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2016 ExpertBriefing

New poison pills in mergers: the role of the Italian financial law

December 2016  |  MERGERS & ACQUISITIONS

Cugia Cuomo & Associati

More than a year ago, on 22 September 2015, prior to any official filing of the operation before the EU authorities, the Italian government approved the proposed merger deal between the country’s second and third largest mobile communications operators...

The Central Bank opens the Argentine derivatives market to foreign dealers

December 2016  |  BANKING & FINANCE

Marval, O’Farrell & Mairal

The Argentine Central Bank has introduced significant changes to the foreign exchange regulations of derivatives by eliminating the restriction on the execution of cross-border derivative transactions. In 2003, the Central Bank introduced foreign exchange...

MiFID II – the countdown continues

December 2016  |  FINANCE & INVESTMENT

Morgan Lewis

By 3 January 2018, MiFID II is set to form the legal framework governing the requirements applicable to investment firms, regulated markets, data reporting service providers, and third-country firms providing investment services or activities in...

Innovative approaches to cross-listings

December 2016  |  CAPITAL MARKETS

Seward & Kissel LLP

A cross-listing of shares occurs when an issuer lists its shares on stock exchanges in two or more countries with the goal that the shares traded on each exchange are fungible with the shares traded on the other exchanges. To effect a cross-listing...

What’s keeping CFOs up at night?

December 2016  |  ACCOUNTING & FINANCE

Tagetik UK

Fragmented and manual processes cause errors, errors cause stress and stress affects sleep. So, how can CFOs stay in control of their reporting process and at the same time meet their multiple stakeholders’ requirements with confidence...

Cyber risk and its enterprise implications

December 2016  |  RISK MANAGEMENT

TroyGould PC

The variety, permutations and forms of cyber incidents are constrained only by the limits of human imagination. For example, a hospital discovers that its patient records have been encrypted by an unknown hacker, thereby disabling its ability...

Compliance – a game of beating the system

December 2016  |  RISK MANAGEMENT

blue goose

There is a false and potentially dangerous assumption in the corporate sector, that risks can be managed by mandating employees to follow rules, standards and regulations – often, solely through compulsory e-learning. Regardless of the sector...

Chinese companies look to Canadian courts for help in fight against financial crimes

December 2016  |  FRAUD & CORRUPTION

Bennett Jones LLP

British Columbia courts are seeing a spike in the number of claims brought by Chinese companies attempting to seize local assets and realise Chinese judgments. These foreign companies are looking to British Columbia courts to help give teeth to...

The effect of Brazil’s anti-corruption probe on M&A transactions

November 2016  |  MERGERS & ACQUISITIONS

Veirano Advogados

As it has been widely reported, Brazil is in the midst of an extensive corruption probe that has already involved several politicians and executives. This probe – named Operação Lava Jato (literally, Operation Carwash) – initiated in 2009...

Nigeria’s insolvency law and arbitration – like oil and water?


Fidelis Oditah & Co.

Formal insolvency law procedures are usually collective and centralised, overriding certain pre-insolvency agreements in order to achieve laid down objectives for the benefit of all creditors. In contrast, arbitration favours privacy of...

Legal implications of expanded use of blockchain technology

November 2016  |  BANKING & FINANCE

Gibson, Dunn & Crutcher LLP

The use of digital currencies, like Bitcoin, is becoming widespread. To date, much of the focus on digital currencies has been directed at their potential to substitute for or complement fiat currencies, but the true innovation lies in their...

PSD 2: an Italian approach to new competition in FinTech services

November 2016  |  BANKING & FINANCE

Cugia Cuomo & Associati

On 28 July 2016, the Italian Parliament instructed the government to adopt and enact (within one year) the new EU electronic payment regulation set by the Payment Services Directive 2 (PSD 2). This may represent a once-in-a-lifetime opportunity to ensure...

Bank secrecy and the transfer of credits

November 2016|  BANKING & FINANCE

Uría Menéndez – Proença de Carvalho

Bank secrecy has its origin in the Portuguese Republic’s Constitution, which imposes effective protection against the abusive acquisition or use, contrary to human dignity, of information regarding individuals and their families, namely in...

