to restore Brazil’s international presence and reposition the country to attract investments, most notably resuming an active role in fighting climate change and addressing human rights.

By Marcela Ayres Editing by Chris Reese via Reuters

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O Itaú Unibanco estreou como a primeira marca brasileira a patrocinar oficialmente o South by Southwest (SXSW), evento de tecnologia e inovação que ocorre em Austin, no Texas, nesta semana. O apoio marca a criação da plataforma de inovação do banco que envolve a participação em outros eventos, inclusive no Brasil. O objetivo, segundo Renato Haramura, superintendente de Marketing Institucional do Itaú, é, em primeiro lugar, democratizar o acesso à inovação para empreendedores e todo o ecossistema do banco e, internamente, contribuir com conhecimento para as principais mudanças culturais, comportamentais e tecnológicas que a companhia vive atualmente.

“O Itaú vive um contexto de transformação que não envolve apenas a digitalização, mas também uma mudança refletida em suas marcas, o reposicionamento recente de Personalitté é um exemplo disso. São transformações que envolvem formato, investimento, cultura. Estamos falando de um contexto de 100 mil funcionários. E trazer para dentro dos nossos ecossistemas todas as provocações que ocorrem aqui no SXSW é um desafio, ao mesmo tempo que reflete a oportunidade e o momento que vivenciamos”, destaca Haramura. Sobre os próximos passos da presença do Itaú no festival, Haramura reforça que o objetivo, agora, é estimular o pensamento de inovação em toda a companhia e independentemente de áreas.

By Luiz Gustavo Pacete via Forbes Brasil

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As the pandemic marks a third anniversary, business leaders around the world are eager to move on. But few companies have systematically institutionalized what they’ve learned from their Covid-19 experience to build resilience. The authors suggest a three-step approach to do so: 1) Evaluate how you — and your competitors — performed during the pandemic; 2) Extract the stories of what worked and what didn’t through an after-action review; and 3) Implement the needed capabilities identified in the after-action review.

BCG research has found that 15% of companies outperform their industry in more than 80% of crises. Berkshire Hathaway, for example, outperformed its peers in 15 out of the last 17 turbulent periods.

by Martin Reeves, Robert van der Veeken, and Adam Job via Harvard Business Review

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An executive at Brazilian state development bank BNDES said on Tuesday the bank aims to pay out the equivalent of 2% of the country’s Gross Domestic Product (GDP) by 2026.

BNDES did not specify the exact figure. According to Brazil’s government statistics agency, the country’s 2022 GDP amounted to 9.9 trillion reais ($1.88 trillion).

Speaking at a news conference, BNDES planning executive Nelson Barbosa also said there is more credit supply to the bank coming from abroad and that this could unlock more credit for South America’s largest nation.

By Rodrigo Viga; Writing by Carolina Pulice; Editing by Sarah Morland via Reuters

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HSBC (HSBA.L) bought the UK arm of Silicon Valley Bank for a symbolic one pound on Monday, rescuing a key lender for technology start-ups in Britain, as the biggest bank collapse since the financial crash continued to roil markets.

The deal, which sees one of the world’s biggest banks, with $2.9 trillion of assets, take the doomed British arm of the tech lender under its wing, brought to an end frantic weekend talks between the government, regulators, and prospective buyers.

It came after U.S. authorities moved on Sunday to shore up deposits and try to stem any wider contagion from the sudden collapse of its parent Silicon Valley Bank (SIVB.O).

By Iain WIthers and William Schomberg

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Webinars for the weeks of March 13 & March 20

 

March 14

Conducting Effective Workplace Investigations


Conducting an effective workplace investigation can be a daunting task. It’s critical to maintain objectivity, uncover important facts, and follow compliance and confidentiality procedures. Despite their complex nature, these investigations continue to be increasingly important in today’s highly litigious workplace. Organizations must not only protect workers’ rights to proper investigation, but they must also show concern for workers’ wellbeing in the event of an accident. In this 60-minute webinar,
Rocio Blanco Garcia will walk you through a basic training on conducting effective workplace investigations.

Additionally, Stephanie Zielinski, Marketing Director of ComplianceHR will walk you through PolicySmart™. This all-in-one employee handbook tool can help you simplify the complexity of employment law and make your compliance strategy become proactive instead of reactive

March 15

Yet More Major New Changes in NY State and City Employment Law?!?


