Artificial bad, intelligence good

Paul Gilbert argues that AI has become a marketing gimmick that
obscures the shortcomings of legal teams.

The words ‘artificial intelligence’ bother me. I want to have a little rant about the words, but I also want to challenge the way in-house lawyers approach technology. On the words, I can legitimately stand accused of using ignorance as a shield for my laziness, but what bothers me is not that artificial intelligence isn’t clever and potentially useful, but that it sounds like the marketing kids have got hold of the dressing up box again. Continue reading “Artificial bad, intelligence good”

The governance dilemma

Stefan Stern forecasts that GCs will be forced to address a renewed
attempt to fix what ails governance in UK plc

Who knew that the staid term ‘corporate governance’ could create so much excitement? That Latinate phrase seems designed to reassure: ‘governance’ suggests order, calm, and mastery. But the chaps in the boardroom – and they still are mostly chaps for all the progress on appointing women directors – had better brace themselves for an interesting few months. Continue reading “The governance dilemma”

Profile: Michael Shaw, The Royal Bank of Scotland

Michael Shaw, RBS‘It was ambition that made me decide to leave Barclays,’ declares self-confessed deal junkie Michael Shaw, who resigned from his role as the bank’s deputy general counsel in the summer of 2015. Shaw was eager to pursue a weightier leadership role after six years serving as the ‘apprentice’. Bob Hoyt had succeeded Mark Harding as group GC in 2013 and ‘the only other sensible alternative’ of interest to Shaw was head of legal for investment banking. Pipped to the post by former Gibson, Dunn & Crutcher partner Mark Shelton, an obvious choice as that division serves as Barclays’ crown jewel in the US, Shaw’s ambitions turned elsewhere.

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Getting real – the seven deadly sins of risk factors

church2It is a sporting truism that it is far harder to be axed from the England football squad than it is to be included in the first place. Unfortunately, a similar tendency is apparent with risk factors in public listings of securitisation transactions. While this is true across a range of issues, it is particularly true with risk factors relating to geopolitical events and concerns. Of course, the travails of the financial markets since 2008, the unique nature of the Scottish independence referendum and the shock of the Brexit vote have given much to consider in this respect.

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Debt finance in the UK – still open for business?

open2The UK has long prized its reputation as an attractive place to do business. Successive governments of all persuasions have consistently taken measures to make sure the UK has the most competitive corporate tax regime across the G20. With its low headline corporate tax rate and generous rules on deductibility of interest compared to other G20 partners, the UK has been ideally positioned as a place for businesses to invest and thrive. Continue reading “Debt finance in the UK – still open for business?”

The impact of Brexit on the passporting rights of banks, investment firms and other financial institutions

Close to five-and-a-half thousand British firms currently hold ‘passporting’ rights provided under various of the Single Market directives, which allow a financial services firm authorised in one European Economic Area (EEA) member state to provide certain regulated services (eg deposit-taking, lending, payment services, investment services) across the EEA without requiring separate authorisation in the other EEA member states in which it operates. For EEA firms holding passports into the UK, the figure is just over eight thousand.

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A Comparison Between EU Directive 95/46/EC and Data Protection Legislation in Turkey

Turkey’s newly enacted Law on Protection of Personal Data (DP Law) is based on EU Directive 95/46/EC (the Directive). Although the DP Law is mainly based on the Directive, it is not identical and it differs from the Directive in certain points. The main difference between the Directive and the DP Law is that Directive focuses on the act of processing personal data rather than the parties to such processing, whereas the DP Law mainly provides rights and imposes obligations on the parties of a data processing act. Continue reading “A Comparison Between EU Directive 95/46/EC and Data Protection Legislation in Turkey”

GCs, do you benefit from the technological change in Contract Lifecycle Management?

Organisations with many departments and multiple sales channels facing numerous problems in the area of contract management. Among those can be lack of strict procedures who and when should prepare contract, who and why should this contract accept in formal way, finally who should decide from business point of view about risk and opportunities that specific contract can bring to organisation. Continue reading “GCs, do you benefit from the technological change in Contract Lifecycle Management?”

The continued importance of the seat: a look from the perspective of annulment proceedings

Arbitration is a ‘one-stop’ dispute settlement system. Arbitral awards are final in the sense that they are not subject to appeals or other usual remedies. This finality brings with it the advantage of efficiency, but carries the risk that if arbitrators make mistakes, the parties will have to live with them. In principle, there is no way to rectify a mistaken award. As the only ‘safety net’, modern arbitration laws provide for the very limited remedy aiming at annulment or setting aside of the award. Continue reading “The continued importance of the seat: a look from the perspective of annulment proceedings”