Role and personal liability of supervisory board members in Germany

November 2016  |  RISK MANAGEMENT


Supervisory board members are facing increased liability risks which have been exacerbated in recent years. Most cases involving liability of the supervisory board relate to an alleged failure of the board in the financial market crisis or a lack of...

Financial sector and breaches: best practices for staying secure

November 2016  |  RISK MANAGEMENT

Ilex International

There is no doubt that hacks are on the rise, especially in the financial sector, which has become an increasingly attractive target. In recent years there has been a spate of attacks against banks, which have resulted in the theft of remarkable...

Injury in fact and the metaphysical risk of hacking in connected devices

November 2016  |  RISK MANAGEMENT


Last year, in Cahen vs. Toyota Motor Corporation, the US District Court for the Northern District of California dismissed a putative consumer class action that focused on the vulnerability of connected cars sold by several carmakers to hacking. The court...

Cyber risk: a real and present threat to UK business

November 2016  |  RISK MANAGEMENT

Stevens & Bolton LLP

It has happened again. In September Yahoo announced that at least 500 million of its accounts were hacked in 2014. It is believed to be the result of the actions of a state sponsored actor and the world’s biggest data theft to date. They are the latest...

Infrastructure concerns face aviation industry

November 2016  |  RISK MANAGEMENT

CLT 3 Consulting

Travel delays at airports throughout the US offer a glimpse of how challenging it is to maintain a streamlined – but safe – travel industry. Mobility is important to the economy and to enterprise. About two million passengers pass through 450...

Website COPPA compliance: it’s not kid stuff

November 2016  |  DATA PRIVACY

King & Spalding

Regulators are sharpening their focus on the Children’s Online Privacy Protection Act (COPPA), causing companies to consider whether tracking technologies improperly foray into the personal lives of children. New York Attorney General...

Third-party litigation funding in US enters mainstream, leading to calls for reform


Shook, Hardy & Bacon LLP

Third-party litigation funding in the US has entered the mainstream. Investor groups are pouring unprecedented sums of money into financing litigation in the world’s largest litigation market. In recent years, well-heeled investors...

Three keys to maintaining global workforce compliance

November 2016  |  LABOUR & EMPLOYMENT


Corporations around the globe continue to seek new growth opportunities for their firms. In today’s economically ‘flat world’, many companies are going outside their own borders to target new customers and build additional product and...

Procurement for staff: seeking a cost-effective model for your workforce needs

November 2016  |  LABOUR & EMPLOYMENT

Gibbs S3

Financial directors are programmed to seek the best price but without compromising value for money. It’s a numbers game: how much money is going out and what return on investment will it bring to the business? Where other executives...

Option agreements in private equity transactions in Italy

October 2016  |  PRIVATE EQUITY

Grimaldi Studio Legale

Put option agreements normally play a significant role in private equity transactions. In Italy, foreign investment funds frequently invest in companies and receive, as guarantee of their investment, put options at a fixed price, allowing them to put...

Floating charge and foreclosure agreements under Italian Law

October 2016|  BANKING & FINANCE


On 26 April 2016, the Italian government introduced a new reform to shorten the time to recover credit, by approving decree law no. 59 (the Decree, as converted into Law 119/2016 the Conversion Law), which entered into force on 3 May 2016...

Regulatory shockwaves threaten Silicon Valley – when private investments become public problems

October 2016  |  FINANCE & INVESTMENT

Proskauer Rose LLP

According to its website, the US Securities and Exchange Commission (SEC) has three fundamental goals. The first, protecting investors, is achieved by regulating the flow of accurate and complete investment information disclosure. The second...

Investing in real estate in Croatia – tricks and traps to avoid

October 2016  |  FINANCE & INVESTMENT

Vidan Law Office

With GDP growth of 1.6 percent in 2015 and 2.7 percent in the first quarter of 2016, following six consecutive years of declining economic activity, the Croatian economy appears to be growing. The real estate sector follows in these footsteps...

A Mexican approach to Latin American investment opportunities

October 2016  |  FINANCE & INVESTMENT

Gonzalez Calvillo, S.C.

