When companies face financial difficulties in Mexico, our legislation provides a formal procedure known as concurso mercantil (insolvency) to restructure its finances and provide legal security to their creditors. This procedure is divided into two phases: i) conciliation and ii) bankruptcy or liquidation. The purpose of the conciliation phase is to achieve the continuation of …
Retail and insolvency The increasing popularity of online shopping has resulted in a decline of footfall on the high street and rising business rates, wages and pension costs have resulted in a tough trading environment. With well-known retailers such as Toys R Us, Prezzo, Carpetright, New Look, Mothercare, House of Fraser and recently Homebase all …
The arbitration landscape has changed significantly in the Kingdom of Saudi Arabia (KSA) in recent years. In this note, we will explain two important developments that have precipitated this change, namely, a new arbitration law and a Saudi centre for arbitration. New arbitration law On 24/5/1422H (corresponding to 16 April 2012), a new set of …
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Technology is dramatically changing the practice of law. Big data, machine learning, smart contracts and artificial intelligence are all making the assimilation and interpretation of large amounts of unstructured data much easier. Some doom-mongers see this as the end of the traditional practice of law. We believe, rather, that the trend will be for legal …
Continue reading “More vision, less admin: putting data to work”
There are many differences between UK and Norwegian litigation. In this article, we will give a brief outline of some of the possibilities in Norwegian litigation, as well as some issues that one needs to avoid. Since the language before the court is Norwegian, there is a need to seek out Norwegian counsel, but this …
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The Polish have a somewhat colourful way of saying that something is not their problem – ‘not my circus, not my monkey’. Leaving private practice may well feel like you have escaped a zoo, but after a few days of taking over as in-house counsel it becomes increasingly clear that it is in fact your …
The long-awaited Romanian transposition of the EU Directive 2014/65 on markets in financial instruments (MIFID II, in force since January 2018) has started this summer with the enactment of two main pieces of legislation – (i) Law 126/ 2018 on markets in financial instruments (Romanian MIFID II Law), closely followed by (ii) Regulation 10-4/ 2018 …
Continue reading “Hot topics for credit institutions: MIFID II in Romania”
As reported in KPMG’s 2016 Global Profiles of the Fraudster, more than half of the frauds were uncovered by whistleblowers and tip-offs. So to more effectively root out corporate malfeasance and corruption, some countries have promulgated laws to make internal reporting channels in both the public and private sectors mandatory. The laws include the Whistleblower …
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We live in an era of technological disruption where entire industries are being created, decimated, and reshaped. The same forces bringing about those transformations are also redefining roles in the C-suite – chief among them, the general counsel. The GC role has long been evolving from a purely legal function to one more integrated into …
Litigation funding is often hailed as the most effective risk transfer tool to finance a claim. However, for many businesses that simply isn’t the case. This may seem like a counterproductive statement for a funding specialist to make so let me explain. If a business is to capitalise on the potential asset they hold in …