Company/Commercial
The Lawyer
UK Takeover Panel tightens up code jurisdiction for AIM companies weblink
The UK Takeover Panel has decided to bring all offers for UK-registered AIM companies within the jurisdiction of the code.
Using a business continuity disaster recovery (BCDR) plan download
How businesses can cope with disasters.
UK takeover code will apply to more companies download
From 30 September 2013, the takeover code will apply to more companies than it does at present.
Legal update: international trade and commodities — April 2013 download
Ince & Co has published the April 2013 edition of its International Trade and Commodities Legal Update.
Tenant succeeds in claiming rent repayment post break date download
A High Court decision has opened the door for tenants that have operated break clauses to claim back rent paid for a period post the break date.
Mourant Ozannes adds to Channel Island property team
Mourant Ozannes has added to its Channel Island property team.
Ashurst and Slaughters bag roles on Morrisons delivery deal with Ocado
Ashurst and Slaughter and May have advised on online retail group Ocado’s delivery deal with supermarket chain Wm Morrison Supermarkets.
Firms work together to develop best practice approach to drafting security documents
Several law firms have worked together to develop best practice approach to drafting General Security Agreements.
PPSA model clauses for a general security agreement download
Since before the operational commencement of the PPSA 2009 (Cth) in January 2012, and certainly since then, law firms have been settling their position on the many issues it raises.
Offshore-i — M&A activity in offshore financial centres download
Appleby has released the latest edition of Offshore-i report, which provides data and insight on M&A activity in offshore financial centres.
Taylor Wessing advises iCITY and Infinity in landmark Olympic legacy deal
Taylor Wessing has advised on a deal that will secure the long-term future of the former Olympic press and broadcast centre.
A route to enforcement in Dubai and the wider United Arab Emirates? download
A recent memorandum provides a useful summary of how money judgments can be enforced between the DIFC Courts and the English Commercial Court.
China Bulletin — April 2013 weblink
The April 2013 issue of King & Wood Mallesons’ China Bulletin is available now.
Minister for Africa set to deliver keynote address at Addleshaw Goddard briefing
Minister for Africa Mark Simmonds MP is set to deliver the keynote address at a high-level business briefing being hosted by Addleshaw Goddard in association with UK Trade & Investment (UKTI). The evening event will take place on 16 May 2013.
International trade remedies and WTO
Dacheng has amassed considerable experience in international trade matters, having established long-term co-operative relationships with specialist international trade firms in more than 10 jurisdictions.
Taxation
Taxation is one of Dacheng’s traditional fields of expertise and one that the law firm is particularly adept at handling in today’s ever-changing and complex commercial environment.
Restructuring of SOEs and property transactions involving SOEs
Dacheng has become the first-choice legal services provider for the majority of state-owned enterprises (SOEs) in China.
Antitrust and national security review
Antitrust is a newly emerging legal practice area in China and Dacheng stands at the cutting edge of this field.
International trade
Dacheng has been providing professional legal services to all interested parties in the field of international trade for a long time.
Pamboridis closes its Limassol office
Owing to a number of factors, Pamboridis has decided to suspend the operations of its Limassol office.
Walker Morris announces partner and director promotions in key growth areas
Walker Morris announces two partner promotions as well as eight director promotions.
Post-termination restrictions: how useful is a stick without a carrot? download
It is debatable how useful post-termination restrictions are and to what extent they can really provide any protection.
Piercing the corporate veil under the new Kuwait Companies Law download
Under the new Companies Law No 25 of 2012, there are several utilities available for stakeholders to hold certain individuals accountable for their actions.
Data Protection Policies — update from Global Data Hub weblink
Taylor Wessing has added a fresh batch of data-protection-focused content to its Global Data Hub site.
New draft anti-commercial fraud law in UAE download
A new draft anti-commercial fraud law was endorsed in January 2013 by the cabinet in the UAE. The draft law is intended to replace Federal Law No 4 of 1979.
The new Abu Dhabi Department of Economic Development Business Centre download
The Abu Dhabi Department of Economic Development has recently launched its Abu Dhabi Business Centre.
Chambers Europe 2013 ranks Karanovic & Nikolic as leading law firm
Karanovic & Nikolic has reaffirmed its position as a leading law firm in Bosnia, Macedonia, Montenegro and Serbia.
Recent developments in Chinese merger control — MOFCOM shifts up a gear download
The Chinese Ministry of Commerce has stepped up its merger control activities on many fronts in recent weeks.
Life cycle of a services contract: what goes around comes around download
When negotiating a contract for the provision of services, the legal implications of TUPE should inform the commercial position of the parties.
Will compliance officers live up to Solicitors Regulation Authority's expectations? download
This is a time of significant change for the profession’s regulatory framework, with economic pressures affecting large and small law firms.
Australia's Federal Court rules in RCF download
Recently, the Federal Court of Australia handed down its decision in Resource Capital Fund III LP v Commissioner of Taxation [2013] FCA 363 (RCF).
Anti-counterfeiting action in Kuwait download
Like many other jurisdictions in the Middle East, trade in counterfeit goods in Kuwait poses a significant challenge for brand owners.
Foreign award enforceable against company in liquidation download
On 19 April 2013, the Federal Court of Australia handed down its judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356.
Key judgment reveals BVI court’s approach to jurisdiction in unfair prejudice claims download
Justice Bannister has given a clear indication of the approach that the BVI Commercial Court will take to forum challenges in the context of claims for unfair prejudice under section 184I of the BCA 2004.