The commercial exchange between Latin American countries and the United States and Europe is dominated by exporting raw materials and importing finished products. This and other weaknesses translate into volatility. The subprime mortgage...

Data protection in Russia: slide safely

October 2016  |  DATA PRIVACY

Hogan Lovells (CIS)

It has been a year since the data localisation law came into force in Russia on 1 September 2015 requiring data operators to localise the databases containing the personal data of Russian citizens. Since then, the Russian Data Protection...

Brazilian courts approve doctrine for examination of trademark conflicts


Dannemann Siemsen Advogados

In most jurisdictions, the ‘likelihood of confusion’ is one of the requirements for the finding of trademark infringement. But which factors should be analysed in order to determine whether or not there is ‘likelihood of confusion’ between two...

In the courts: 3D trademarks in Turkey - the case of the Absolut bottle



Lars Olsson Smith, known as the King of Vodka, began making Absolut vodka in 1879 using a revolutionary distillation method to remove all impurities for what he called “an absolutely pure vodka”. So began the journey of one of...

The preliminary draft of the civil liability reform in France


Jones Day

Following the French contract law reform of 11 February 2016, the second step of the French civil law modernisation has been launched. On 21 April 2016, the French Ministry of Justice published a preliminary draft of the civil liability reform... 

Insurance regulatory developments in Venezuela

October 2016  |  SECTOR ANALYSIS

Torres, Plaz & Araujo

During the last year, Venezuelan regulations regarding insurance and reinsurance matters have changed considerably. Since a few years ago, the insurance and reinsurance business in Venezuela had been regulated mainly by two laws...

Third-party litigation funding in insolvency


Redress Solutions

Third-party litigation funding – the funding of a claim by a third party in exchange for a share of the damages – is making significant in-roads in both domestic and international litigation. It is also increasingly used by insolvency practitioners (IPs)...

Brexit: Has it created a unique opportunity for alternative finance providers?

September 2016  |  BANKING & FINANCE

Reed Smith

The UK referendum result has caused uncertainty in the financial services industry, but could this be a time of opportunity for alternative capital providers? Alternative capital providers are generally non-bank lenders or intermediaries...

Margin reform tsunami and the tidal wave of documents

September 2016  |  FINANCE & INVESTMENT

D2 Legal Technology

At the time of writing, as the first deadline of September 2016 is imminent for the first wave of compliance to the new BCBS IOSCO requirements, organisations are still wrestling with the full implications of the biggest overhaul...

Director disputes: removing a director or chairman from the board


Chartered Institute of Legal Executives

Disputes between directors can be difficult to manage, particularly where the director in question is a shareholder. Businesses work because of the relationships between individuals, and when these relationships break down, problems can arise...

Potential of blockchain technology for financial auditing

September 2016  |  FINANCE & ACCOUNTING


The blockchain (BC) is rising to prominence for immutable data services. One area where it is obvious that this distributed ledger technology will have deep business impact, if it succeeds, is financial auditing. The BC is in its infancy and...

Building wealth from your intellectual property assets


gunnercooke LLP

You run a business – you are embroiled in the day to day activities: leads, sales, even staff; do you have time to consider the hidden gem – your intellectual property (IP)? Your IP could be as valuable as your plant, premises or stock...

The latest reform of trademark rules by the European Parliament



A recent reform was brought about by Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015, which aims to ensure coherence between the trademark laws of Member States (the ‘Directive’), as well as...

Europe’s General Data Protection Regulation from a cyber security perspective

September 2016  |  DATA PRIVACY

Osborne Clarke

The entry into force of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data...

Landmark admiralty judgment STX Mumbai establishes another legal weapon for suppliers of goods and services


Norton Rose Fulbright

The STX Mumbai [2015] SGCA 35, considered two novel points of law related to the doctrine of anticipatory breach of contract. The doctrine of anticipatory breach is a concept which allows a party to treat a contract as breached and...

What lies beneath

August 2016  |  PRIVATE EQUITY

Risk Advisory Group

As anyone involved in a private equity transaction knows, the process of buying or selling an asset involves detailed, complex and often lengthy due diligence. Whether it’s analysing the cash flows underpinning an asset, ensuring that...

