Legal

Americas

Measuring The Impact Of COVID-19 On Canadian M&A

The future of M&A beyond the COVID-19 pandemic remains fiercely debated and quite unclear. We’ve already seen transactions and their underlying agreements change in a number of ways, including more scrutinized structures, and more detailed negotiations regarding contractual carve-outs, such as material adverse change and force majeure clauses....

Securing Equity in Unsecure Times

Since the beginning of March, 15 companies within the S&P/TSX Composite Index have gone to market to raise capital. All but one did so by raising debt. By comparison, of the largest LSE listed issuers, 23 have raised equity and 10 have raised debt. It is clear – European issuers are favouring equity during this...… Continue reading The...

Timely, or too soon? Competition Bureau releases guidance on “failing firm” claims in merger reviews

On April 29, in a rare decision based on the “failing firm” rationale, the Competition Bureau announced it would not challenge the acquisition of Total Metal Recovery (TMR) Inc. by American Iron & Metal Company Inc. (AIM), because TMR would have likely exited the market without the merger. The Bureau released a detailed position statement...…...

Canadian Government Announces New Policy Applying “Enhanced Scrutiny” to Certain Foreign Investments During COVID-19

Market Contraction The financial markets and global economy have experienced a precipitous decline and substantial volatility due to the economic impact of the ongoing COVID-19 pandemic. This has had a significant and immediate impact on the level of M&A activity, both in Canada and globally, as companies are shelving deals or simply walking away...

Earnouts: Sharing Risk and Reward in Uncertain Times

The turbulent economic environment resulting from the COVID-19 pandemic has affected the M&A world in numerous ways. Among them is the increased focus on earnout provisions, both those in place from legacy deals and those being considered for inclusion in an upcoming transaction. This post provides an overview of the earnout mechanism and describes...

Asia Pacific

After Fintech, Singapore eyes Legaltech status

Singapore, a haven for disruptive fintech firms, is aiming to shake up Asia's legal sector next The Lion City will host Southeast Asia's first legaltech accelerator from April. The city-state's initiative aims to groom legaltech startups as well as incubate new business models or services conceived by law firms. Singapore's law academy has launched...

China updates New Industry Catalogue

PRC reduces regulatory procedures for foreign investments following its 2016 reforms. China creates a nationally applicable “negative list” for foreign investment, which opens up more industries for multi-national companies.Foreign Investments Filing Administrative Rules will be updated and published soon by the Ministry of Commerce to clarify...

Proposals to make free movement of data a principle of EU law expected this autumn

Ansip said proposed new EU legislation to tackle unnecessary restrictions on where data can be stored are likely to be published this autumn.The proposals will also look to make it easier for businesses to move their data between rival cloud providers and ensure that public sector bodies can access data held by authorities in another EU country to help...

New advertising standards in the UK to take tougher stance on gender stereotypes

The new standards will be drawn up by the Committee of Advertising Practice (CAP), according to a new report on gender stereotypes in advertising (64-page / 5.4MB PDF) published by the Advertising Standards Authority (ASA), the watchdog that oversees compliance with UK advertising rules.The CAP will also look to "clarify standards that reflect the ASA‘s...

UK government urged to avoid data transfers 'cliff edge' at point of Brexit

In a new report, a House of Lords committee warned that trade and security could be impacted if the flow of data is disrupted at the point of Brexit.To enable data to flow between the UK and EU post-Brexit, the EU Home Affairs Sub-Committee urged the UK government to seek a so-called 'adequacy' decision from the European Commission, which would recognise...

Europe

67% of law firms say skills shortages threaten growth

Despite the ongoing environment of geopolitical uncertainty, UK law firms remain optimistic about their growth prospects. That’s according to new research from specialist recruiter, Clayton Legal , which reveals that 66% of firms are looking to increase headcount over the next twelve months to contend with increased demand for their services. The...

Seedrs launches programme for financial intermediaries following record breaking Q3

The programme introduces wealthy individuals to early stage equity deals on Seedrs via their accountants, brokers and financial consultantsOver £3.6bn was invested into equity deals in the UK last year showing an increased appetite for startup investing45% of angels interviewed by the UKBAA about their early stage equity investments reported...