West Tankers: no escape? Damages for breach of arbitration clause permissible under EU law download
The Commercial Court has confirmed that there is no principle of EU law that requires an arbitral tribunal to decline to hear a claim for damages for breach of an arbitration agreement.
Appleby acts as Jersey counsel for placement of seven-year Eurobond
Appleby has acted as Jersey counsel in relation to the successful placement of a seven-year Eurobond.
Up to Date: April 2013 — employment issues weblink
Addleshaw Goddard’s Up to Date publication (April 2013) is available to download.
King & Wood Mallesons advises on $1bn Coles-ISPT property deal
King & Wood Mallesons has advised Coles on a strategic long-term alliance with ISPT.
Supreme Court denial of certiorari leaves exclusive dealing and loyalty discount jurisprudence in flux download
The treatment of exclusive dealing and loyalty discounts is in a state of flux.
Fewer opportunities seen for foreign whistleblowers download
Initial expectations that the Dodd-Frank whistleblower bounty programme would have broad reach have been tempered by SEC rule making and recent court cases.
Appleby retains ranking as top provider of legal services to commercial property sector
Appleby has retained its top ranking as a leading provider of legal services to the commercial property sector, according to Chambers and Partners Europe.
Walker Morris lawyers advise Symington's on the licensing of Unilever's wet sauces portfolio
Walker Morris has advised Symington’s on an agreement with Unilever whereby it will license Unilever’s wet sauces portfolio in Australia and New Zealand.
Procurement Update — Spring 2013 weblink
The spring 2013 issue of Walker Morris’s Procurement Update covers topics such as the EU procurement reforms, the Utilities Directive and NHS healthcare services.
Olswang acts for F&C REIT in acquisition of Dollar shopping centre portfolio for £250m
Olswang has advised F&C REIT in a transaction to acquire the Dollar shopping centre portfolio in a club deal from the Grosvenor Estate for a total consideration of approximately £250m.
Hogan Lovells advises YSL on acquisition of a stake in its Gulf business
Hogan Lovells has advised YSL on the acquisition of a stake in its Gulf business through a joint venture with Al Tayer Group.
Jordan: employee share-option plans download
Jordan Securities Commission Instructions for Conferring Share Options on Public Shareholding Companies’ Employees stipulates the conditions for conferring share-option plans on employees.
Merger Control — Finland chapter download
The second edition of Global Legal Insights’ Merger Control publication is available now. Here, Krogerus presents the Finland chapter.
Appleby announces partner promotions and counsel appointments
Appleby has announced the promotion of three lawyers to the partnership and the appointment of five lawyers to the position of counsel.
Shoosmiths on good faith: High Court decides to swim with the tide and recognise fair dealing download
In Yam Seng Pte Ltd v International Trade Corporation Ltd, the High Court recognised an implied duty of good faith and fair dealing.
International patent filing systems — PCT and GCC patents download
Companies large or small or anyone with a commercially attractive product should consider international markets.
Grounds for setting aside arbitration awards download
Commercial action was filed before the Dubai Court by a subcontractor (Party A) against (Parties B and C — together the Defendant Parties).
DLA Piper focuses on Olympic Airlines SA v ACG Acquisition XX LLC download
A recent Court of Appeal judgment has been welcomed by many participants in the aircraft leasing industry.
Mills & Reeve set to merge with George Davies
Mills & Reeve has announced that it will be merging with Manchester firm George Davies on 1 June 2013.
Guide to Guernsey foundations download
This guide is intended to provide basic information needed to answer questions on Guernsey foundations and the migration of foreign law foundations to Guernsey.
Walker Morris advises NorthEdge Capital on its investment in Help-Link
Corporate lawyers from Walker Morris have advised private equity firm NorthEdge Capital on its investment in Help-Link.
Fighting counterfeit trade in Dubai download
There is an area in one of the older districts in the emirate of Dubai that is well known for an abundance of ‘genuine fakes’.
A new Iraqi e-commerce act — a new move to openness download
The Electronic Signature & Electronic Transactions Law No. 78 of 2012 was approved by Iraq’s Presidential Council on 18 October 2012.
Health and safety
Whatever the size or nature of your business or organisation, ensuring that you meet the requirements of health and safety legislation can be challenging.
Business secretary Vince Cable opens Mills and Reeve's new Cambridge office
Business secretary Vince Cable has opened Mills & Reeve’s new Cambridge office.
Commercial
Our commercial lawyers are experts from across a wide range of specialist legal disciplines.
Mourant Ozannes expands its Guernsey corporate practice
Barney Lee will be joining Mourant Ozannes as a partner in the Guernsey corporate practice.
Karanovic & Nikolic set to hold essay competition for Belgrade law students
Karanovic & Nikolic will hold an essay competition for final-year law students of the University of Belgrade Law Faculty.
Tenant's right to end a business tenancy: a simple guide to Section 27 of the 1954 act download
Section 27 of the Landlord and Tenant Act 1954 provides the tenant that does not wish to renew its tenancy with a flexible right to end the tenancy on or after contractual expiry.
Olswang and Social Enterprise Association launch SE partner programme in Singapore
Olswang and the Social Enterprise Association have launched the Social Enterprise Partner Programme.
