Resolving post-acquisition disputes

August 2014  |  COVER STORY

While acquirers and vendors may be tempted to breathe a sigh of relief once a deal is complete, the truth is that the real work has only just begun. The sale and purchase of a business is a complex undertaking, and for many reasons...

Hostile takeovers return

August 2014  |  FEATURE

M&A activity in recent years has undergone a number of different phases. The boom years of the pre-financial crisis era soon gave way to a prolonged period of relative stagnation, thanks to the lasting and damaging effects of the global...

PE finds gains in Spain

August 2014  |  FEATURE

For a number of years Spain has been an economic pariah in Europe. Its economy has fluctuated terribly, falling in and out of a damaging recession twice since 2008. In 2012, at the height of the country’s economic woes, Spain was also...

Alibaba leads Chinese IPO charge

August 2014  |  FEATURE

China’s relationship with IPOs has been a difficult one. In 2012 the country enacted a moratorium on companies filing for IPO as it attempted to carry out a reform of its markets. The ban was predicated on a regulatory guided pricing...

Risks facing directors & officers

August 2014  |  ROUNDTABLE

D&Os were traditionally shielded from personal liability for decisions taken in relation to the company, but a changing legal and regulatory environment means they can no longer hide behind the firm. Today’s D&Os face liabilities arising from...

Technology in business

August 2014  |  SPECIAL REPORT

Modern technological advances have reshaped the way businesses operate, creating new and efficient systems and processes. However, the trust firms place in modern technology leaves them constantly under threat from data loss...

Innovation, the European market and the new EU Trade Secrets Directive


Without warning, on 28 November 2013, the European Commission (EC) published a draft Trade Secrets Directive (the Directive). Although those in the know were aware the EC was looking at the problems created by a lack of consistent...

Top 10 steps when faced with a D&O insurance denial letter


A director or officer being sued or investigated for allegations of mismanagement is facing one of his or her worse nightmares. His reputation is at stake (often fuelled by a stream of adverse news articles in the local press) and...

Analysis of MiFID II

July 2014  |  TALKINGPOINT

FW moderates a discussion on MiFID II between Michael Thomas at Hogan Lovells, Kara Cauter at KPMG, and Marius Floca at RBS.

Managing cyber-security risks in M&A

July 2014  |  TALKINGPOINT

FW moderates a discussion on cyber-security risks in M&A between Adam Pang at Merrill DataSite, David Stanton at Pillsbury Winthrop Shaw Pittman LLP and Timothy J. Nagle at Reed Smith LLP.

Protecting trade secrets in the European Union

June 2014  |  TALKINGPOINT

FW moderates a discussion on protecting trade secrets in the European Union between Warren Wayne, Robert Williams and Simon Shooter at Bird & Bird.

Enhanced prudential standards for banks in the US

June 2014  |  TALKINGPOINT

FW moderates a discussion on enhanced prudential standards for banks in the US between Jeff Berman at Clifford Chance,  Robin Maxwell at  Linklaters and Brian D. Christiansen at Skadden, Arps, Slate, Meagher & Flom.

Corporate immigration in South Africa

August 2014  |  10QUESTIONS

FW speaks with Angelika Yakovchuk at WerthSchröderInc Attorneys, about corporate immigration in South Africa.

Corporate immigration in Mexico

August 2014  |  10QUESTIONS

FW speaks with Juan Carlos Aguilar Noble at Fragomen Mexico about developments in corporate immigration in Mexico.

Corporate immigration in Canada

July 2014  |  10QUESTIONS

FW speaks with Howard Greenberg at KPMG about corporate immigration in Canada.

Where next for the life settlement market?

May 2014  |  10QUESTIONS

FW speaks with Corwin Zass at Actuarial Risk Management, Ltd, about the future of the life settlement market.

Restructuring Russian companies in England 


Companies throughout Europe, North and South America and the Middle East are using English law to restructure in times of financial difficulties. English law provides more flexibility in the techniques used, and does not require the consent of all creditors. The process...

Will enforcement of US sanctions reshape how US-dollar transactions are cleared? 

September 2014  |  BANKING & FINANCE

Banking reforms in the wake of the 2008 global financial crisis have been singularly focused on preventing systemic risk in a market or across markets. Penalties for US sanctions violations that introduce that risk into the US-dollar clearing market would seem...

Your financial products and services are still patentable (maybe) – tips for procurement


Obtaining patent protection for financial products and services has never been more difficult. Such ‘business method patents’, which may cover data processing used in the practice, administration or management of a financial product or service, have been under...

EU data protection reform

September 2014  |  DATA PRIVACY

The current EU Directive 95/46/EC on data protection dates back to 1995. Each EU Member State has implemented and interpreted the EU 1995 Data Protection Directive differently into its national laws which has resulted in a patchwork of legislation across...

Avoiding successor liability in M&A transactions


Imagine a relatively straightforward transaction: an expanding company acquires an attractive target that promises lucrative access to customers in emerging markets. Among the target’s key assets are agreements with state-owned companies in those markets...

Outlook for global mid-market M&A – onwards and upwards?


With a number of the world’s major economies showing promising signs of an upturn, it is unsurprising to see mid-market M&A activity on the rise. Acquisitions are once again becoming an increasingly important strategy for companies looking to strengthen...

Parent company liability in Europe

August 2014  |  FRAUD & CORRUPTION

The potential liability faced by parent companies for competition infringements committed by their subsidiaries has recently come into focus following a decision by the European Commission to fine Goldman Sachs €37m for the behaviour of an investee company...

Cybersecurity: legal trends for a major business concern

August 2014  |  RISK MANAGEMENT

Even if this theme is not – yet – permanently all over the news, over the past few years, cybersecurity has gradually emerged as a major business concern. It is indeed now unfortunately becoming more and more frequent to hear about data thefts, ransom demands...

From the Archives

A selection of past content chosen by our editors

Q&A: Managing pension liabilities in bankruptcy situations


FW speaks with Richard Farr at BDO LLP, Linc Rogers at Blake, Cassels & Graydon LLP, James H.M. Sprayregen at Kirkland & Ellis LLP, and Richard Jones at Punter Southall, about managing pension liabilities in bankruptcy situations.

Decoding the formula for success in corporate M&A


In the heyday of M&A in the 2000s, serial acquirers began to have a certain swagger to their gait. They had helped turn M&A from an art into a science and raised the discipline to a formal one within corporations. Those leading multiple M&A transactions were making...

Corporate fraud

November 2013  |  FRAUD & CORRUPTION

Despite the best efforts of regulators and enforcement agencies, corporate fraud continues to flourish. In recent years, business and financial institutions have become acutely aware of the risk, particularly as a renewed focus on whistleblowing has expanded the toolset of...

The value of data assets in a US M&A deal: three key questions to ask


Data is a valuable asset in the information economy. Companies have only recently begun to unlock that value to capitalise on some of the biggest opportunities in the marketplace today, including cloud computing, big data and analytics, social networking, globalisation and ecommerce...

Developments in the real estate sector

January 2014  |  SECTOR ANALYSIS

Having emerged from the global recession and its aftermath, the real estate sector showed signs of recovery in 2013 and is expected to build on this momentum in the year ahead. The sector’s low-gear recovery has been boosted by a number of key trends. Private equity has shown...

Cyber security

January 2014  |  RISK MANAGEMENT

Reliance on information technology exposes companies to numerous risks, and all firms are vulnerable to the threat of cyber crime. In recent years, sophisticated targeted attacks such as spear fishing, social engineering and advanced persistent threats have become more widespread...

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