Basic overview of in-court reorganisation in Mexico


Rivera Gaxiola, Carrasco y Kálloi, S.C.

The United Mexican States’ Ley de Concursos Mercantiles (LCM or Mexican Business Reorganisation Act) expressly recognises that it is “in public interest to preserve companies and to prevent a general default in payment from risking their failure...

Restructuring and bankruptcy law: boosting investors’ confidence in insolvency situations in the Dominican Republic


Headrick Rizik Alvarez & Fernández

The lack of efficient insolvency regulation constitutes a major challenge for developing economies. There appears to be a strong correlation between modern bankruptcy laws and economic growth, to the point where the likelihood of an...

AIFMD solutions

August 2016  |  FINANCE & INVESTMENT

Kaye Scholer LLP

This article considers the options for investment managers who wish to avoid authorisation under the Alternative Investment Managers Directive (AIFMD or Directive) as an AIFM and yet access EU investors. When used in this article...

Beyond the EU: reaching the emerging markets

August 2016  |  FINANCE & INVESTMENT

Falcon Group

Traditionally, the UK has relied on trade with other developed markets; in fact, nearly 50 percent of all UK exports go to the European Union. Of course, the recent Brexit referendum means this could all be about to change. While maintaining...

The economic weather report for the Netherlands: sunshine ahead

August 2016  |  CAPITAL MARKETS


Friday 10 June was more than a bright summer’s day in Amsterdam; it was also the date of the IPOs of ASR insurance company and the Basic-Fit chain of fitness clubs, increasing the total number of newcomers on the Euronext Amsterdam...

Anticorruption compliance and investigations in Argentina

August 2016  |  FRAUD & CORRUPTION

Marval O'Farrell Mairal

Recent developments show an embryonic enhancement of the fight against corruption in Argentina. Companies should follow these developments closely and adjust their compliance programmes and internal investigations protocols accordingly...

Increased transparency in international commercial arbitration


Kirkland & Ellis International LLP

Transparency in international arbitration is increasingly a hot topic. The past year has seen arbitral institutions taking greater steps to improve the transparency of the arbitral process, particularly as regards decisions made by the institutions...

Shape-shifting parties in arbitration: the view from the panel



During the pendency of arbitration proceedings, many circumstances could arise that would cause the representation of a party before the tribunal – or its appearance altogether – to be amended to adapt to new...

SICC releases its first decision


Shook Lin & Bok LLP

After just four months of deliberation, the Singapore International Commercial Court (SICC) handed down its eagerly anticipated inaugural decision on 12 May 2016: BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and...

How to squeeze extra value from a corporate finance deal


Benjamin Ball Associates

When someone has an accident at work, a first aider is called. He or she will have been trained to deal with minor emergencies. After all, being a first aider requires different skills to a day job. But, when management teams...

Takeover bids in Finland



Regulation concerning Finnish public takeovers consists of the rules regarding public takeovers under the Finnish Securities Markets Act (Securities Market Act), the regulations and guidelines issued by the Finnish Financial Supervisory...

Acquiring publicly held companies in Colombia


Gómez – Pinzón Zuleta Abogados

After considerable legal and political turmoil, in January 2016 the Colombian Ministry of Finance and Public Credit successfully sold to a subsidiary of the Canadian investment fund Brookfield Asset Management Inc its majority stake...

Mergers & acquisitions in Brazil – challenges and opportunities for buyers


Pinheiro Neto Advogados

The key drivers for M&A activity in Brazil are changing and will likely follow this new pattern for some time. After a long period of optimism within the country and its growing consumer market, as well as its commodities-based...

Foreign exchange – the uncertainties and its effects on M&A activity in Nigeria


Udo Udoma & Belo-Osagie

There has been some uncertainty regarding the Nigerian currency over the last 18 months and this has resulted in a reduction in the number of mergers & acquisitions (M&As) locally. Prior to this, Nigeria was a leading destination...

Israel: the rise of the FinTech hybrid

July 2016  |  BANKING & FINANCE

Yigal Arnon & Co.

