MAGAZINE

April 2016 Issue

Financier Worldwide Magazine


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COVER STORY

Transformative forces impacting financial services

Without fear of contradiction, it’s fair to say that the financial services sector has a lot on its plate at present, with much to chew on in terms of the regulatory, technological, legislative and ethical pressures being exerted...

 

FEATURES

2016: a crucial year for merger control?

With global M&A activity hitting epic levels in recent times, surpassing $5 trillion in total deal value for the first time ever in 2015, the need for companies to be fully conversant with the myriad complexities involved in managing merger...

Japanese outbound M&A

2015 was a remarkable year for global mergers and acquisitions (M&A), with record valuations driving M&A activity forward. A slew of transactions later in the year saw 2015 go down as the biggest ever year for M&A activity...

How murky are ‘dark pools’?

The financial services sector has been no stranger to investigations and sanctions over the last decade. Seemingly not a month goes by without a major bank or financial institution agreeing to settle a case with customers, regulatory...

Innovation and collaboration: the forensic analysis of financial crime

Feared and reviled in equal measure, the scourge of financial crime is an ever-present threat for companies operating in today’s global and highly complex business environment. Moreover, although no single universal description as to what...

Corporate tax avoidance

Corporate tax has been a hot topic for a number of years. Companies, predominantly in the US, have been taking advantage of inversion deals to redomicile abroad in lower tax bracket nations, depriving their ‘home’ nation of considerable...

 

ROUNDTABLE

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Private equity

THE PANELLISTS: John Taylor, Herbert Smith Freehills LLP; Justin Abelow, Houlihan Lokey, Inc.; Alexandrine Armstrong-Cerfontaine, King & Wood Mallesons; Riccardo Casali, MinterEllison; Paul S. Scrivano, O’Melveny & Myers LLP; and Daniel S. Evans, Ropes & Gray LLP.

The private equity (PE) landscape over the past 12 to 18 months can best be described as resilient, with old trends continuing to play out. Increased specialisation by size, industry and strategy, as well as consolidation among large-cap...

 

SPECIAL REPORT

Managing risk

For financial institutions and the like, the management of the risk exposures they face – be it political, economical, regulatory or issues pertaining to cyber security issues – is of paramount importance. Indeed, numerous surveys...

FORUM: Use of Big Data and data analytics as part of a risk management strategy

FW moderates a discussion on the use of Big Data and data analytics as part of a risk management strategy between Paul Oughton at Advent IM, Michel de Goede at Alliander, Daniel Miessler at IoActive Inc, David Navetta at Norton Rose Fulbright US LLP, and Raj Kushwaha at Warburg Pincus LLC.

Effective board governance: the healthy tension between management and the board

RSM US LLP In this age of heightened risk, the need for effective governance has caused a dynamic shift in the role of the board of directors. Cyber security, rapid technological growth and a number of corporate scandals resulting from the financial...

Avoiding the patchwork problem: effective corporate social responsibility compliance integration

Foley Hoag LLP Implementation of corporate social responsibility (CSR) commitments is being increasingly recognised as an integral part of corporate efforts to prevent and mitigate legal and operational risks, and to gain and maintain the trust of key...

Control the controllable: lessons from farmers for corporate leaders

Solon Group, Inc. The phrase ‘risk management’ has become a mantra for enterprises large and small since 2008. Can risk be managed? We love to believe it can be identified and quantified and bucketed along with lots of other aspects of running a...

Managing reputation risk, a low-tech, high-touch, cross-functional process

Reputation Economy Advisors LLC Reputation risk is the largest, scariest and least manageable of all operational risks, by far. The fall of 2016 will mark the fifteenth anniversary of Enron, 15 years where negative reputation events have become commonplace in almost every...

Integrating security into broader risk management

ISACA It’s a fact that today’s businesses run on technology. The business applications we deploy help organisations be more efficient, help them service larger markets, and help business teams be more agile and move more quickly. More broadly...

The Big Data revolution

Advent IM You’ve heard about it in the news, no doubt seen an increasing number of people offering to ‘analyse’ it for you and you’re more than likely responsible for generating some of it; but what is Big Data and what should it mean for you and your...

Legal data domain: legal vs. the rest of the bank

D2 Legal Technology LLP Historically, in-house legal teams, IT – or reference data and system architects – and downstream consumers of data have existed in different worlds. The in-house legal role traditionally has been restricted to advisory guidance, both transactional...

The Telephone Consumer Protection Act in the financial sector – recent regulatory developments and practical compliance strategies

Hogan Lovells US LLP A bank texts a customer to notify him about a low balance. Then, despite its good-faith efforts to comply with the US Telephone Consumer Protection Act (TCPA), the bank receives a class action complaint alleging millions of dollars in...

