MAGAZINE
April 2020 Issue
Financier Worldwide Magazine
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COVER STORY
A close affinity with environmental, social and governance (ESG) issues has rapidly become a core component of the M&A process in recent years. Indeed, ethical oversight can be the difference between a transaction’s success or failure. Evidencing the rapid uptick…
FEATURES
Real estate due diligence in M&A transactions
Most mergers or acquisitions, stock purchases or asset purchases will involve some real estate assets. In those instances where real estate is not the key driver of the transaction, the acquirer’s due diligence requirements may be less stringent. Nevertheless, it is prudent…
Identifying and combatting synthetic identity fraud in financial services
Synthetic identity fraud is nascent but increasingly common. According to McKinsey, it is the fastest-growing form of financial crime in the US. Furthermore, according to LexisNexis Risk Solutions, 61 percent of fraud losses for large banks stem from identity fraud…
An unannounced dawn raid can cause a business major disruption and may potentially trigger protracted proceedings, fines and arrests. Often, officers will arrive at premises early in the morning when the only people there to meet them are secretaries, security staff…
Strength of the righteous: integrity in the workplace
Integrity is a word that should ideally reside within everyone’s emotional vocabulary. In a workplace environment in particular, integrity is certainly a desirable quality, with effective interaction between staff members dependent on a high standard of professional…
Overcoming e-disclosure challenges in litigation
E-disclosure – the process of collecting, preserving, searching and analysing electronic documents to facilitate disclosure in litigation, regulatory investigations and internal reviews – is not the sole preserve of document-heavy, high-value litigation cases. Moreover…
ROUNDTABLE
THE PANELLISTS: Michael Mcilwrath, Baker Hughes; Rashda Rana, Kier Group; Rekha Rangachari, New York International Arbitration Center; Peter Rosher, Reed Smith LLP; and Michael Stepek, Winston & Strawn LLP.
Significant issues brewing in the international arbitration arena are now taking centre stage. Investor-state developments, cyber security and data protection, the growth of third-party funding, cross-border enforcement of judgments and mediated settlement…
SPECIAL REPORT
Infrastructure & project finance
Q&A: M&A in the renewable energy sector
FW moderates a discussion on M&A in the renewable energy sector between Elisabeth Yandell McNeil at K&L Gates LLP and Marius Griskonis at White & Case LLP.
Investing on shifting sands – infrastructure investment into non-core assets
Weil, Gotshal & Manges (London) LLP Investment in infrastructure assets has somewhat bifurcated over recent years. A pool of investors have focused on traditional or core infrastructure assets, pursuing relatively low, but predictable returns, such as greenfield projects, utilities and other heavily regulated…
Preparing your project for Equator Principles 4
Norton Rose Fulbright LLP Since their adoption in 2003, the Equator Principles have been one of the principal frameworks for managing sustainability risk in projects by financial institutions. In November 2019, the Equator Principles Association (EPA), representing 101 Equator Principles…
Impact of epidemics and pandemics on infrastructure projects
CMS Global infrastructure spending shows no sign of decreasing, with governments investing heavily in infrastructure projects to boost economies and introduce much needed connectivity to millions of people around the world. The People’s Republic of China’s much discussed…
Energy market 2020: trends and new opportunities in non-traditional sectors
Vinson & Elkins LLP In a little over a decade, the US shale boom led to rapid US natural gas production. In 2016, the US went from a net importer to net exporter of natural gas on a monthly basis for the first time since 1957. The excess shale gas supply sharply drove down domestic gas prices…
Another kind of offshoring forewind coming to the United States
Pillsbury Winthrop Shaw Pittman LLP In 1991, the Danish coastal town of Vindeby was the site of the world’s first 4.95 megawatt offshore wind park. In the late summer of 2016, 24 years later, just five 6 megawatt wind turbines started to operate in the ocean by Block Island, Rhode Island, the first offshore…
Protection of investments in oil & gas under the new USMCA
LITREDI, S.C. With the imminent ratification of the US-Mexico-Canada Agreement (USMCA), it is worth analysing the new manner in which investment disputes related to the energy sector (including oil and gas, and power generation) are regulated by this treaty. Chapter 14 of…
Cruz Marcelo & Tenefrancia The Philippine government is advocating the creation of new infrastructure under its ‘Build, Build, Build’ programme in an attempt to stimulate local industries and accelerate economic development which, in turn, is expected to increase the Philippines’ regional and global…
TALKINGpoint
FW discusses the use of technology in M&A with Kirk Sanderson, Sanjay Hebbar and Steven Vanden Heuvel at M&A Insurance Solutions LLC.