​Lamont Pridmore warn high earners about HMRC raids

Higher rate taxpayers have been warned by leading Cumbrian accountants Lamont Pridmore to be vigilant over their tax affairs.The warning comes after new data from HM Revenue & Customs (HMRC) shows that its Affluent Unit took an additional £438 million pounds of high earners.Off the back of this success the Unit, which investigates the tax affairs of...

A Legal Perspective on the Government’s Brexit White Paper

Following pressure from sections of Parliament and the public, Theresa May’s government has published a 77-page white paper document to set out a strategy for leaving the EU. But what does it add to what we already know? Stephen Chater, a solicitor at Postlethwate Solicitors, member firm of the UK200Group, explains.The UK200Group is the UK’s leading...

​32% law firms see private equity as a principal source of external funding

With growing competition from niche firms, law practices are actively seeking targeted acquisitions to scale-up in chosen disciplines.  32% see private equity as a principal source of external funding. Niche law firms seen as greatest source of competition. 59% of firms report a rise in competitive pressure. There is a sharp increase...

Mena

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Foresight makes MEIF investment into software-based franking alternative business Postworks Limited

Foresight Group LLP (“Foresight”) announces the investment into Postworks Limited (“Postworks” or the “Company”) on behalf of the Midlands Engine Investment Fund (“MEIF”). This mark’s Foresight’s third MEIF investment since its launch in February.   Postworks is an online franking company providing small and medium...

Cambodia: Protest Supports Villagers Challenging Foreign Forest Concession

[unable to retrieve full-text content]Foreign investments; Forests and timber; Judiciary; Minority rights; Natural resources - On September 22, 2015, a group of approximately 100 Cambodians from the Phnong ethnic group rallied to support five members of the group who were questioned in court and then released. The issues involved were...

European Union: Adoption of Decision to Relocate Asylum Seekers

[unable to retrieve full-text content]Asylum; Immigration; Refugees; Treaties and International Agreements/Refugees - On September 22, 2015, the EU Justice and Home Affairs Council adopted a proposal, introduced by the European Commission on September 9, 2015, in response to the unprecedented influx of migrants who have sought refuge...

Brazil: End of Age Limit for Assisted Fertilization

[unable to retrieve full-text content]Families ; Health; Pregnancy - On September 22, 2015, the Brazilian Federal Council of Medicine (Conselho Federal de Medicina, CFM), issued Resolution No. 2,121/2015 on, inter alia, eliminating the need by women over 50 years of age to obtain the consent... The Global Legal Monitor from the Law Library of Congress...

International

Lying in Wait: Cybercriminals’ COVID-19 Tactic

As business slowly and cautiously reopens, cybercriminals lie in wait.  A case study into a massive unemployment insurance fraud shows that cybercriminals patiently hunt for  lucrative opportunities to strike.  For that reason, companies reopening should consider conducting a cyber-audit to identify their cyber vulnerabilities and thwart cybercriminals...

Responding to Financial Crime Risks during COVID-19

Over the past few months, numerous organizations and agencies—including the intergovernmental Financial Action Task Force, UK Financial Conduct Authority, Dubai Financial Services Authority, and U.S. Financial Crimes Enforcement Network—have stressed the need to preserve the integrity and security of the global payments system during and after the...

SBA PPP FORGIVENESS APPLICATION PROVIDES GUIDANCE FOR LENDERS AND BORROWERS

On May 15, 2020, the Small Business Administration (SBA) released the long-awaited Paycheck Protection Program (PPP) Loan Forgiveness Application.  Congress established the PPP as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and the PPP is a key pillar in the Government’s response to the economic consequences of the...

Sanctions Considerations for Companies and NGOs Exporting Supplies to Iran

In an earlier post, here, we scrutinized the form and content of the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)’s March 6, 2020 guidance pertaining to the provision of humanitarian goods and assistance to the people of Iran consistent with U.S. sanctions. In this concluding post, we discuss the factors the...…...

OFAC Responds to COVID-19 in Iran

On March 6, 2020 and in response to an outbreak of coronavirus in Iran, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued guidance pertaining to the manner in which humanitarian goods and assistance may be provided to the people of Iran consistent with U.S. sanctions against Iran. This two-part post...… Continue...