Shoosmiths announces 2013 promotions
Six new partners are among 22 promotions at Shoosmiths. The partners are joined in the law firm’s 2013 round by 16 new senior associates.
Seed investment scheme begins to take root — SEIS extended download
The Budget 2013 contained a number of measures to extend the capital gains tax relief for re-investing gains in Seed Enterprise Investment Scheme shares.
Ambassador Attilio Massimo Iannucci joins NCTM as of-counsel
Ambassador Attilio Massimo Iannucci, an expert in international law, has joined NCTM Studio Legale Associato as of-counsel.
Launch of high-growth segment of the London Stock Exchange main market download
The London Stock Exchange launched a high-growth segment to its main market on 27 March 2013.
Contract Law Update — April 2013 weblink
The April 2013 issue of King & Wood Malleson’s Contract Law Update is available now.
Judgment could affect operators in waste management, utilities and manufacturing download
In March 2012, the Court of Appeal gave judgment in the case of Barr and others v Biffa Waste Services Ltd [2012].
Registration of charges at Companies House — a summary of the changes download
After various consultations and draft versions of the proposed regulations, the new revised regime for the registration of charges is due to come into force on 6 April 2013.
Olswang announces re-election of David Stewart to post of chief executive officer
Olswang has announced the re-election of David Stewart as chief executive officer to lead the international law firm for the next three financial years.
Workplace Essentials — April 2013 weblink
King & Wood Mallesons has released the April 2013 edition of its Workplace Essentials publication.
Be prepared — superannuation obligations increase 1 July 2013 download
In March 2012, the Federal Government enacted the Superannuation Guarantee (Administration) Amendment Act 2012.
US SEC provides Regulation FD guidance on use of social media download
The SEC has issued new guidance permitting companies to use social media such as Facebook and Twitter to disclose material information provided that investors are first alerted to the sites that will be used.
The remedial constructive trust: a new proprietary remedy? download
In IKEA v Hauxwell-Smith and others (10/2012), IKEA was found to have been the victim of serious procurement irregularities involving Mr and Mrs Hauxwell-Smith between 1998 and 2000.
Resolution — spring 2013 download
Appleby has released the spring 2013 edition of its Resolution offshore publication.
Increasing public awareness of the Data Protection (Jersey) Law 2005 download
The increasing public awareness of the existence of the Data Protection (Jersey) Law 2005 has led to an increase in queries and complaints in respect of the control of ‘personal data’.
English court approves payment for votes in favour of a financial reorganisation download
In the past 10 years, 105,290 companies have been registered in the Cayman Islands. However, the number of companies on the Cayman Islands Corporate Register has only increased from 64,495 to 92,964.
Re Yung Kee Holdings case — resolving shareholder disputes download
The decision in the case of Re Yung Kee Holdings has highlighted some of the issues that can arise in resolving shareholder disputes where offshore companies are used to hold assets and businesses elsewhere.
National Policy Planning Framework: a year on — the winners and losers by sector download
This article revisits the substantive policies of the NPPF and considers its impact on the retail, office and residential sectors.
Insurance contract law review — update on current position download
With the Consumer Insurance (Disclosure & Representations) Act 2012 coming into effect on 6 April 2013, Hogan Lovells takes a closer look at its potential impacts.
US FDA’s changing culture: what every food company needs to know download
The US Food and Drug Administration is undergoing a major culture change, and nowhere is that impact being felt more than in the food industry.
The new Kuwaiti companies law download
A new companies law has been recently promulgated in Kuwait.
Multi-sourcing: performance incentives download
Incentivising performance in an IT contract requires a panoply of commercial and contractual incentives and sanctions.
Olswang infographic provides shopping centres market overview
This infographic provides an overview of the shopping centres market.
Economic sanctions against Iran download
Local and international companies in the Middle East must be compliant with several jurisdictions at the same time.
Draft Jordanian Investment Law download
The Draft Jordanian Investment Law is intended to attract and encourage both local and foreign investment in Jordan.
Advertising jury on warnings for medical products download
Interpretation of section 25 of the Self Regulation Code of Marketing Communication.
Shoosmiths extends its Manchester team
Shoosmiths has reached 100 employees at its Manchester office.
Minority shareholders: how far do your rights extend? download
The High Court has examined whether minority shareholder protection afforded by the Companies Act 2006 extends to a holder of beneficial interest in shares.
Carrier's responsibility under international conventions download
This article from Al Tamimi will examine only the carrier’s responsibly under the CMR, HVR and RR conventions.
Determining the law of an arbitration agreement: the Sulamérica test in practice download
A recent decision of the English Commercial Court has clarified the legal test for determining the governing law of an arbitration agreement.
International partner completes 'Brazilian Commercial Law' book-launch tour
Chadbourne international partner completes book-launch tour.
Tesco price promise and changes to comparative advertising weblink
The Tesco price promise that hit the news recently has come in for criticism from industry analysts and competitors.
UK Regulatory Update — Issue 6: roadmap to PRA and FCA interaction download
Taylor Wessing has released issue six of its UK Regulatory Update.
Conyers Dill & Pearman tops Legal 500 UAE offshore rankings
Conyers Dill & Pearman has earned top marks in the UAE offshore category of Legal 500’s EMEA directory.
Lawyer rating publication recognises Ince & Co's Super Lawyers and Rising Stars
Thomson Reuters’ Super Lawyers publication recognises Ince & Co.