Israel is globally known as the ‘startup nation’, a small country that has developed a rich ecosystem in which thousands of startup companies are creating new and innovative technologies. What it is less known for is its financial system...

Mini-bonds: a new opportunity for enterprises and professional investors in the Italian market


CP-DL Capolino Perlingieri & Leone

Mini-bonds are medium-long term debt instruments which were launched on the Italian market in 2012 in reaction to restraints in traditional bank financing and to provide small and medium-sized enterprises with an alternative...

How much cyber security is enough cyber security?


Borden Ladner Gervais

The question of how much cyber security is enough cyber security is as much legal as technical. In legal terms, the question is answered by considering the applicable ‘standard of care’. The standard draws the line between conduct...

Advice for insurers: put the decision before the data



We live in the age of Big Data. For insurers, the extent of data access now available through public reports, Google Earth or data mining is astonishingly helpful. If you are writing a policy for a property in a flood plain area...

The Nigerian Cybercrime Act 2015 and its implications for financial institutions and service providers


Fidelis Oditah & Co. 

Cyber crime can be defined as crimes in which a computer is the object of the crime or is used as a tool to commit an offense. Offenders may use computer technology to access personal or commercial information...

What the Brazilian authorities expect of an effective compliance programme

July 2016  |  FRAUD & CORRUPTION

TozziniFreire Advogados

Law n. 12,846/2013, known as the Brazilian Clean Company Act (BCCA), entered into force in early 2014 and is a landmark for the development of corporate compliance in the country and brings relevant incentives to...

E-disclosure at a crossroads


Epiq Systems

The volume of emerging technologies is increasing, as are the way those technologies are used in the financial sector. Business communications now reside in myriad electronic locations and on multiple devices, increasing...

Conflict of interest and right of defence of a legal entity


De Pedraza Abogados, S.L.P.

One of the main problems that may arise in criminal proceedings in which a legal entity or company is investigated or accused is the conflict of interest that can often exist between the individual and the legal entity when...

Time for utilities to let go of their century-old business model


Allegro Development

With so many disrupting factors, utility companies need to invest in technology that can mitigate the risks they face. The utilities sector is undergoing a period of changing market dynamics. Demand for renewables continues...

Corporate law reform in Ukraine unveiled

July 2016  |  COMPANY LAW


Since the declaration of its independence in 1991, Ukraine has been an attractive destination for investments. Ukrainian laws adopted in the 1990s were the first attempt to develop the national legal system, and to some...

Investing in Ukrainian banks



The Ukrainian economy has struggled over the last couple of years. Depreciation of the national currency, the annexation of the Crimean Peninsula, military conflict with Russian-led troops and the drop in prices in the external commodity markets have all adversely...

The Italian Insolvency Law reform project: a comprehensive overhaul, at long last?


Legance – Avvocati Associati

In recent years, the Italian Insolvency Law has been the subject of several reforms, all of them purporting to encourage economic growth, simplify the procedure for each insolvency proceeding and facilitate investments in financially distressed companies...

Elucidating supply chain finance

June 2016  |  BANKING & FINANCE

OPUS Advisory Services International Inc.

The use of supply chain finance (SCF) in both domestic and cross-border trade has grown exponentially over the past few years, helping to optimise the management of the working capital and liquidity invested in supply chain processes and transactions...

Creating collateral in Mexico

June 2016  |  BANKING & FINANCE

Gonzalez Calvillo, S.C. 

Over the last two decades, Mexico has tendered an important amount of financing projects that have required all types of collateral structures, requiring the market to adapt and create more innovative ways of securing financing. In this article we will examine...

The General Data Protection Regulation – the employers’ perspective


Norrbom Vinding

After more than four years of negotiations, the European Parliament formally adopted the General Data Protection Regulation (GDPR) on 14 April 2016. With effect from 25 May 2018, the GDPR will replace the 1995 Data Protection Directive as well as...

Are business method patents dead from a practical standpoint?


Sughrue Mion PLLC

Many start-ups and other businesses rely on patents to protect their innovations and inventive business practices. Although patents are often thought of as technological innovations, in the US, US Const., Art. I, § 8, cl. 8 states that “Congress shall have Power… To promote...

