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MAGAZINE

February 2018 Issue

Financier Worldwide Magazine


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COVER STORY

The CX factor driving financial services transformation

In a complex, competitive and rapidly changing financial environment – engendered by the likes of regulatory obligations, disruptive technologies and increasing media fragmentation – the pressure is firmly on financial services (FS) institutions to...

 

FEATURES

Forecast favourable for M&A in 2018

Although 2017’s economic and geopolitical landscape erected additional hurdles for deal makers to clear, they were not insurmountable and the year ultimately proved to be a lucrative one for M&A. 2018, according to forecasts, is shaping up in...

The emergence of the ICO

One of the most significant recent developments in the cryptocurrency market has been the rise of the initial coin offering (ICO). ICOs or ‘token sales’ are a form of crowdfunding used to raise funds for development projects and to launch...

Whistleblowing in the UK

‘Blowing the whistle’ on malfeasance or malpractice is always a courageous act. Whistleblowers can face intimidation and retaliation which negatively impacts both their personal and professional lives. Accordingly, some would-be whistleblowers are...

Improvement driver: the evolving role of the CPO

Effective leadership is recognised as essential in achieving business goals and driving organisational change, and can be the difference between making or breaking a company. Less well known, however, is the array of...

Brexit and UK FinTech

The UK’s decision in June 2016 to exit the European Union has caused disruption and uncertainty across virtually every UK industry. The country’s future relationship with the EU27 and its ability to agree a deal on access to the single market...

 

ROUNDTABLE

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Sanctions compliance & enforcement

THE PANELLISTS: Beth Pride, BPE Global; Megan Barnhill, Bryan Cave LLP; Roger Matthews, Dechert LLP; Judith Alison Lee, Gibson, Dunn & Crutcher LLP; Brenda Perrotti, Mastercard; and Bryce Bittner, Textron Inc.

The sanctions compliance and enforcement landscape has been impacted in recent months by a  number of significant developments, including the Trump administration’s rollback of Obama-era policies, more aggressive OFAC enforcement...

 

SPECIAL REPORT

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Corporate fraud & corruption

The persistent prevalence of corporate fraud and corruption is an uncomfortable reality for those seeking to repair the immense damage wrought by unscrupulous business behaviour. A multidimensional issue, incidents can damage...

FORUM: Managing corruption risks in M&A pre- and post-transaction

FW moderates a discussion on managing corruption risks in M&A pre- and post-transaction between Rodrigo S. Grion at GE Healthcare, Adrian D. Mebane at The Hershey Company, Frank Vormstein at Siemens AG and Martin J. Weinstein at Willkie Farr & Gallagher LLP.

FCPA risks faced by financial institutions

Sullivan & Cromwell In his 29 November 2017 remarks at the 34th Annual International Conference on the Foreign Corrupt Practices Act (FCPA), deputy attorney general (DAG) Rod Rosenstein advised that “[c]ompanies can protect themselves by exercising...

The UK’s Bribery Act – its scope, its use so far and how businesses can avoid falling foul of it

Rahman Ravelli This decade has seen a significant legal change in the prosecution of bribery in the UK, namely the Bribery Act 2010. The Act should be seen as the result of a decades-long attempt to reform the law regarding bribery and corruption. It replaced...

The Criminal Finance Act 2017 – important factors which cannot be ignored

Richard Nelson LLP Since the Criminal Finance Act 2017 came into effect on 30 September 2017, there has been considerable discussion about the new corporate offence of failure to prevent the facilitation of tax evasion and the potential consequences...

Working in partnership: a new approach to economic crime

Mishcon de Reya LLP Despite a plethora of new legislative provisions, the criminal justice system continues to confront a dangerous enforcement deficit when it comes to economic crime. While fraud is on the rise, public funding to tackle it is being squeezed. These realities...

Defeating dissipation: recent legal developments

PCB Litigation LLP When disputes arise and lead to proceedings, the first instinct might often be to focus on securing a favourable judgment. However, that is often only half of the story. There is no guarantee that a judgment debtor will pay, and in the fraud arena...

SFO v ENRC: impact on internal investigations

Travers Smith LLP Following a slew of recent cases on the subject of legal professional privilege, organisations have been finding it increasingly difficult to protect sensitive documents from disclosure to their opponents in litigation. Last year’s High Court decision...

Anti-corruption: developments in enforcement policy in the UK and the US

Brown Rudnick This article provides an update on significant enforcement developments in the UK and the US regarding corruption and other financial crimes. In recent years, events such as the FIFA corruption scandal and the Panama Papers leak have prompted...