Solvency II – pushing existing systems and processes harder is not enough for compliance

Tagetik UK In January 2016, Solvency II, the new insurance industry regulatory regime, established capital requirements and risk management standards designed to increase policyholder protection across the whole of the European Union...

Top supply chain accountability risk trends for 2016

Clark Hill PLC The Collins online dictionary defines the phrase “name and shame” as “to reveal the identity of a person or organization guilty of illegal or unacceptable behaviour in order to embarrass them into not repeating the offence”. This concept...

Identifying and managing hidden enterprise contract risk

Exari It is no secret that big financial institutions have been inundated by the regulatory penalties that have been levied since the financial collapse in 2008 and the passing into law of the Dodd-Frank Act. Unfortunately, these businesses can only...

The role of the trade compliance manager

TozziniFreire Advogados The increasing internationalisation of companies around the world, including inflows of foreign investment and the use of a global value chain, has elevated the importance of international trade activities. However, international trade operations...

 

DEALfront

mergers & acquisitions

Mylan to buy fellow drugmaker Meda for $7.2bn

Leading global pharmaceutical company, Mylan NV, has announced its acquisition of Swedish pharmaceutical firm Meda Aktiebolag in a cash-and-stock deal worth $7.2bn – a combination seen as a platform for sustainable, long-term...

HNA agrees to acquire Ingram Micro for $6bn

The Chinese national economy, once a powerhouse of global growth, has experienced a considerable slowdown in recent years. As domestic demand and growth has faltered, Chinese companies have begun to aggressively pursue overseas deals...

private equity & venture capital

Apollo acquires ADT for $6.9bn

In a transaction valued at $6.9bn, the ADT Corporation has entered into a definitive agreement to be acquired by Apollo Global Management LLC in an all cash transaction. As part of the agreement with Apollo, a leading global...

African PE deals slide in 2015 as fund raising grows

The global economic and geopolitical landscape has been in a state of flux over the last few years. The increasingly volatile global environment has negatively impacted economies and key industries worldwide, leading to job losses and corporate...

bankruptcy & corporate restructuring

Paragon Offshore files for Chapter 11 protection

Paragon Offshore plc has announced that it (and certain of its subsidiaries) has elected to commence proceedings under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court in the District of Delaware...

Noranda Aluminium files for Chapter 11 bankruptcy

Following a protracted effort to revive the company’s fortunes, on 8 February Noranda Aluminium Holding Corporation, and a number of subsidiary businesses, filed for Chapter 11 bankruptcy protection in the US. According...

 

SPOTlight

Blockchain – disrupting the future of banking and legal services?

CCG Legal Most people have heard of Bitcoin, the modern electronic currency that operates outside the traditional auspices of state control. However, few have heard of Blockchain, the technology which underpins Bitcoin, which has the potential to...

The intersection of bankruptcy and directors’ and officers’ liability insurance

Skarzynski Black LLC The legal issues arising from disputes over the extent of coverage for directors and officers (D&O) liability insurance can be complex and diverse. While there are many different D&O products, such insurance often covers: (i) non...

Policies accelerate investment shift towards renewable energy

Skadden, Arps, Slate, Meagher & Flom LLP A number of recent key developments illustrate that the policy momentum for renewable energy continues to grow, and that investors in the energy sector are making a significant shift from investments in fossil fuels to renewable energy. Starting...

Changes to Brazilian oil and gas industry regulations: better now than never

Veirano Advogados Brazil is facing one of the most difficult economic periods of the last few years, with the return of inflation, currency devaluation, an increase of public deficit and the downgrading of the country’s credit ratings by the S&P, Fitch and Moody’s...

Litigation funding – a progressive option for investors and corporations

Augusta Ventures Litigation funding is a dynamic, growing, worldwide industry, ripe for both investors and companies to explore and use to gain a competitive advantage. For investors, litigation funding provides an opportunity to bet on the outcome of commercial...



CONTRIBUTORS

Advent IM

Alliander

Augusta Ventures

CCG Legal

Clark Hill PLC

D2 Legal Technology LLP

Exari

Foley Hoag LLP

Herbert Smith Freehills LLP

Hogan Lovells US LLP

Houlihan Lokey, Inc.

IoActive Inc

ISACA

King & Wood Mallesons

MinterEllison

Norton Rose Fulbright US LLP

O’Melveny & Myers LLP

Reputation Economy Advisors LLC

Ropes & Gray LLP

RSM US LLP

Skadden, Arps, Slate, Meagher & Flom LLP

Skarzynski Black LLC

Solon Group, Inc.

Tagetik UK

TozziniFreire Advogados

Veirano Advogados

Warburg Pincus LLC 


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