Are witness statements always a proper source of evidence?



It has become nearly normal in international arbitration that the tribunal gives, as a matter of course, a deadline to the parties to file witness statements. This directive is so firm that it is rare that any objection is raised. Even within the panel, the issue is frequently not...

E-discovery in international arbitrations: can it be a barrier to a cost-effective procedure?


GVM Advogados

E-discovery is a relevant topic in modern international arbitrations, since the use of electronic media has become common practice for the creation, storage and transmission of information. Indeed, the costs related to the production of electronically stored information...

An update on Canada’s LNG industry


Burnet, Duckworth & Palmer LLP

Canada, which ranks fifth in the world in terms of estimated shale gas reserves, is competing within the highly competitive global market for liquefied natural gas (LNG) with a number of other countries to build the infrastructure...

Integrating telecommunications, media and broadcasting in Singapore


Allen & Gledhill LLP

The second half of 2016 presents myriad possibilities for Singapore’s telecommunications, media and broadcasting sectors. For over a decade now, Singapore’s telecommunications sector has been regulated independently from its...

In compliance investigations, companies find that e-discovery technology delivers results and savings

May 2016  |  COMPANY LAW

Catalyst Repository Systems

No matter what steps a corporation takes to ensure legal compliance by its officers and employees, there is no fail-safe. Violations of anti-corruption laws and other regulatory schemes can still occur. When they do, a corporation faces...

The straightest path through M&A negotiation in Brazil


FELSBERG Advogados

There is no doubt that Brazil is going through a deep economic recession and political crisis, and this resulted in a significant reduction in the number of mergers and acquisition transactions in 2015. On the other hand, foreign investors pursued...

How financial services companies can accommodate flexible working

April 2016  |  BANKING & FINANCE


Flexible working has grown enormously over the last two to three years. Working out of coffee shops or from home was once viewed as a slight oddity, but now it is very much the norm in modern society. In fact, modern day employment...

Executive perspectives on top risks for 2016

April 2016  |  RISK MANAGEMENT


Volatility in equity markets, falling oil prices, global terrorism, escalating healthcare costs, uncertainties in political regimes in certain parts of the world, disruptive technological innovation, expanding regulation and oversight, shifts...

Steps to improve cyber resilience

April 2016  |  RISK MANAGEMENT

Minter Ellison

Cyber risk is front-of-mind for Australian organisations following a series of significant developments in the last two years. A number of recent high-profile data breaches, including Ashley Madison, David Jones and K-Mart, have raised awareness...

The challenge of risk management in a volatile security environment

April 2016  |  RISK MANAGEMENT

CLT 3 Consulting

From data to physical security, corporate risk management is changing daily. Market challenges require an agile, rapid business response to a wide range of security threats. Whether your business is local, national or global, you must take...

The law requires it, but customers demand it: cyber security and privacy are good business

April 2016  |  RISK MANAGEMENT

Barton LLP

The customer paradigm for financial services firms through the beginning of this century was: “How’s my money doing?” But now, in a development never remotely contemplated by business schools, investors large and small have...

New regulatory fines will impact upon the risk profile of organisations

April 2016  |  RISK MANAGEMENT

Shoosmiths LLP

The linking of fines to turnover is one of the most seismic changes to hit corporate offenders in a generation. The UK’s new Sentencing Council guidelines for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene...

Insurance as a hidden asset on the balance sheet

April 2016  |  RISK MANAGEMENT

TroyGould PC

Many companies purchase liability insurance as a part of the cost of doing business, but few executives or even in-house counsel understand the opportunities for coverage that may be unexpectedly available even under ordinary...

The legacy dilemma – can insurers upgrade to digital without losing their legacy investments?

April 2016  |  SECTOR ANALYSIS


The insurance industry has experienced a high growth rate over the last few years, and brought forth a vast range of new services and platforms to cater to the consumer. However, constantly changing trends and consumer habits are putting...

Distressed M&A in Brazil


FELSBERG Advogados

The slowdown in the Brazilian economy, together with the repeated scandals involving the infrastructure and oil & gas sectors, have brought about successive drops on São Paulo’s stock exchange and a sharp devaluation of the securities and...