Amendments to German export control law enacted download
On 1 March 2013, the Federal Counsel (Bundesrat), the second German parliamentary chamber, approved the amended Foreign Trade and Payments Act (Außenwirtschaftsgesetz, or AWG).
Ahmed Jaafir from Al Tamimi presents on Qatar exporting opportunities at seminar
Al Tamimi’s Ahmed Jaafir focuses on Qatar exporting opportunities at Dubai Exports seminar.
The Hong Kong Sevens: tackling seven issues in the licensing of 'regulated activities' download
Regulators across the globe have been increasingly proactive in detecting and taking action against unlicensed activities. Take the Hong Kong Securities and Futures Commission as an example.
Chambers Global ranks Conyers as a Band 1 firm in global offshore
Conyers Dill & Pearman has been highly ranked in the 2013 edition of Chambers Global.
The relevance of market expert evidence in determining whether a deal has been done download
Court considerations during Proton Energy Group SA v Public Company Orlen Lietuva [2013] EWHC (Comm).
Chambers Global 2013 — DLA Piper full ranking summary download
DLA Piper has released a summary of all of the firm’s rankings and editorial commentary in Chambers Global 2013.
Changes to the Companies Winding Up Rules download
The Companies Winding Up (Amendment) Rules 2013 came into operation on 1 March 2013. Orders 3, 8, 9, 11, 15, 19 and 25 of the Companies Winding Up Rules 2008 have been revoked and replaced by new orders.
UK to tighten B2C unfair terms rules on pricing and cancellation download
The UK law commissions are recommending fine-tuning to two aspects of the unfair terms regime.
The use of children in peer-to-peer marketing and as brand ambassadors download
The CAP recently published a new help note for marketers to ensure that the use of children in peer-to-peer marketing and as brand ambassadors is undertaken responsibly and in accordance with the rules in the CAP Code.
Business immigration — Tier 2 April changes download
On 6 April, the UK Border Agency will introduce changes to the Tier 2 immigration rules that will affect UK employers.
CSSF regulation 12–02 on the fight against money laundering and terrorist financing download
On 16 January 2013, the CSSF published the circular letter 13/556 announcing the entry into force of the CSSF regulation no. 12–02 of 14 December 2012 on the fight against money laundering and terrorist financing.
Bermuda — the next chapter of business download
The next chapter of business in Bermuda looks bright and ready to meet the emerging challenges of the evolving global economy.
Basma Al Sulaiman v Credit Suisse Securities (Europe) and Plurimi Capital download
Addleshaw Goddard has successfully defended Plurimi Capital from a $30m (£20m) mis-selling claim.
International arbitration and interim applications: jurisdictional issues download
International arbitrations often involve parties resident in jurisdictions that are not the same as the seat of the arbitration.
First Australian over-the-counter derivatives rules are out download
The Australian Securities and Investments Commission has taken the first concrete step to the actual implementation of G20 derivatives reforms in Australia.
Hogan Lovells announces formation of the Coalition for Privacy and Free Trade
Hogan Lovells has announced the formation of the Coalition for Privacy and Free Trade.
Thomson Reuters recognises Olswang attorneys in 2013 Super Lawyers list
Olswang has announced that 28 of its attorneys have been recognised by Thomson Reuters in its 2013 London Super Lawyers and Rising Stars lists. Partner Eleni Skordaki has also been listed in the Top 50 Women in London.
Taylor Wessing advises MML on acquisition of a majority stake in the ATA Group
Taylor Wessing has advised MML Capital Partners LLP on ATA Group investment.
Olswang advises Dundee International REIT on financing for office portfolio acquisition
Olswang advises Dundee International REIT on €257m financing for the acquisition of SEB Asset Management’s office portfolio.
KWM advises HeidelbergCement on agreement to control Cement Australia
King & Wood Mallesons advises HeidelbergCement on Holcim joint venture agreement to control Cement Australia.
Patrick Sherrington comments on growth plan for UK legal services sector
Hogan Lovells’ Patrick Sherrington comments on MoJ’s ‘Plan for Growth’ for the UK legal services sector.
Relaxing the regime on company names download
The government is seeking views on proposals to reduce restrictions on company names, which are widely seen as the cause of confusion and delay in the registration process.
US DoJ and SEC guidance on the Foreign Corrupt Practices Act download
For the past 10 months, the US Department of Justice and the Enforcement Division of the Securities and Exchange Commission have advised the public that they are in the process of drafting guidance for companies regarding the requirements of, and prohibitions within, the US Foreign Corrupt Practices Act.
International trade
King & Wood Mallesons was one of the first Chinese law firms to provide legal services in the international trade law area.
Supreme Court holds proof of materiality not required to certify securities fraud class action download
On 27 February 2013, the Supreme Court held plaintiffs in a Rule 10b-5 securities fraud class action for damages need not prove materiality to obtain class certification.
Late payment of commercial debts: new developments of interest download
The Late Payment of Commercial Debts Regulations 2013 comes into force on 16 March 2013, affecting commercial contracts for the supply of goods or services entered into after that date.
Variations and indulgence clauses — avoiding inadvertent release of guarantees weblink
A guarantor’s liability is contingent upon the underlying obligations it has guaranteed. If those underlying obligations are altered, the guarantor can be released.
Regulating right — how new British Virgin Islands reforms work download
Michael Burns, Nadia Menezes and James McConvill explore the implications of recent British Virgin Islands reforms.
