March 2016 Issue

Financier Worldwide Magazine

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The disruptive influence of FinTech

The financial services industry has endured a tumultuous decade, with the financial crisis and subsequent fallout taking their toll. Financial institutions are facing increased regulatory scrutiny among a number of other...



Records fall: reflecting on the 2015 M&A scene

With 2016 now firmly upon us and 2015 consigned to the realm of history, it’s natural to look back and reflect on the year gone by – the trends, developments, successes and failures. Certainly, as far as global...

Private equity and the English Premier League

Traditionally, English football clubs were owned and operated by local businessmen. For more than 100 years they were deeply rooted within, and accountable to, their local communities. But times have moved on. Indeed, the...

Virtual reality, real money

Virtual reality (VR) has been in the public consciousness since at least the 1980s. Science fiction films and television shows, as well as technology evangelist, have often predicted the rise and eventual ubiquity of virtual reality...

Africa: the continent where the corrupt roam free?

Bribery and corruption are words often used in an African context, as if such activities were the sole preserve of that particular continent; a blatantly unfair association for sure given the murky goings-on in other regions of the world...

Complying with European data protection harmony

Like it or not, today we live in an age of data, one of the consequences of which is a raft of rules and regulations purportedly designed to assist global firms as they go about the business of doing business. Yet some legislation can prove...




Sanctions compliance & enforcement

THE PANELLISTS: Kerry B. Contini, Baker & McKenzie LLP; Beth Pride, BPE Global; Megan Gajewski Barnhill, Bryan Cave LLP; Adam M. Smith, Gibson, Dunn & Crutcher LLP; Adrian Mebane, The Hershey Company; Renato Antonini, Jones Day LLP; and Konstantinos Katsoulis, PerkinElmer.

The sanctions compliance and enforcement landscape over the past few years has been dominated by issues surrounding the imposition of multilateral sanctions against Russia and Crimea, as well as the longstanding trade...



Insurance coverage

One legacy of the financial crisis is a better appreciation of risk among global companies. Shareholders, regulators and other interested parties continue to quiz corporate boards on their risk management practices...

FORUM: Resolving insurance disputes

FW moderates a discussion on resolving insurance disputes between Cathy Hawkins at BLM, Chris Chapman at Freshfields Bruckhaus Deringer LLP, Stephen King at Mills & Reeve LLP, Nicholas Bradley at Pinsent Masons LLP, and Colin Peck at Weightmans LLP.

All change for UK insurance law

CMS Cameron McKenna LLP August 2016 will see the most important changes to UK insurance law for over 100 years with the coming into force of the Insurance Act 2015. The Act introduces key changes to the duty of disclosure in commercial insurance contracts...

Insuring reps & warranties risks in M&A transactions

Allied World Insurance Company In recent years, representations and warranties (R&W) insurance has become a much more common feature of mergers and acquisitions transactions, driven in large part by private equity firms and other ‘repeat customers’. R&W...

Captive insurance companies: an alternative risk transfer vehicle

Arent Fox LLP Any commercial organisation that is large enough to utilise a holding company structure for its subsidiaries and operations should seriously consider creating and utilising an alternative risk transfer (ART) vehicle or structure for its...

Trending risk transfer techniques challenge legal conventions

Kramer Levin The use of captive and other non-traditional insurers to manage risks may pose challenges to accepted legal doctrines and conventions. Below we focus on some evolving aspects of risk transfer that warrant caution for...

Board governance must include cyber security risk management and insurance strategy

King & Spalding Cyber security has become a core governance issue for boards as company after company has been rocked by cyber security incidents. Board members have fiduciary duties, which generally require them to monitor...

Securing insurance for the ‘Internet of Things’

K&L Gates LLP Internet connected, data generating items are increasingly integrated into every aspect of daily life. It is commonly accepted that the amount of data we generate will increase tenfold every five years, and more and more consumer and...

Yates Memorandum: impact of new rules for manager liability in the US on D&O insurance in Germany

Hendricks Rechtsanwälte In the motherland of D&O insurance, the US Department of Justice (DOJ) has proclaimed to make short shrift with managers. This makes an adjustment of current D&O insurance protection necessary. As for German managers’...