India’s New Year resolution: welcoming investments and de-cluttering taxation


SKP Business Consulting LLP

While global economic growth remains sluggish, India has been witnessing impressive growth backed by strong domestic demand, ongoing policy reforms and low oil prices. According to the World Bank’s latest India Development Update, India...

From fragmented systems to unified CPM – preparing for today’s finance challenges

March 2016  |  BANKING & FINANCE

Tagetik UK

The finance function is undergoing massive change. Shifting business models, rising tax complexities, expanding global operations and evolving regulation are putting a strain on finance departments. Layer on the rise of Big Data and the growing...

The future of banking and how to remap it

March 2016  |  BANKING & FINANCE

Sinus Iridum

Most banks would admit familiarity with some or all of the following: (i) a large unwieldy mash-up of silo systems that may or may not talk to each other; (ii) complex, interacting business activities with unreliable reporting hierarchy... 

Financial regulation is dead, long live financial regulation

March 2016  |  BANKING & FINANCE

HEC Lausanne

In December 2015, the FCA announced that it was not going to pursue an inquiry into the culture of the banking sector. A series of critics have followed this announcement, arguing that the Treasury has pressured the FCA to adopt a softer...

The master key of success: professional management


Hergüner Bilgen Özeke

As with everything in the modern world, the key to success is relentlessly changing shape. In addition to setting up target oriented goals and making strategic investments in key markets, corporations must now satisfy the demanding working...

Choose your friends wisely: valuable lessons we have learned in Latin America

March 2016  |  FRAUD & CORRUPTION

Hunton & Williams LLP

Companies have a range of options when it comes to expansion in Latin America, from establishing their own ground-up operations or acquiring a target company (thereby retaining the most control), to partnering with distributors, licensors or...

The evolving standard in the US for injunctions in patent cases


Frommer Lawrence & Haug

In the US, the Court of Appeals for the Federal Circuit hears appeals in patent cases. Four Federal Circuit decisions in two patent cases involving smart phones and tablet computers that Apple filed against Samsung in April 2011 and February 2012 have...

Debt recovery briefs: please mind the gap


Fidelis Oditah & Co.

It is not uncommon for individuals and corporate entities to employ the services of lawyers in recovering debts. A common mode of payment for this professional service is for payment to be based on the amount of debt recovered. This form of...

Staying compliant as a global workforce

March 2016  |  LABOUR & EMPLOYMENT


Managing compliance on a global scale could prove to be the greatest challenge for HR and payroll professionals in 2016. In order to meet this challenge, businesses should aim to improve data management practices in partnership with a global...

Mergers and acquisitions – establishing a presence in Brazil

February 2016  |  MERGERS & ACQUISITIONS

Barretto Ferreira e Brancher - Sociedade de Advogados

Foreign investors may decide to enter the Brazilian market through an M&A transaction. M&A transactions may focus on the assets of a Brazilian company (certain specific assets, such as real property, trademarks, patents and equipment, or a group of necessary assets...

Legal risks of internet business

February 2016  |  RISK MANAGEMENT


We are all well acquainted with many of the commercial risks associated with an internet business – developing a successful product or service in an increasingly saturated technology marketplace, pricing it properly, utilising the best marketing and...

Cyber security measures

February 2016  |  RISK MANAGEMENT

Bivonas Law

The massive upsurge in the use of the internet in recent years has encouraged analysts to speculate on what this might mean for the next generation, or indeed for the next few years. One recent survey has predicted that by 2020 the number of internet...

Acquisition of assets in judicial reorganisation proceedings and anti-corruption law

February 2016  |  FRAUD & CORRUPTION


In 2015, Brazil faced a serious political and economic crisis. According to a survey conducted by the consulting firm Serasa Experian, the filings for judicial reorganisation proceedings in the country increased 46.7 percent between January and November...

The internet's contribution to the Brazilian democratic process

February 2016  |  DATA PRIVACY

Opice Blum, Bruno, Abrusio, Vainzof Advogados

The Federal Constitution of 1988 provides that “all power emanates from the people, who exercise it through their representatives”. Democracy is the representative governance model adopted by the country, earning effectiveness through universal suffrage...

