ExpertBriefing

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2019 ExpertBriefing


Financial regulation in Portugal: reflections on 2018

February 2019  |  BANKING & FINANCE

Cuatrecasas

There were a number of regulatory milestones in Portugal in 2018. In this article we examine the three main directives which came into force during the year, the implementation of which raises regulatory challenges for financial entities operating in Portugal...

Solving the ethics enigma

February 2019  |  BOARDROOM INTELLIGENCE

Business Ethics Advisors, LLC

For any company, even an allegation, much less the truth, of unethical or criminal behaviour may result in millions of dollars in legal fees, fines and penalties, reduced market capitalisation and, potentially, criminal liability. For example, Volkswagen’s diesel scandal...

The profits of zoom

February 2019  |  BOARDROOM INTELLIGENCE

Henley Business School

We work in a world where being effective as a global business is essential. However, despite this, there is no single proven programme or discipline which provides leaders with the capabilities and competencies they need to succeed. If this is the case, then...

The new Italian CFC regime

February 2019  |  CORPORATE TAX

LMS Studio Legale

Legislative Decree No. 142 of 29 November 2018, published in the Italian Official Gazette on 28 December 2018, implemented Council Directive (EU) 2016/1164 of 12 July 2016, setting forth new rules against tax avoidance, known as the Anti Tax Avoidance Directive (ATAD)...

Reflections on the MTN Nigeria Communications case

February 2019  |  LITIGATION & DISPUTE RESOLUTION

Sofunde Osakwe Ogundipe & Belgore

On 29 August 2018, Nigeria’s Central Bank (CBN) announced the imposition of sanctions against MTN Nigeria Communications Limited (MTNN) and four commercial banks for the alleged “flagrant violation of extant laws and regulations of the Federal Republic of Nigeria”. The CBN demanded that MTNN return to Nigeria some US$8.13bn, which the CBN claimed...

Latest ruling of the Italian Supreme Court on claims made clauses

February 2019  |  LITIGATION & DISPUTE RESOLUTION

PG Legal

The inclusion of claims made clauses in professional liability insurance contracts has become common in Italy in recent times, having been the subject of several rulings by the Italian Supreme Court, in which the latter has adopted contradicting positions...

Mediation: an ideal solution for international business disputes in Vietnam?

February 2019  |  LITIGATION & DISPUTE RESOLUTION

Dzungsrt & Associates LLC

The Department of Foreign Investment of the Ministry of Planning and Investment of Vietnam reported that, up to October 2018, there were 26,876 effective investment projects nationwide, with total registered capital of US$336.2bn. Furthermore, according...

Twists and turns on the road to a real rescue culture

January 2019  |  BANKRUPTCY & RESTRUCTURING

BM&T

Business failures are an emotional subject. Inevitably, stakeholders lose out, some more than others. Insolvency laws change in response to perceived problems and the mantra is to improve the prospects of business rescue. With further legal changes...

What about Brexit and financial institutions?

January 2019  |  BANKING & FINANCE

Buren

The exit of the United Kingdom (UK) from the European Union (EU) is fast approaching. On 22 November 2018, it was announced that the EU and the UK had reached ‘an agreement in principle’ on their relationship after Brexit. On 25 November 2018...

The private placement memorandum’s evolving role in the expanding market for global capital

January 2019  |  FINANCE & INVESTMENT

Royse Law Firm P.C.

Private equity (PE) markets are flourishing. Investor confidence looks to be on the uptick in the aftermath of the 2008 global financial crisis that was partly triggered by the failure to accurately evaluate the risks of certain investments. One could say...

US enforcement authorities penalise companies for inadequate anti-money laundering compliance programmes

January 2019  |  FRAUD & CORRUPTION

Miller & Chevalier

In 2018, US enforcement authorities demonstrated their commitment to anti-money laundering (AML) compliance through prosecutions and resolutions with financial and non-financial institutions. This article will highlight 2018’s key enforcement actions...

The Brazilian general data protection law

January 2019  |  DATA PRIVACY

Chalfin, Goldberg, Vainboim & Fichtner

Federal Law No. 13,709/18, the so-called General Law on the Protection of Personal Data (LGPD), was introduced on 14 August 2018 and will come into force in February 2020, after 18 months of vacatio legis, providing new rules for the use of personal data...

Claims against states: investment treaties and the financial sector

January 2019  |  LITIGATION & DISPUTE RESOLUTION

Shearman & Sterling

When Croatia legislated to convert loans by Austrian banks denominated in Swiss francs into euros in 2015, after the Swiss franc surged in value, several affected banks made claims for compensation against the Croatian government. The banks brought their claims...

Preparing for international arbitration – focusing on Russian clients

January 2019  |  LITIGATION & DISPUTE RESOLUTION

Khrenov and Partners

In any arbitration, the role of preliminary evidence gathering and the importance of understanding the facts of the case cannot be overestimated. Although this might seem self-explanatory, one should bear in mind that the level of detail necessary...


 
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