The 2013 AGM and reporting season download
As the 2013 AGM and reporting season begins, we highlight the key developments and trends that listed and AIM companies should consider as they prepare for this.
Important amendments to Turkish merger-control filings download
The Turkish Competition Board (‘TCB’) recently amended the notification thresholds and rules relating to mergers and acquisitions.
On Board — a publication for boards of Australian public companies download
On Board is an occasional publication for non-executive directors of Australian public companies and other large organisations.
Late-payment rules — what's changing? What drafting changes do you need to make? download
Minor changes to the UK’s late-payments regime take effect on 16 March 2013. Organisations should review B2B contracts for goods and services to ensure payment periods do not fall foul of the amended rules.
Corporate and commercial
The Corporate and Commercial department is made up of 82 professionals, including 22 equity partners and 14 salary partners. We are lawyers and chartered accountants.
International trade
We provide assistance to clients engaged in cross-border operations, as well as to companies that sell goods and services in different countries.
Italian and European Community administrative law
NCTM has extensive experience in Italian and European Community administrative law.
Burying the phoenix company: ASIC's new regulatory guide 242 download
Following consultation with stakeholders about its new powers to wind up abandoned companies, on 8 November 2012 the Australian Securities and Investments Commission (ASIC) released a Regulatory Guide titled ASIC’s power to wind up abandoned companies.
Directors' and officers' duties download
This summary provides an overview of the obligations of directors of unlisted Australian companies.
Doing business in Australia download
Australia offers one of the safest and most business-friendly environments for foreign investors and multinationals in the world.
Combating late payments in commercial transactions — exceptions download
The general rule of the newly adopted Law on the Terms for the Settlement of Monetary Obligations in Commercial Transactions is that all payments between business entities have to be settled within 60 days.
Dietetic products – New rules download
New amendments to the Regulation on Health Conformity of Dietetic Products have entered into force on 28 May 2012.
Gifts to public officials and healthcare professionals download
The provision of gifts and hospitality to public officials has recently been the subject of a number of news stories in the Serbian media.
New consequences for late payments in commercial transaction download
The Serbian Parliament passed the Law on the Terms for the Settlement of Monetary Obligations in Commercial Transactions on 15 December 2012.
OFT publishes final report on the Payday Lending Compliance Review weblink
The OFT has found a widespread lack of compliance on the part of licensed businesses in the payday lending market.
Repeal means COBO consent is not required for borrowings by Guernsey companies download
COBO consent is no longer required for borrowings by Guernsey companies.
Chinese white liquor producers fined for setting distributors' resale prices download
NDRC’s Guizhou and Sichuan offices have imposed fines of RMB247m and RMB 202m on Chinese white liquor (‘baijiu’) makers Maotai and Wuliangye respectively.
Appleby advises on Hong Kong-listed Guoco Group's $1.1bn privatisation
Appleby has acted as Bermuda counsel for GuoLine Overseas in Guoco privatisation deal.
The Securities Investment Business Law download
Mourant Ozannes focuses on the Securities Investment Business Law.
Employers subject to US FMLA should ensure they are compliant with the revised regulations download
The US Department of Labor has updated the Family and Medical Leave Act regulations.
Recovery of VAT on transaction costs download
It is important that transactions are structured so that VAT on transaction costs may be recovered where possible by the Bidco.
Walker Morris 'In Brief — March 2013' weblink
Walker Morris has released its In Brief publication for March 2013.
Late-payment directive download
The European Commission has passed a number of directives relating to late payment, the latest of which is Directive 2011/7/EU.
Temperature at work download
The responsibilities of employers to provide a comfortable work environment for employees.
Powers of foreign officeholders — guidance from the Cayman Islands Grand Court download
Cayman Islands Grand Court gives guidance on powers of foreign officeholders.
Worldwide anti-corruption initiatives — a comparison of UK and US legislation download
This Bribery Act update from Ince & Co compares the UK Bribery Act with the US Foreign Corrupt Practices Act.
Ince & Co looks at passing costs liability down a charterparty chain download
Judgment deals with recoverability of costs of an arbitration as damages in a series of arbitration references.
Who's Who Legal recognises King & Wood Mallesons as world-leading M&A practice
King & Wood Mallesons has been named as one of the world’s most highly regarded mergers and acquisitions (M&A) practices by Who’s Who Legal for 2013.
Legal guide — holding companies in Cyprus download
Pamboridis offers a legal guide to holding companies in Cyprus.
Legal guide — incorporating a Cyprus company download
Pamboridis offers a legal guide to incorporating a Cyprus company.
Exclusion clauses: top drafting tips and recent developments download
A recent Court of Appeal case has highlighted the pitfalls when trying to rely on exclusion clauses.
Penalty clauses and liquidated damages: traps for the unwary download
A recent judgement has reignited debate about ‘take or pay’ clauses.
What is good faith? download
Issues can arise when obligations of ‘good faith’ are drafted into agreements without adequate precision.
The law of unintended consequences? Professional liability for fall in property value weblink
Court decision could lead to an increase in the number of claims against professionals.
Corporate and commercial law
Bowman Gilfillan has been a leader in the South African market for corporate law services for more than a century.
Commercial property
Bowman Gilfillan offers specialist advice in relation to all commercial property transactions.
Warranty or representation — decision over the £16.75m question download
A recent English High Court decision is a reminder of the crucial practical distinction between warranties and representations.