Energy claim trends

Allianz Global Corporate & Specialty (AGCS) Energy is a volatile business. The price of a barrel of oil – the herald of fat times or lean for the industry – reached a sky-high $100 a barrel early last year only to slide into a mid-$30s hole by Christmas. Tension in the industry has...

Asbestos litigation reform momentum builds in US

Shook, Hardy & Bacon L.L.P. Asbestos litigation in the US is now over 40 years old, yet continues to cost defendant companies and insurers billions of dollars each year. The litigation marches on because asbestos use was so widespread, and because of the...

Insurance coverage and the Telephone Consumer Protection Act

Bryan Cave LLP The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of...



mergers & acquisitions

Johnson Controls to buy Tyco in $16.5bn inversion deal

Johnson Controls Inc and Tyco International Plc announced in late January that they had agreed to a $16.5bn merger, a deal which will see another historic US company ‘invert’ and redomicile in Ireland. According to a...

Suncor buys Canadian Oil Sands for $6.8bn

In an agreement which ends a public feud between two Calgary-based companies, Suncor Energy Inc. and Canadian Oil Sands (COS) Limited have announced that they will support a fresh offer made by Suncor to purchase all COS...

private equity & venture capital

Stonepeak infrastructure fund raises $3.5bn

Stonepeak Infrastructure Partners, a North America-focused private equity firm which specialises in infrastructure and middle market investments, has announced the completion of its fundraising for its second...

Private capital fundraising target rises to $946bn

Private capital fundraising has been on the increase for a number of years. 2015 was the fifth consecutive year of growth in total investments raised for private capital funds, which include private equity, debt, real estate...

bankruptcy & corporate restructuring

Going up in smoke – Arch Coal files for Chapter 11

In mid January, Arch Coal Inc became the latest US coal mining operation to file for Chapter 11 bankruptcy protection as the country’s energy tastes continue to shift toward natural gas. According to Arch’s bankruptcy filing...

Swift Energy Company files for Chapter 11 protection

Independent US-based oil and natural gas producer Swift Energy Company has announced that it has agreed to convert all senior notes to equity pursuant to the terms of a restructuring support programme – an agreement that will...



Singapore courts and legislature take pro-business approach to cross-border insolvencies

Providence Law Asia LLC Fears of a second serious financial crisis within a decade have galvanised the Singapore legislature and courts to coordinate their efforts in dealing with cross-border corporate failures. As one of the world’s most open...

The rise of private placements as an alternative source of funding: a time for innovation and growth

Reed Smith During 2015, the European market saw a weakening in performance across the large cap loan and bond markets as a consequence of ongoing macro concerns, choppy equity markets and oil price volatility. These market conditions

MiFID II will be very demanding – here’s how to avoid the pitfalls

Alpha Insight The new requirements under MiFID II threaten yet another set of regulations that banks will probably feel they have to answer with more technology. Just as they are coming to terms with the demands of the Basel Committee...

Europe’s new cyber security directive

Hogan Lovells In December 2015, after two years of negotiations, the European Parliament, the Council and the Commission agreed on the first cyber security directive for the European Union. The directive seeks to ensure a common level of...

Corporates in the firing line

Kingsley Napley The SFO has had a good start to the year. Its four-year bribery investigation into Smith & Ouzman concluded in January when the printing company was ordered to pay a financial penalty of £2.2m comprising a £1,316,799 fine...

Substantial easing of Iran sanctions alongside continued limitations and risks

Gibson, Dunn & Crutcher LLP On 16 January 2016, ‘Implementation Day’, the sanctions on Iran and Iranian entities were substantially eased. This day marks a major milestone set out in the Joint Comprehensive Plan of Action (JCPOA), the Iran nuclear...


Allianz Global Corporate & Specialty (AGCS)

Allied World Insurance Company

Alpha Insight

Arent Fox LLP

Baker & McKenzie LLP


BPE Global

Bryan Cave LLP

CMS Cameron McKenna LLP

Freshfields Bruckhaus Deringer LLP

Gibson, Dunn & Crutcher LLP

Hendricks Rechtsanwälte

Hogan Lovells

Jones Day LLP

K&L Gates LLP

King & Spalding

Kingsley Napley

Kramer Levin

Mills & Reeve LLP


Pinsent Masons LLP

Providence Law Asia LLC

Reed Smith

Shook, Hardy & Bacon L.L.P.

The Hershey Company

Weightmans LLP

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