Business and human rights

February 2016  |  LABOUR & EMPLOYMENT

Eversheds LLP

Global employment conditions are under increasing scrutiny. Allegations of modern slavery and trafficking, sweatshop factories, dangerous working conditions and child labour have been made against a wide range of companies, particularly among those...

Impact of the Trans-Pacific Partnership (TPP) agreement in the Mexican TMT sector

February 2016  |  SECTOR ANALYSIS

Santamarina y Steta SC

On 5 October 2015, an announcement was made indicating that the negotiations of the TPP had concluded and that the signatory countries would start their internal ratification processes for the validation and entry into force of the TPP. Mexico, through its...

UK FinTech: the 2016 landscape

February 2016  |  SECTOR ANALYSIS

Pillsbury Law

As 2015 has become 2016, we have found the success story of FinTech – that is technology and its application in financial services – still high on the agenda for the year ahead. This is undeniably good news for the UK given reports that the UK technology sector...

The latest reform to the Italian bankruptcy legislation


Legance – Avvocati Associati

Law no. 132 of 6 August 2015, which converted Law Decree No. 83 of 27 June 2015 (the so-called ‘anti credit crunch decree’), and came into effect on 21 August 2015, brought urgent and significant reforms to several areas of the Italian legal and judicial framework...

Islamic banking in Kenya: a case for a change in laws

January 2016 |  BANKING & FINANCE

Oraro & Company Advocates

There has been a steady growth in the Islamic finance industry in Kenya. The country currently has two fully fledged Islamic banks and several other conventional banks with Islamic windows offering Islamic banking products and services...

Credit vs private equity: what edge do secured lending funds bring to investment?

January 2016 |  FINANCE & INVESTMENT

Prestige Capital Management

It has been apparent for some time that many small and rural businesses such as farmers, and companies serving the farming sector in the UK, have been struggling. They have been facing the combined challenges of falling commodity prices, and high...

The growing role of institutional investors in infrastructure finance

January 2016 |  FINANCE & INVESTMENT

Norton Rose Fulbright LLP

The need for infrastructure investment around the globe far outstrips the funds available from banks – historically the only organisations able to fund new infrastructure without direct recourse to the balance sheets of governments or major...

Impact of the amended Transparency Directive on position reporting for holdings in German shares

January 2016 |  CAPITAL MARKETS

King & Wood Mallesons

Five years after its entry into force, Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (Transparency Directive) was due for revision...

Changing role and liabilities of independent and non-executive directors – boon or bane?



Company law is the gamut of laws dealing with the incorporation, workings and winding up of a company. In India, the law relating to companies was governed by the Companies Act, 1956, which has been amended over 25 times since its enactment due to numerous...

The future is virtual for annual meetings



Just a few years ago, a virtual shareholder meeting (VSM) was thought of as a novelty, something only for tech-curious first adopters to try. However, increasing adoption in the US indicates that this virtual annual meeting approach is more than just a trend...

The selfless board: a legal assurance


Fidelis Oditah & Co.

Corporate governance is a broad term referring to the means by which a company is directed or controlled. It encompasses the different roles of all stakeholders in the company. Following the high profile collapse of many large corporations in the US and...

Recent EU judgments in privacy cause far reaching implications on online operations

January 2016 |  RISK MANAGEMENT

CMS Cameron McKenna

On 1 October 2015, the Court of Justice of the European Union (CJEU) delivered its judgment in the Weltimmo s.r.o. vs. NAIH case, and clarified how data protection law applies in cross-border situations within the EU. Five days later, the CJEU also delivered its...

Medical devices – another front for a more transparent market in Brazil

January 2016 |  RISK MANAGEMENT

KLA Advogados

Brazil has captured the attention of the international compliance community due to the major investigation conducted by national and international public authorities into the operations of Brazilian state-owned oil company Petrobras – the so-called ‘operation...

How to enhance your design registration rights in Brazil


Araripe & Associados

The ornamental plastic form of an object, or a set of lines and colours applied to the same, providing a new and original visual effect, is protectable as an industrial design according to the Brazilian Intellectual Property Law...

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