FW discusses captive insurance challenges with Jenny Coletta at EY.
Antitrust litigation – defence and damages
FW discusses defence and damages in antitrust litigation with Max Strasberg at Ashurst LLP, Jorge Padilla at Compass Lexecon and Mélanie Bruneau at K&L Gates LLP.
DAC6 international tax compliance and enforcement
FW discusses DAC6 international tax compliance and enforcement with Romain Tiffon at ATOZ Tax Advisers.
DEALfront
mergers & acquisitions
Vodafone to sell Egyptian unit stake in $2.4bn deal
Saudi Telecom Co (STC), the largest telecom operator in Saudi Arabia, is to acquire Vodafone Group’s 55 percent stake in Vodafone Egypt for $2.4bn. Subject to regulatory approval and closing conditions, the parties expect the deal to be completed by the end…
WEX to acquire eNett and Optal for $1.7bn
In a combination which strengthens its leadership in the global travel marketplace, financial technology service provider WEX has acquired eNett, a leading provider of B2B payments solutions to the travel industry, and Optal, a company that specialises in optimising…
private equity & venture capital
2019 – a record breaking year for US PE
2019 was another record year for the private equity (PE) industry in the US. According to Pitchbook’s 2019 Annual US PE Breakdown, PE fundraising in the US reached a record $300bn. Dealmaking was also robust, though it fell short of 2018’s record. Total PE deal activity…
Insight Partners to acquire Veeam in $5bn deal
In a transaction which accelerates its expansion into new markets and continues its growth trajectory, Swiss cloud data management leader Veeam Software has been acquired by global venture capital and private equity firm Insight Partners for approximately $5bn…
bankruptcy & corporate restructuring
Krystal files for Chapter 11 protection
Fast food restaurant chain Krystal Company filed for Chapter 11 bankruptcy protection in January, citing debts of between $50m and $100m. The company, which filed its petition in the bankruptcy court in the Northern District of Georgia, listed 30 unsecured creditors…
CoStar Group acquires RentPath from Chapter 11 bankruptcy
Following digital media company RentPath’s recent Chapter 11 bankruptcy protection filing, commercial real estate information, analytics and online marketplaces provider CoStar Group has agreed to acquire the business for $588m in cash. RentPath’s 2019…
SPOTlight
Final CFIUS regulations come into effect: mandatory filing requirements
Gibson, Dunn & Crutcher LLP On 13 February 2020, final regulations came into effect to expand the scope of inbound foreign investment subject to review by the Committee on Foreign Investment in the United States (CFIUS). CFIUS is an inter-agency federal government group authorised to review…
K&L Gates The five-year plan for the 2019-2024 European Commission (EC) is now underway. In a time of change, a deliberate consideration of the rules enshrined in the EU Merger Regulation (EUMR) seems to be the focus of much attention. Indeed, increasing weight…
SZA Schilling, Zutt & Anschütz Rechtsanwalts GmbH The German Federal Council recently adopted a legislative proposal aimed at simplifying termination rights in case of written form defects in a long-term lease agreement. The legislation still needs to be approved by the German Parliament to be enacted. Whereas many details…
CONTRIBUTORS
Ashurst LLP
ATOZ Tax Advisers
Baker Hughes
CMS
Compass Lexecon
Cruz Marcelo & Tenefrancia
EY
Gibson, Dunn & Crutcher LLP
K&L Gates LLP
Kier Group
LITREDI, S.C.
M&A Insurance Solutions LLC
New York International Arbitration Center
Norton Rose Fulbright LLP
Pillsbury Winthrop Shaw Pittman LLP
Reed Smith LLP
SZA Schilling, Zutt & Anschütz Rechtsanwalts GmbH
Vinson & Elkins LLP
Weil, Gotshal & Manges (London) LLP
White & Case LLP
Winston & Strawn LLP