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2017 ExpertBriefing

Outlining the new reform of the Italian Bankruptcy Law under discussion by parliament



The Italian parliament is currently discussing yet another reform which touches upon the regulation of insolvency and bankruptcy proceedings. However, contrary to the numerous reforms approved between 2012 and 2016, which intervened...

Recent corporate governance changes and anti-raiding measures implemented in Ukraine



Historically, Ukrainian corporate laws have denied a significant degree of flexibility. For example, shareholders in a joint stock company (JSC) may not change the quorum of a general shareholder’s meeting (GSM) or the procedure for convocation...

Crime and corruption in the 4th industrial revolution


Garry Clement

The first Industrial Revolution used water and steam power to mechanise production; the second used electric power, resulting in a vast industrial sector and the third saw the beginnings of electronics and information technology...

Cartel prosecution in the context of the ‘Lava Jato’ corruption probe


Lefosse Advogados

Recent enforcement decisions by the competition authority, especially with respect to the calculation of penalties applicable to informers, as well as interactions between the several different bodies with powers to pursue and to...

The end of privacy?

March 2017|  DATA PRIVACY

Smith & Williamson LLP

How do governments secure their national tax base in a world where exchange controls have largely been abolished, money can be transferred instantly around the globe and ways of holding structures located in tax efficient jurisdictions are readily...

A best-practice approach to gain Privacy Shield certification

March 2017|  DATA PRIVACY

Pitney Bowes

Against a backdrop of domestic economic turbulence, organisations are increasingly looking to minimise risk and fuel growth by expanding their business operations overseas. Encouraged by continued customer demand for variety...

The proposed e-Privacy Regulation: what is new?

March 2017|  DATA PRIVACY

Arthur Cox

In January 2017 the European Commission published its proposal for an e-Privacy Regulation (EPR) just weeks after an unofficial draft of the proposed law was leaked. The Commission’s proposal is still very much in draft form and will likely undergo...

Paying employees through prepaid debit cards is efficient, but potentially risky for employers


Watson Farley & Williams

The use of payroll cards is widespread and becoming more popular. In 2012 alone, businesses loaded $34.1bn worth of wage payments onto prepaid debit cards, according to Aite Group. The benefits of using prepaid debit cards are...

VAT in the financial sector: partial exemption



As the VAT year-end is fast approaching for most businesses, it is an opportune time for businesses to take stock of their VAT position. The majority of businesses in the financial sector will be partly exempt, which means that they are not...

Artificial intelligence: the investment of 2017 and beyond


Shoosmiths LLP

The rise of artificial intelligence (AI) has, for the last couple of years, dominated headlines as technologies associated with AI advance and appetite grows exponentially for AI products. Key market players in industries too many to mention...

The new Panamanian insolvency law and its cross-border insolvency provisions


Mizrachi Davarro & Urriola

The recent questions laid against the world’s offshore industry, amid the so called ‘Panama Papers’ affair, have overshadowed Panama’s enactment of Law No. 12 of 19 March 2016, “[w]hich establishes the Regime of the bankruptcy proceedings...

Quasi-security transactions in Nigeria: sidestepping the adverse effects of insolvency proceedings by taking back what is yours


Fidelis Oditah & Co.

The importance of a security interest is highlighted when a company is unable to pay its debts. A security interest primarily secures the debtor’s payment obligation and insulates a secured creditor from insolvency. Hence, so long as a company...

The exciting future of banking technology

February 2017|  BANKING & FINANCE


As waves of technological change continue to sweep across the banking industry and innovative FinTech companies introduce new technologies, 2017 promises to continue the trend of disruption we have seen in recent years. Clearly, what we think...

Recent changes in Germany regarding transparency of indirect major holdings in voting rights

February 2017|  FINANCE & INVESTMENT

K&L Gates LLP

The implementation of the EU Amending Directive (2013/50/EU) to the Transparency Directive (2004/109/EC) has resulted in a couple of changes to the notification and publication requirements for major holdings of voting rights in shares...

Listing on Euro MTF

February 2017|  CAPITAL MARKETS

Hance Law Avocats

The Luxembourg Stock Exchange (LSE) operates two separate markets: the Bourse de Luxembourg (Bourse), the regulated European market, and the Euro MTF (MTF), the multilateral trading platform. With over 10,000 stock market introductions in...