Shoosmiths has appointed business dispute expert Kath Livingston as partner
Shoosmiths appoints business dispute specialist Kath Livingston as partner.
Fashion lawyers are en vogue download
There is an increasing number of lawyers specialising in so-called ‘fashion law’.
IP, commercial, communication and technology
We advise on the legal and regulatory aspects of the intellectual property, commercial, communication and technology sectors in which our clients operate.
Pamboridis selects Yiota Kythreotou Theodorou as managing partner
Pamboridis names Yiota Kythreotou Theodorou as managing partner.
Pamboridis picks Electra Papadopoulou Makedona as non-contentious head
Pamboridis has appointed Electra Papadopoulou Makedona as head of non-contentious department
King & Wood Mallesons represents Daimler AG in BAIC Motor transaction
King & Wood Mallesons has represented Daimler AG in a transaction involving BAIC Motor.
Iran sanctions developments download
This alert provides an update regarding US sanctions against Iran. As noted in previous updates, the US continues to expand sanctions against Iran.
UAE court's jurisdiction in commercial agency agreements download
When it comes to arbitration in the UAE, the general rule is that courts would not entertain any action related to a dispute arising from the execution of an agreement in which the parties have agreed to arbitrate.
Performance bonds in Qatar — contracts strike back download
This article sheds some light on the treatment of performance bonds under Qatari law. It identifies the ways in which a contractor may resist the arbitrary encashment of such instruments.
Kuwait: new companies law download
A positive step has been taken by the Parliament of Kuwait to reflect the changes that have occurred over the past years concerning commerce and industry in the GCC region and in various economies around the globe.
Appropriation of financial collateral: relief available download
The Privy Council recently considered whether a security provider whose collateral had been appropriated as allowed by the Financial Collateral Arrangements (No.2) Regulations 2003 was entitled to relief from forfeiture.
Chadbourne's Marc Alpert recognised as 'All-Star MVP' by BVI Consulting Group
Chadbourne’s Alpert is named ‘All-Star MVP’ in the BTI Client Service Law Firm All-Stars 2013 survey.
Hogan Lovells represents Kingdom Holding Company in 360Buy Jingdong transaction
A Hogan Lovells team has represented Kingdom Holding Company in a transaction including 360Buy.
DLA Piper's Tony Angel joins delegation to boost UK business relationships with India
DLA Piper global co-chairman joins business delegation to India.
Corporate and commercial Law
Our team has the skills, experience and resources to provide assistance on all aspects of corporate transactions and commercial contracts.
New York Law Journal — economic interest defence to tortious interference claims download
Commercial update focuses on the economic interest defence to tortious interference claims.
Penalty clauses — how to spot them and how to avoid them download
As highlighted by a recent High Court decision, any party hoping to rely on forfeiture clauses, put and call arrangements or compulsory buy-back provisions will need to ensure that they do not constitute unenforceable penalties. We look at the practical points to consider arising from the case.
Hogan Lovells partner discusses plan to reform General Product Safety Directive
Rod Freeman, a partner at Hogan Lovells, has commented on the European Commission’s proposals for reform of the General Product Safety Directive (2001/95/EC) — or GPSD — describing the measures as being of an ‘evolutionary nature’ while having ‘important practical implications’ to those who manufacture, distribute or sell products.
Commercial law contracts
Our lawyers have extensive experience in negotiating, drafting and concluding complex and often sensitive commercial contacts for a broad range of clients.
Corporate and commercial
We advise clients on all aspects of company law, including matters related to annual and extraordinary general meetings of shareholders.
OC turns to Stephenson Harwood for City partner hire
OC has recruited Stephenson Harwood commercial and outsourcing partner John Buyers in the latest hire into its City base.
Al Tamimi announces partner promotions across the Middle East
Al Tamimi & Company has announced a series of partner promotions across the Middle East.
Mergers and acquisitions
We handle some of the biggest and most significant mergers and acquisitions (M&A) deals in the Middle East.
Family business
Our Family Business Practice is the market leader in the GCC region and is dedicated to building and engineering the legal structures and binding understandings necessary to insulate family-controlled businesses and assets from external threats and internal family dialogue debates.
Commercial advisory
Al Tamimi & Company’s Commercial Advisory practice provides a comprehensive range of advice in the areas of general commercial and advisory; joint ventures; commercial agencies; consumer protection and competition; and anti-corruption.
Venture capital
The Curtis Venture Capital practice guides investors and emerging companies in executing successful transactions that provide potential for growth and meet expectations for return on investment.
International trade
The Curtis international trade group provides clients with practical solutions to global trade, international investment, market access and export control issues.
Internal investigations
Attorneys in the Curtis Internal Investigations practice advise companies investigating potential issues of misconduct within their own organisations.
ERISA, executive compensation and employee benefits
The Curtis ERISA, Executive Compensation and Employee Benefits practice represents clients including national and multinational corporations and partnerships, corporate executives, boards of directors, single- and multi-employer plans and ERISA fiduciaries.
Commercial litigation and arbitration
The Curtis Commercial Litigation and Arbitration group represents domestic and international clients in state and federal courts throughout the US and in arbitral tribunals in venues throughout the world.
Mergers and acquisitions
Lawyers in our mergers and acquisitions (M&A) practice have extensive experience in the full range of sophisticated M&A transactions, ranging in size from a few million to billions of dollars.