Littler’s New York office will review recent New York State and New York City employment law developments and identify the practical steps that businesses should take to maintain their employment compliance in 2023 and beyond. This discussion will cover multiple recent developments, including:

New Statutes

·        NYS additional protected categories under the NYS Human Rights Law

·        NYS pay transparency in job postings

·        NYS expanded lactation accommodation requirements

·        NYS new Lawful Absence Law

·        NYS regulation of work-related quotas for warehouse workers

Updates

·        NYC artificial intelligence enforcement

·        NYS expanded whistleblowers protection

·        NYS pay frequency litigation

·        NYS freelancers aren’t free

·        NYS Wage Transparency Law

·        NYS Adult Survivors Act

March 21

Where Have All the Workers Gone? – Tackling the Chronic Labor Shortage


In this webinar, Littler Shareholder Bruce Sarchet will discuss the scope of the current shortage of workers in the U.S., and

review some of the more popular options for attracting and retaining talent. Oftentimes, the more creative “bells and whistles” approaches to employee compensation and benefits come with a host of labor and employment law challenges. We will explore those challenges and discuss how human resources professionals, in-house legal counsel and business owners can implement solutions.

Additionally, Kimball Norup, CEO of ComplianceHR, will discuss the cultural and employee benefits of having a comprehensive
and up-to-date compliance strategy. He will also introduce you to the Navigator Suite of solutions, which can help you simplify the complexity of employment law and make your compliance strategy proactive instead of reactive.

March 22

Compliance Training Plus: Fresh Perspectives and Guidance on Compliance Training That Make Sense


Littler’s Training Group Principal Marissa Dragoo and Shareholder Demery Ryan will discuss the nuts and bolts of common workplace training challenges with Kantola Training Solutions’ CEO, Sarah Rowell.

This session will provide insights on training challenges and how to best address them, and will also provide attendees with a reminder and proposed game plans for addressing their many state and local jurisdiction compliance requirements, which now include Chicago’s new Bystander Intervention training.

Get an insider’s view on how to train hybrid workplaces, remote workplaces and multistate workplaces. This webinar will also provide techniques and advice for overcoming the challenges created by workplace operations, structure and dynamics,
including staff diversity from corporate employees, to manufacturing, traveling and even multilingual employees.

March 23

A Littler Virtual Roundtable | New York Retail Industry


Littler attorneys and in-house counsel from some of the nation’s top retailers present a highly engaging virtual roundtable discussion. This interactive forum will allow industry colleagues to share how businesses are handling current legal challenges. Participants will explore practical and out-of-the-box approaches to address challenges they have faced, sharing ideas and strategies that have proven successful.

Topics to be discussed at this roundtable include:

·        NLRB update including Board decision on severance agreements

·        Predictive scheduling laws

·        Pay transparency in job posting statutes

·        NYS legal updates including additional protected categories under NYS Human Rights Law, expanded lactation accommodation requirements, Lawful Absence Law, and enforcement of Artificial Intelligence Law

·        The worker protection unit/wage theft task force from DA Bragg

This roundtable discussion is designed for contacts within the retail industry.

 

O VBP (Valor Bruto da Produção Agropecuária) de 2023 está estimado em R$ 1,249 trilhão, valor 5 % maior do que o obtido no ano passado. O resultado é o maior de uma série com início há 34 anos. A revisão que ocorre mensalmente foi apresentada hoje (13), pelo Mapa (Ministério da Agricultura e Pecuária).

O VBP é calculado com base nas informações de safras de fevereiro,  é organizado pela Companhia Nacional de Abastecimento (Conab) e Instituto Brasileiro de Geografia e Estatística (IBGE). O valor das lavouras está previsto em R$ 887,7 bilhões (crescimento de 8,9%) e a pecuária, 361,9 bilhões (retração de 3,4%).

Preços acima da média de anos anteriores e expectativas de boa safra em 2023 trazem contribuição positiva para um grupo amplo de lavouras, com destaque para laranja, cana-de-açúcar, milho e soja. Milho e soja representam 62% do VBP das lavouras, e têm participação decisiva nesses resultados. Sua influência também têm sido importante na produtividade de grãos que está sendo prevista com acréscimo de 10%.

By Redação via Forbes Brasil

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A fintech de cartão de crédito corporativo, está entrando no mundo dos empréstimos para ajudar as startups prejudicadas pelo colapso

Enquanto as empresas que mantinham seu dinheiro no Silicon Valley Bank correm para encontrar soluções para a folha de pagamento desta semana, o CEO da Brex, Henrique Dubugras, passou os últimos dois dias no telefone para entrar no negócio de empréstimos, pelo menos temporariamente.

A fintech com sede em San Francisco anunciou no sábado (11) que já havia recebido mais de US$ 1 bilhão em pedidos de uma linha de crédito de emergência anunciada na sexta-feira (10).

Em uma entrevista, Dubugras disse à Forbes que a Brex ainda estava no processo de garantir os credores e definir as taxas, mas planejava fazê-lo até a segunda-feira. “Estamos aqui 24 horas por dia, 7 dias por semana, negociando as condições para começarmos a financiar”, disse ele.