The minefield of cross-border investigations

Fox Williams The upsurge in cross-border investigations, notably in a succession of recent market manipulation cases, has given rise to unprecedented levels of cooperation between UK and foreign law enforcement agencies. As indicated by then...

New confiscation rules in Germany – a challenge for compliance

Noerr LLP Crimes must not pay off. This rationale governs the new confiscation rules in Germany that have been in force since 1 July 2017. The new rules strengthen the principle that everything that has been obtained by the perpetrator or a third party...

Who wants to be a compliance officer?

DLA Piper Spain In 2010, Spain joined a group of countries, including the UK, France, Belgium, Portugal and others, where legal entities can be found criminally liable. Given the disruption of the classical legal schemes generated by this new legal framework and the...

Q&A: False claims investigations and enforcement

FW moderates a discussion on false claims investigations and enforcement between Sam Nazzaro at BDO, Maura Kathleen Monaghan at Debevoise & Plimpton, and Jonathan M. Phillips at Gibson, Dunn & Crutcher LLP.

 

DEALfront

mergers & acquisitions

Disney and Fox announce $52bn merger

The Walt Disney Company is to acquire the film, television and international businesses of 21st Century Fox Inc in a deal worth $52.4bn, the companies have announced. Fox stockholders will receive 0.2745 Disney shares for each Fox share...

Westfield sold to Unibail-Rodamco in $25bn deal

In a deal that many commentators are describing as a new era for the retail sector, French property group Unibail-Rodamco has completed a $25bn deal to acquire Australia’s Westfield Corporation, owner of Westfield Shopping Centres. Under the...

private equity & venture capital

KKR to acquire Unilever units for $8.04bn

Private equity (PE) giant KKR is to buy the margarine and spreads business of British-Dutch transnational consumer goods company Unilever for $8.04bn, subject to regulatory approvals and employee consultations, the companies have announced...

Husky Injection Molding Systems sold in $3.9bn PE exit

The world’s largest brand name supplier of injection moulding equipment and services to the plastics industry – Husky IMS International Ltd – is to be acquired by Platinum Equity in a deal valued at $3.9bn. The definitive agreement will see...

bankruptcy & corporate restructuring

Expro pursues prepackaged plan of reorganisation

Leading international oilfield services company Expro has announced the next step in its financial restructuring – a prepackaged plan of reorganisation under Chapter 11 of the US Bankruptcy Code that will provide a clear and expedited path to emergence...

Avaya emerges from Chapter 11 after restructuring

Less than 12 months after filing for Chapter 11 bankruptcy protection, networking and communications vendor Avaya announced that it has completed its

 

TALKINGpoint

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Creating value through demergers

FW moderates a discussion on creating value through demergers between Sanjay Thakkar, Ina Kjaer, Jonathan Boyers, Nicola Longfield, and Caroline Bott at KPMG.

India's reformed bankruptcy code

FW moderates a discussion on India's reformed bankruptcy code between Manish Aggarwal, Sai Venkateshwaran and Vivek Gupta at KPMG India.

 

SPOTlight

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Dell, DFC Global and the changing landscape of appraisal actions

Gibson, Dunn & Crutcher LLP In a pair of recent important decisions, the Delaware Supreme Court underscored that, for public companies whose stock trades in an efficient market, deal price should be accorded significant weight in determining fair value in appraisal actions...

Ongoing risks in China

Klink & Co., Inc. Conducting business in any country without doing appropriate homework beforehand can be perilous. Every country has its own set of problems, and that certainly includes the US. But doing business in China, the world’s fastest...

Happy consumer lawyers due to new data privacy damages claims?

Hogan Lovells The upcoming EU data protection law will massively change current data privacy laws. One less well known change is the fact that civil claims based on actual or alleged data privacy violations may create high exposure for companies. This article...



CONTRIBUTORS

BDO

BPE Global

Brown Rudnick

Bryan Cave LLP

Debevoise & Plimpton

Dechert LLP

DLA Piper Spain

Fox Williams

GE Healthcare

Gibson, Dunn & Crutcher LLP

Hogan Lovells

Klink & Co., Inc.

KPMG

KPMG India

Mastercard

Mishcon de Reya LLP

Noerr LLP

PCB Litigation LLP

Rahman Ravelli

Richard Nelson LLP

Siemens AG

Sullivan & Cromwell

Textron Inc.

The Hershey Company

Travers Smith LLP

Willkie Farr & Gallagher LLP


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