MAGAZINE

January 2022 Issue

Financier Worldwide Magazine


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COVER STORY

The importance of IT due diligence

Technology permeates almost every aspect of business today, making IT due diligence a key aspect of conducting M&A. It is essential that prospective buyers have a clear understanding of the technology capabilities and potential liabilities they may be acquiring. This includes building…

FEATURES

Anti-corruption compliance and enforcement trends in the US and beyond

Despite slowing over the past couple of years, the fight against bribery and corruption in the US looks set to gather pace under the Biden administration. 2020 was a landmark year for Foreign Corrupt Practices Act (FCPA) enforcement in the US. Several record fines were issued…

Epochal struggle: digital sovereignty and the EU

With data increasingly being treated as a commodity – that can be owned, controlled and protected – the concept of ‘digital sovereignty’ has become a key component of policy discourses on digital issues in recent years, with countries across the globe pushing to claim authority…

RegTech rising: a regulatory revolution

No longer a buzzword, RegTech (an amalgam of ‘regulatory technology’) has graduated to become an established term in recent years – a timely transition given increasing global regulatory scrutiny, particularly of financial institutions (FIs). As well as being complex and challenging…

US economic sanctions: enforcement and compliance

In October, the US Treasury Department released its ‘2021 Sanctions Review’. According to the report, the economic and financial sanctions employed by the US over the past two decades to battle global terrorism, nuclear proliferation, drug cartels and other threats must be adapted…

The space economy: ready for lift-off

The commercialisation of space is upon us. As the world’s fascination with space spurs increasing investment and drives activity in launches and satellites sent into orbit, the space economy is undeniably booming and ushering in a ‘NewSpace’ revolution. Defined by the…

ROUNDTABLE

Cyber security

THE PANELLISTS: Lynn Peachey at Arete, Raf Sanchez at Beazley, James Owen at Control Risks, David Navetta at Cooley LLP, Siân John at Microsoft, Todd Hinnen at Perkins Coie LLP, Eduard Blanxart Raventos at Tokio Marine HCC, and Great Gu at Zai Lab.

Amid colossal pandemic-generated disruption over the past two years, the global economy has witnessed burgeoning cyber crime – a complex and fervent landscape that has become increasingly sophisticated as cyber criminals continue, and even escalate, their activity in times of crisis…

SPECIAL REPORT

Energy & utilities

Q&A: Outlook for renewable energy in the US

FW discusses the outlook for renewable energy in the US with Chris LeWand at FTI Consulting, Inc., Dan Sinaiko at Allen & Overy LLP, Nuno Andrade at Santander, Himanshu Saxena at Starwood Energy, and R. Andrew de Pass at Vitol Inc.

The energy transition

Milbank LLP As climate change awareness and activism continues to grow across the globe in both the commercial and public spheres, increasing attention and focus has been placed on what we have come to know as the ‘energy transition’. This shift from traditional energy systems…

The hydrogen economy: instrumental to achieving clean energy targets

Baker Botts Momentum continues to build to expand the use of hydrogen from its primary use as an industrial feedstock to become a low-carbon alternative to fossil fuels, such as natural gas, and a key component to the electrification of the energy industry. Notwithstanding the growing…

Translating ESG: sustainability in the modern energy industry

K&L Gates The universe of issues discussed in the name of ‘sustainability’ has grown dramatically in recent years. No longer is the term simply synonymous with environmental efforts. Rather, today is the day of ‘big-tent’ sustainability, under which recycling, greenhouse gas reduction and renewable…

Rethinking strategic public-private partnerships to rapidly achieve a net-zero energy world

National Renewable Energy Laboratory (NREL) Even prior to the mass production of the Model T Ford, it was known that CO2 emissions would eventually be responsible for increasing the average temperature of the planet. Today, finally, we are seriously attempting to limit further warming of the planet through the transition from…

An important step outside the comfort zone – the time has come for private capital in district heating

Sharpe Pritchard LLP In 2019, the UK became the first major economy in the world to pass legislation to achieve net zero greenhouse gas emissions by 2050. In 2021, the government set an ambitious climate change target to reduce greenhouse gas emissions by 78 percent by 2035 compared to 1990 levels. Heat is…

Opportunities for post-acquisition optimisation in the energy industry

Opportune LLP In almost every asset acquisition the primary focus is to transfer ownership with no interruption to operations. In the case of a refinery acquisition, there is little room for error as any change in operational status can result in significant cost and value loss. Leading up to the change…

Climate change, energy security and the role of the Canadian oil & gas industry

Burnet, Duckworth & Palmer LLP Dealing with climate change is one of the most significant global imperatives of our time. The world needs solutions that can be acted upon locally, nationally, regionally and globally. But, on the eve of the global climate conference, COP26, the US called on the Organisation of the Petroleum…

Developments in the Brazilian power sector

Veirano Advogados Choosing a power supplier, buying power credits in advance, buying different amounts of power for each month or week or even hour of the day, choosing to buy power from renewable sources only, being able to track power consumption in real time, or buying power credits for charging your…

Q&A: ESG strategy in the energy sector

FW discusses ESG strategy in the energy sector with Clara Cibrario Assereto at Cleary Gottlieb Steen & Hamilton LLP, Simon Ede at CRA, Hillary H. Holmes at Gibson, Dunn & Crutcher LLP, and Silke Goldberg at Herbert Smith Freehills LLP.