GDPR: do not bury your head in the sand

February 2017|  DATA PRIVACY

REaD Group

2016 was the year in which the General Data Protection Regulation (GDPR) became a serious topic. The year was tarnished by a number of high profile company data breaches which undermined public confidence in the way companies...

Sports and intellectual property in India: an emerging sector


Jafa & Javali, Advocates

The Indian sports market is rapidly growing with different disciplines such as cricket, football, badminton, hockey, tennis and kabbadi proving popular. Sport in India has never really been taken seriously, however. It has always been seen as...

Is dumping of foreign capital to offer discounts ‘anti-competitive’?

February 2017|  GLOBAL TRADE


E-commerce marketplaces have been a game changer when it comes to retail trading in India. E-commerce market players have been trying to acquire a customer base for the purpose of enhancing their gross merchandise value. For some years...

How a culture of altruism benefits the bottom line


Center for Conflict Resolution

In every culture, including corporate culture, there is conflict created in both the ‘quid pro quo’ profit motive and the losses inevitably resulting from the problem known as ‘the tragedy of the commons’. The secret to success lies in...

A step toward a more efficient dispute resolution mechanism in Brazilian public contracts


GVM Advogados

On 25 November 2016 the Brazilian president Michel Temer signed Provisional Measure 752/2016, which, among other objectives, seeks to remedy a series of impasses related to concession contracts in infrastructure sectors. These concessions...

The alleged transition from partners to neighbours – US and Mexico 2017

February 2017|  SECTOR ANALYSIS

González Calvillo, S.C.

In December 2013 Mexico was energised by a widespread structural and constitutional reform which initiated the so called ‘Mexican energy reform’. This change of paradigm aimed to update the country after nearly eight decades of state...

Labour contingencies should not undermine M&A deals in Argentina


Perez Alati, Grondona, Benites, Arntsen & Martínez de Hoz

As in every other M&A deal elsewhere in the world, the potential buyer of a company based in Argentina will have to carry out due diligence processes on the target, its business and assets in an interdisciplinary effort. A properly designed and...

The Austrian HETA saga: successful investor appeasement at last?

January 2017  |  FINANCE & INVESTMENT

Freshfields Bruckhaus Deringer LLP

In October 2016, almost seven years after the emergency nationalisation of the failed Hypo Alpe-Adria-Bank (a €40bn Austrian regional bank based in the province of Carinthia, which in 2014 was re-named ‘HETA Asset Resolution’ (HETA)), the Austrian...

Bridging the gap between impact investors and social impact opportunities

January 2017  |  BANKING & FINANCE

Reed Smith LLP

For impact investment to be able to unlock its true potential in targeting positive change around the world, both sides of the impact investment spectrum must be satisfied: there must be a robust supply of capital and a sufficient number of investable...

Brexit and FinTech

January 2017  |  BANKING & FINANCE

Morgan Lewis

Recent news reports and surveys suggest that UK FinTech firms are more concerned with the loss of EU free movement of labour than the passporting of their services to other EU markets. In many cases this is true. However, this does not...

There is such a thing as free-cash funding – but it is only for ultra-high-net-worth corporations, foundations and nations

January 2017  |  BANKING & FINANCE

PreConstruction Catalysts, Inc.

Raising funds for a given project is usually at the top of the to-do-list when a company, foundation or nation has a need. Conventional financing avenues can be quite disappointing in today’s environment, as banks and other financial institutions...

Maximising value in enforcement of development finance

January 2017  |  BANKING & FINANCE

Berwin Leighton Paisner LLP

The current economic climate of low but potentially rising interest rates, increasing inflation, weak sterling, falling overseas investment and solvency concerns in the construction industry, poses multi-faceted risks to the real estate market, and in...

I don’t wanna TalkTalk about it?

January 2017  |  RISK MANAGEMENT

Advent IM Ltd.

In October 2016, telecoms provider TalkTalk was hit with a record £400,000 fine (and a smaller £1000 fine for another, earlier data breach) by the Information Commissioner’s Office (ICO) for security failings that led to their failure to prevent...

EPA financial provision scheme for environmental liabilities

January 2017  |  RISK MANAGEMENT

Philip Lee

The Environmental Protection Agency (EPA) is the statutory body responsible for the licensing of significant activities under environmental law in Ireland. Pursuant to a number of EU environmental directives and national legislation, licensees...

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