By Alex Konrad via Forbes Brasil

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President Joe Biden on Monday underscored that the American banking system remains safe, laying out how his administration is taking action to contain Silicon Valley Bank’s collapse.

“Americans can rest assured that our banking system is safe. Your deposits are safe,” Biden said from the Roosevelt Room. “Let me also assure you we will not stop at this. We will do whatever is needed on top of all this.”

Biden used his speech – which was only announced Sunday night – to allay fears, directly explaining what he has instructed his administration to do to protect small businesses and workers in the wake of a regulator shutdowns of both Silicon Valley Bank and Signature Bank over the last few days. These actions include backstopping depositors’ funds, making sure taxpayers are not on the hook for these moves, holding those responsible accountable and declining to extend relief to investors of Silicon Valley Bank.

The president said affected customers can “rest assured” that they will have access to their money on Monday.

By By MJ Lee, Phil Mattingly, Maegan Vazquez and Allie Malloy via CNN

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Os serviços financeiros perdem cerca de US$ 700 bilhões (R$ 3,6 trilhões) por não atenderem às necessidades do público feminino

As fintechs lideradas por mulheres estão abrindo caminho para que outras mulheres em todo o mundo obtenham acesso a serviços financeiros, permitindo que elas assumam o controle de suas decisões relacionadas ao dinheiro e ao bem-estar com uma confiança inédita.

As mulheres são, historicamente, sub-representadas nas finanças. De acordo com a pesquisa realizada pela Oliver Wyman, os serviços financeiros tradicionais estão perdendo uma receita de pelo menos US$ 700 bilhões (R$ 3,6 bilhões) ao ano por não atenderem as necessidades das clientes do sexo feminino.

Desta forma, fundadoras de diversas origens e com diferentes experiências de vida são ideais para criar soluções projetadas especificamente para atender às necessidades das usuárias. Asssim, as iniciativas criam uma base de usuários do sexo feminino e ajudam a preencher as lacunas de igualdade de gênero.

By Nicole Casperson via Forbes Brasil

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Although the business community has made progress toward climate goals since the 2015 Paris Agreement, fewer than one-fifth of net-zero targets set by national and subnational governments and only a third of the largest public corporations with net-zero targets actually meet science-aligned criteria. Further, anti-climate lobbying has had a disastrous effect on the planet and cost years in meaningful action. Inaction is not an option. Businesses committed to being on the right side of history must advocate for policies, regulations, and laws to achieve economy-wide systemic change at the pace and scale required to achieve climate targets. Based on their cross-organizational work at three B Corps, the authors identified five critical elements for advocacy strategies that will help businesses use their power and influence to push for the system change required to meet climate targets.

“We had our chance to make incremental changes, but that time is over. Only a root-and-branch transformation of our economies and societies can save us from accelerating climate disaster,” said Inger Andersen, executive director of the UN Environment Programme (UNEP). The data is clear: Global emissions are going up. Voluntary pledges to prevent new fossil fuel projects and curb devastating practices such as mass deforestation are failing to prevent the destruction of nature and rising global inequality.

by Sophie Dembinski, Charmian Love, and Beth Thoren via Harvard Business Review

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The European Union is warming to the idea of concluding a major free trade deal with Brazil and its Mercosur neighbours, with “decisive progress” possible by July, a senior EU official and Sweden’s trade minister said on Friday.

The EU and the Mercosur bloc of Argentina, Brazil, Paraguay and Uruguay completed negotiations 2019 but the deal has been on hold due to concerns, particularly in France, about Amazon deforestation and Brazil’s commitment to climate change action.

The European Commission has proposed Mercosur accept clear sustainability commitments, on which European Commission Vice President Valdis Dombrovskis said it was already consulting EU members and lawmakers and Mercosur countries.

By Philip Blenkinsop via Reuters

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Delivering superior customer experience (CX) is a mandate that now extends well beyond the bounds of customer service, support, sales, or IT departments. It requires a cultural shift that emphasizes pervasive information sharing and intent analysis across the enterprise. Executives not fully immersed in CX leave their organizations open to churn and reduced market presence. Executives across all domains need to step up and lead their organizations’ CX efforts in order to survive.

Call it a sixth sense on the part of consumers. When connecting with a company to make a purchase or get a question answered — be it on a sales floor, over the phone, or online — one can intuitively sense the environment of that company. They can tell whether it’s an inspiring and innovative place to work and cares about its customers and community, or is a terrible place to work that doesn’t respect customers and has a stagnant corporate culture. Of course, there are cases where no intuition is even required, and the state of an organization’s corporate culture is obvious through encounters with seemingly apathetic employees lacking the right information, or through confusing online interfaces. This is the crux of the current state of customer experience, or CX.