TALKINGpoint

Pass-on of overcharge

FW discusses pass-on coverage of overcharge with Nadine Watson, Frédéric Palomino, Justin Coombs and David Sevy at Compass Lexecon.

Insuring the accuracy of corporate and partnership US income tax returns

FW discusses insuring US tax returns with David S. De Berry at Concord Speciality Risk.

AdTech regulation and compliance

FW discusses AdTech regulation and compliance with Linda A. Goldstein, Gerald J. Ferguson, Fernando A. Bohorquez Jr., Jeewon K. Serrato and Justin T. Yedor at Baker & Hostetler LLP.

DEALfront

mergers & acquisitions

Bank of Ireland pays €5bn for KBC’s assets

Bank of Ireland has agreed to acquire ‘substantially all’ of the Irish performing assets of Belgian financial group KBC in a deal worth €5bn. According to a joint statement released by the two banks, Bank of Ireland, the country’s largest bank by assets with a loan book of €77bn…

Crestwood Equity to buy midstream unit in $1.8bn deal

In a deal that significantly enhances its competitive positioning in its core growth basins, Crestwood Equity Partners is to acquire the midstream unit of Oasis Petroleum (OAS), Oasis Midstream Partners LP, in a transaction valued at approximately $1.8bn, including the assumption of debt…

private equity & venture capital

Brookfield Business Partners LP to acquire Lottos from Scientific Games for $5.8bn

Scientific Games has agreed to sell its lottery division to private equity firm Brookfield Business Partners. Under the terms of the deal, Brookfield will pay a cash consideration of $5.825bn for the business, with an additional $225m payable as an earn-out, subject to achieving certain…

CD&R to buy PwC’s mobility unit for $2.2bn

In a takeover deal valued at $2.2bn, US private equity firm Clayton, Dubilier & Rice (CD&R) is to acquire PwC’s global mobility tax and immigration services business – a global leader in employee tax, immigration, business travel, mobility managed services and payroll solutions…

bankruptcy & corporate restructuring

Grupo Posadas files for Chapter 11

In a move aimed at maximising its financial flexibility and better manage the challenges related to the global coronavirus (COVID-19) pandemic, Mexican hotel chain Grupo Posadas, along with one subsidiary, has filed for Chapter 11 bankruptcy protection in the US. The filing allows the…

Johnson & Johnson talc claims to be resolved via Chapter 11

In October, US multinational Johnson & Johnson announced that a subsidiary it recently created to manage claims asserting that its talc-based products caused cancer, had filed for Chapter 11 bankruptcy protection. In a statement, Johnson & Johnson noted that the Chapter 11 filing…

SPOTlight

Early-stage compliance diligence in high-risk transactions: three practical steps

Covington & Burling LLP In the wake of scores of enforcement actions where companies have been faulted for diligence failures in investment transactions, and real-world examples of companies overpaying for targets engaged in corrupt conduct, most sophisticated companies understand the ‘why’ behind…

Competitively sensitive mergers: a long and winding road ahead

McCarthy Tétrault LLP Parties to contentious mergers under the Canadian Competition Act may face more hurdles on their road to closing moving forward. On 23 August 2021, the Canadian Competition Tribunal released a critical decision regarding the scope of the Competition Bureau’s ability to obtain interim…

The new ‘Dutch scheme’ and key tax considerations in financial restructuring

Norton Rose Fulbright With the global coronavirus (COVID-19) pandemic dominating headlines throughout 2021, many countries across the world went through insolvency law reforms. While some of the legislation was incidental, meant to address the immediate impacts of the crisis, more profound…



CONTRIBUTORS

Allen & Overy LLP

Arete

Baker & Hostetler LLP

Baker Botts

Beazley

Burnet, Duckworth & Palmer LLP

Cleary Gottlieb Steen & Hamilton LLP

Compass Lexecon

Concord Speciality Risk

Control Risks

Cooley LLP

Covington & Burling LLP

CRA

FTI Consulting, Inc.

Gibson, Dunn & Crutcher LLP

Herbert Smith Freehills LLP

K&L Gates

McCarthy Tétrault LLP

Microsoft

Milbank LLP

National Renewable Energy Laboratory (NREL)

Norton Rose Fulbright

Opportune LLP

Perkins Coie LLP

Santander

Sharpe Pritchard LLP

Starwood Energy

Tokio Marine HCC

Veirano Advogados

Vitol Inc.

Zai Lab


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