Commercial litigation
Chadbourne’s litigation department has earned a national reputation for excellence in high-stakes, high-profile civil business disputes.
International trade
Our international trade practice helps open markets and resolve trade disputes.
Employee relations and safety
Our team helps clients manage the legal, commercial and reputational risks associated with employment, OHS and industrial relations issues.
Listing and Prospectus Rules update: A round-up of changes to the UK FSA Handbook in 2012 download
In January 2012, the UK Financial Services Authority published a consultation paper in which it set out numerous proposals for changes to the Listing Rules, Prospectus Rules and Disclosure Rules and Transparency Rules.
Proposed changes to Guernsey Insolvency laws download
The Guernsey States of Deliberation have approved changes to the Companies (Guernsey) Law, 2008 (the “Companies Law”), which include several key changes affecting insolvencies in Guernsey.
Corporate and commercial
Appleby’s corporate and commercial lawyers are part of a truly international practice operating from our offices in Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Hong Kong, the Isle of Man, Jersey, London, Mauritius, the Seychelles and Zurich.
The Limited Liability Partnerships (Jersey) Law: An introduction download
These notes are intended to provide an introduction to the main features of the Limited Liability Partnerships (Jersey) Law.
Antitrust Alert: DOJ sues to block Bud Light and Corona combination download
The Department of Justice has filed a civil antitrust lawsuit challenging the $20 billion proposed acquisition by Anheuser-Bush InBev of the remaining 50 per cent interest in Grupo Modelo S.A.B. de C.V.
Relocation and high earners
Whatever your requirements, Acumum can assist you in either establishing or relocating an existing business to Malta.
Legal and industry support
Our seasoned, internationally experienced professionals can offer added-value LPO services to your organisation.
Company formation and services
Proactive and experienced, we ensure that the correct corporate form is registered to suit your business objectives, along with minimising any taxation obligations.
Commercial
We can deal with commercial and contractual matters covering a broad spectrum of our clients’ business transactions and in doing so we provide each client with the right person for their particular matter, whilst retaining an efficient degree of continuity.
Sourcing, procurement and supply chain
Olswang understands that the success of a modern business is increasingly dependent on having successful relationships with its suppliers.
Commercial contracts
Commercial contracts work is at the heart of the firm and its reputation; we take pride in being at the leading edge, rather than playing a supporting role in transactions.
Commercial
Addleshaw Goddard has one of the most experienced teams of commercial lawyers in the country incorporating expertise in IP, sport, defamation, IT and business process outsourcing, commercial contracts, brands and designs, data and information and competition and procurement.
Commercial agreements
With more than 200 corporate and commercial lawyers worldwide, we have a team with the breadth and depth of experience to deal with almost any commercial matter, national and international
Coordination but no consolidation: internal draft bill on group insolvencies in Germany download
We have reviewed an internal draft of the German Federal Ministry of Justice (Bundesjustizministerium) of a Bill to Facilitate the Handling of Group Insolvencies.
Commercial contracts
Robust commercial contracts are central to the success of all businesses. We understand that at Shoosmiths. That’s why we have one of the largest dedicated commercial law teams in the UK.
Commercial and healthcare
Responding to market demands for an integrated approach to serving clients, we have created a regional practice group composed of leading corporate, IP and regulatory lawyers that are fully briefed on the latest developments.
Commercial and corporate
Our commercial and corporate lawyers are known for their responsiveness, their value for money and their pragmatism.
International trade and commodities
Ince’s international trade and commodities group has for many years been a leading provider of legal services to the world’s major commodity trading companies.
Commercial disputes
Ince & Co has a global reputation for the astute handling of commercial disputes. More than 80 partners and 150 associates specialise in dispute resolution.
Data protection — not just the responsibility of the employer download
One bank employee is going to be on Santa’s naughty list this year after a court found her guilty of data protection offences earlier this month.
Religion at work: new ECHR ruling download
The European Court of Human Rights has handed down a judgment considering the right of individuals to manifest their religion in the workplace.
On your NED be it: a reminder of the expectations of the role of non-executive directors download
On 18 January, the Institute of Chartered Secretaries and Administrators (ICSA) published a guidance note on the liability of non-executive directors (NEDs).
BIS launches new code of practice for age restricted products download
The Department of Business Innovation and Skills (BIS) has published a new Age Restricted Products Code of Practice.
Update: government consultation on employee ownership and share buy backs download
The BIS report on the Nuttall Review of Employee Ownership was published in July 2012. BIS has now completed the next stage in its implementation programme.
Warranties and representations — why it matters download
In Sycamore Bidco Ltd v Breslin, the High Court considered whether express warranties in a share sale agreement could also found an action for misrepresentation.
Action by ROT suppliers: effective enforcement of your claim download
Important points for ROT suppliers wishing to maximise their chances of recovery.
Are you breaching your ongoing duty of care under the Data Protection Act? download
A 2012 case shows how easy it can be to fall short of obligations imposed by the Data Protection Act.
Commercial contracts
We provide commercial contract support for in-house legal teams and also handle major projects and business-critical contracts for companies across sectors. The team has dedicated commercial lawyers who at any one time will be working on deals ranging from straightforward agreements to complex multi-party projects spanning multiple jurisdictions.
Budget changes: entrepreneurs' relief and EMI options download
A brief overview of the Finance Bill 2013.