CX has long been seen as the primary duty of customer service personnel, and, more recently, technology staff charged with designing well-functioning digital and virtual interfaces. However, missing from the equation have been higher-level executives and decision-makers who haven’t paid enough attention to CX efforts and have taken things for granted. A lot of leaders have never experienced how good (or bad) their company’s customer experience is, and they assume it is always good, or at least passable.

By Joe McKendrick and Andy Thurai via Harvard Business Review

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Brazil’s central bank announced the start of a digital currency pilot project on Monday, aiming to replicate the success of its instant payment system Pix to popularize financial services in the country.

According to Fabio Araujo, coordinator of the initiative at the bank, the public use of the digital currency should begin at the end of 2024, after the completion of the testing phase – which will include buying and selling of federal public bonds among individuals – and its subsequent evaluation.

Araujo said the “digital real” will be built as a means of payment executed on distributed ledger technology (DLT), to support the provision of retail financial services settled through tokenized deposits in institutions of the financial and payment systems in Brazil.

Reporting by Marcela Ayres; Editing by Leslie Adler via Reuters

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Brazil’s state-run oil firm Petrobras (PETR4.SA) and Norwegian energy provider Equinor (EQNR.OL) on Monday said they signed an agreement to evaluate development of seven wind projects offshore Brazil.

The proposed projects would deliver a combined capacity of 14.5 gigawatts of power if confirmed, Petrobras CEO Jean Paul Prates said at the CERAWeek energy conference in Houston.

The project could cost $70 billion if confirmed in its entirety, with production starting in six to 10 years. The study phase of the project will last until 2028, the companies said.

By Sabrina Valle via Reuters

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Brazil’s development bank plans to issue tax-free bonds to double credit operations to nearly $40 billion without the Treasury’s help, according to its planning and project structuring director.

Nelson Barbosa, who served as finance minister under Dilma Rousseff and has now joined the ranks of the bank known as BNDES, said the bonds will be linked to development projects in areas where the institution wants to invest, such as energy transition, innovation and infrastructure. They will also be available to individual investors, sweetened by the exemption of income tax.

“One of our goals is to restore BNDES’s historical size, which means doubling the size of the bank,” Barbosa said in an interview in his office in Brasilia. “Instead of the Treasury borrowing and transferring funds to BNDES, the bank itself will raise the money.”

By Martha Beck via Reuters

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Nearly 200 countries have agreed to a legally-binding “high seas treaty” to protect marine life in international waters, which cover around half of the planet’s surface, but have long been essentially lawless.

The agreement was signed on Saturday evening after two weeks of negotiations at the United Nations headquarters in New York ended in a mammoth final session of more than 36 hours – but it has been two decades in the making.

The treaty provides legal tools to establish and manage marine protected areas – sanctuaries to protect the ocean’s biodiversity. It also covers environmental assessments to evaluate the potential damage of commercial activities, such as deep sea mining, before they start and a pledge by signatories to share ocean resources.

By 

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O MileagePlus® é sua passagem para o mundo, com mais possibilidades de ganhar e usar milhas. Tenha à sua disposição mais destinos para viagens-prêmio do que qualquer outro programa de fidelidade de uma companhia aérea dos E.U.A.

Atualize seu perfil e tenha acesso aos benefícios do seu status MileagePlus:

• Nome completo (igual está no seu passaporte/bilhete emitido)
• Endereço completo com CEP
• Telefone para contato
• Data de nascimento
• E-mail
• Senha
• Perguntas de segurança (anotar as respostas e guardar em local seguro sempre)

ATUALIZAR AGORA

 

 

MileagePlus® is your ticket to the world, with the most ways to earn and use miles. Have at your disposal the most awarded destinations of any U.S. airline loyalty program.

Update your profile and get access to the benefits of your MileagePlus status:

• Full name (same as on your passport/issued ticket)
• Complete address with zip code
• Phone number
• Date of birth
• Email
• Password
• Security questions (keep them in a safe place always)

UPDATE NOW

Secretary of Commerce Gina Raimondo today announced the appointment of 12 U.S. CEOs who will serve in the U.S. Section of the U.S.-Brazil CEO Forum (Forum) during the 2023-2026 term. The newly-appointed members will coordinate, organize and plan the activities of the U.S. Section in preparation for the first in-person Forum meeting under the Biden-Harris Administration.

Additionally, Secretary Raimondo has appointed Mauro Gregorio, CEO of the Dow Silicones Corporation, to serve as the U.S. Section Private Sector Co-chair. In this role, Mr. Gregorio will organize members of the U.S. Section and coordinate with his Brazilian counterpart on Forum activities.

“The U.S. – Brazil CEO Forum is a critical vehicle in deepening our trade and investment relationship with Brazil, and I am proud to appoint these twelve United States CEOs from a cross-section of vital industries,” said Secretary Raimondo. “Their unmatched business knowledge and experience will be essential to advancing the objectives of the Forum.”

By U.S. Department of Commerce

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