All in-house counsel will be aware of the merger control rules that grant competition authorities the power to monitor, assess and even modify or prohibit M&A activity. There are very few jurisdictions around the world that do not enforce some form of merger control and, with the notable exception of Luxembourg, all 28 EU Member States can require the notification of mergers. This requirement can be triggered by sales into a Member State, irrespective of where a business is registered or based. As such, being familiar with the merger control rules is important not only for companies that are located in the EU, but for all companies that conduct business in the region. Continue reading “Merger control in the European Union: an overview”
US immigration reform in the wake of the 2016 presidential election
‘Our future will always be written in part by immigrants’ Hillary Clinton
Immigration was a prominent and highly charged topic of the 2016 presidential election. Hillary Clinton acknowledged that the US immigration system was broken and had promised to pass comprehensive reforms to strengthen the economy and to offer a path to full and equal citizenship to families that have been separated under the current legislation. She promised to uphold President Obama’s executive actions, including DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans) that would grant relief from the threat of deportation to thousands of long-term residents in the US, mainly from Latin America. Continue reading “US immigration reform in the wake of the 2016 presidential election”
Mergers & Acquisitions (M&A) – Comparative Guide Introduction
Following the record levels of activity seen in 2015, global M&A in 2016 was always going to have a hard act to follow. So far in 2016, while global markets have remained reasonably active, they have been more subdued across all the major geographic regions and market sectors than was the case in the previous year.
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International Arbitration – Comparative Guide Introduction
The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of international arbitration across a variety of jurisdictions. The level of uniformity in this area is a topic in itself as international arbitration continues to straddle the well-ingrained legal cultures of the globe.
Each chapter of this guide provides information about the current issues affecting international arbitration in a particular country and addresses topics such as the legal requirements of a valid arbitration agreement, the authority and obligations of arbitrators, the governing law and procedure, preliminary and interim relief, the rules of evidence and the enforcement of arbitral awards. Continue reading “International Arbitration – Comparative Guide Introduction”
Service failure? The law on notices and its application in recent Scottish cases
A number of cases have come to court in Scotland in the last 12 months regarding whether or not notices have been validly served.
There is an established legal framework for determining that question, which every lawyer should bear in mind before drafting and serving a notice. Continue reading “Service failure? The law on notices and its application in recent Scottish cases”
Russian M&A: new approach, old problems
After a significant downturn in the M&A activity in Russia in 2015 (by some calculations, up to 30% by volume), market analysts note substantial growth in Russian M&A deals in January and February of 2016, with real estate development and finance industries making up around 50% of the increase. Such developments can be attributed to some degree to the low base of previous years and the desire of Russian investors to secure their Ruble assets against devaluation, but any growth is welcome news nonetheless. Continue reading “Russian M&A: new approach, old problems”
GCs are seizing the day (from their advisers)
Can anything truly threaten the premier league of global law firms? Certainly the going has been more challenging since the banking crisis for all sections of the legal industry, whether you are betting on ‘flight-to-quality’ or ‘more-for-less’, but overall the world’s top 100 commercial law firms look no nearer to an existential threat. AI? The accountants? New Law providers? The former reflects a genuine force set to substantially change the industry, though it is not apparent whether that will come at the expense of high-end law firms. The latter two players have yet to come near to living up to the fanfare made for them. Continue reading “GCs are seizing the day (from their advisers)”
Taught leaders
In 2012 the MBA degree established itself as the most popular subject of postgraduate education in the US, accounting for more than a quarter of all enrolments according to the US Department of Education. Along with the usual diet of macroeconomics, management theory and financial accounting, MBA programmes have ensured that those who seek to carve out a corporate career focus on one quality above all others: leadership.
The art of leadership in Asia
‘Becoming an in-house lawyer has not traditionally been a desirable career path for Asia’s top graduates,’ says Amy Ng, general counsel for the Asia-Pacific region at global real estate company CBRE. ‘But we are seeing a lot of change now in the number of people leaving private practice to work for a business.’
The next step
Are in-house counsel ready to be business leaders? It seems a strange question to have to ask given the level of education and training of most in-house lawyers and the dramatic expansion of the size and responsibilities of legal teams over the last 15 years.
Significant matters – Autumn 2016
Panel roundup
Unilever is currently carrying out an informal review of its panel firms, after the existing roster expired in June 2016. Led by operations legal director Saswata Mukherjee, the last panel review began in February 2014 and constituted the company’s first formal panel arrangement.
Brexit proofing – protecting the UK securitisation market
U
K collateralised loan obligation (CLO) managers have adapted their risk retention structures in response to the EU referendum vote, effectively ‘Brexit-proofing’ their structures in the event of a full Brexit where UK firms do not continue to enjoy financial passporting rights into the EU.
Continue reading “Brexit proofing – protecting the UK securitisation market”