Christine Tacon appointed first Groceries Code adjudicator download
Christine Tacon has been appointed to the newly created role of independent Groceries Code adjudicator.
Collective redundancies: 90-day consultation period to be halved from April 2013 download
Government cuts large-scale collective redundancy consultation period to 45 days.
Consensual disposal: osteopaths download
The General Osteopathic Council is undertaking a consultation process into the use of ‘consensual disposal’.
Commercial
Walker Morris’s Commercial Group is one of the largest commercial teams outside London. We offer a formidable legal resource blending the technical and commercial skills necessary to deal with complex, innovative and practical legal and commercial issues, whether as one-off transactions or as part of ongoing business relationships.
E.ON UK plc v Gilesports Limited : Section 1(3) of the Landlord and Tenant Act 1988 download
A tenant application for consent to assign a lease can sometimes prove a fractious affair and can strain relations between landlord and tenant.
The Queen’s Speech: legislative programme 2012–2013 download
The Government used the Queen’s Speech to start its ‘fight-back’ following poor local election results for both the Conservatives and Liberal Democrats.
Commercial
We assist our clients as they operate, regulate and grow their businesses, helping them to manage their existing commercial relationships, form alliances and expand into new markets.
The Appleby 2012 offshore round-up: company law download
Appleby’s review of the key company law decisions handed down in the leading offshore jurisdictions during 2012.
Guide to winding up of solvent and insolvent Jersey companies download
The purpose of this Guide is to outline the procedures to wind up Jersey registered companies, the circumstances in which transactions entered into by an insolvent company may be set aside, and the circumstances in which a company’s officers and managers may incur civil or criminal liability.
Guide to summary winding up of a Jersey company download
This Guide describes the steps to be taken to summarily to wind up a Jersey limited company.
Guide to listing on Trop-X download
The first Seychelles Securities Exchange was launched at the end of November 2012 and will provide facilities for the listing and trading of securities issued by companies and investment entities.
Directors’ concerns: who is (and who is not) a director? download
The definition of ‘director’ under the Companies (Jersey) Law 1991 is, paradoxically, both straightforward and circular.
Guide to cell companies in Jersey download
This Guide explains the concept of the cell company which culminated in the inclusion of the Companies (Amendment No. 8) (Jersey) Law 2005 of Part 18D of the Companies (Jersey) Law 1991.
Directors’ duties: what are they and to whom are they owed? download
The law is specific that a director must act ‘with a view to the best interests of the company’. Identifying what this means is more difficult.
Directors' concerns: unfair prejudice and rights issues download
Finding a path between conflicting interests that affect the company is a challenge directors must meet.
Directors’ concerns: facing insolvency and wrongful trading download
The range of options for a Jersey company that is in financial difficulty is relatively limited.
Directors' concerns: distributions and dividends download
Directors need to consider the interests of shareholders when running the company.
Equity capital markets: Roadmap of a listing in London download
Hogan Lovells has prepared a roadmap of the key issues to consider when planning your listing in London.
Representation or Warranty? download
A recent English High Court decision reminds us the vital differences between representations and warranties - features that are commonly, but unwisely, glossed over when drafting agreements.
Equity capital markets: Proportionate disclosure checklist download
In September 2009, the European Commission published proposals to amend the Prospectus Directive with the aim of simplifying its application and increasing efficiency.
New filing form to increase burden in Chinese merger control process download
On 6 June, 2012, China’s Ministry of Commerce (MOFCOM) posted online a revised template form for filing merger clearance applications in China.
London: Equity Capital Markets download
Whilst there has been a global decline in the number of new public listings, the UK has long been a popular listing destination.
Client note: doing business in Germany download
German law offers numerous alternatives for pursuing entrepreneurial activities. The corporate legal forms available for this purpose are for the most part defined in German statutory regulations which may be modified by contractual provisions to a greater or lesser extent.
SEIS and EIS: Time for reflection download
From 6 April 2012, the Seed Enterprise Investment Scheme (SEIS) was introduced enabling certain individual investors to benefit from generous tax reliefs for investing into start up companies.
Retailer's guide to Poland download
Retail is a highly competitive industry in any market and when an investor considers whether to expand into other countries.
New CSRC guidance for overseas listing by Chinese companies download
The China Securities Regulatory Commission (“CSRC”) released its Regulatory Guidance on Application Documents and Examination Procedures of Issuing Shares Abroad and Overseas Listing by Company Limited by Shares (“Guidance”) on 20 December 2012.
Disclosing inside information: Can investors still be brought ‘over the wall’? download
A string of recent, high-profile enforcement actions by the FSA has highlighted the risk for companies and financial advisers of improperly disclosing inside information.
Executive remuneration: changes in 2013 download
Coming reforms intend to ‘strengthen the hand of shareholders to challenge excessive pay’ and include the introduction of a binding vote on a company’s future pay policy.
Excessive director remuneration download
Section 994 of the Companies Act 2006 gives the shareholders of a company the right to issue proceedings against that company where they feel that the company has been or is being conducted in a manner that is unfairly prejudicial to the shareholders.
Introduction to employee-ownership download
Businesses can engage people to work for them on many different terms. They may have full-time, part-time or fixed-term employees, workers or self-employed individuals.
Hong Kong and mainland China to provide for mutual recognition of retail funds download
The Hong Kong Securities and Futures Commission (SFC) announced on 23 January 2013 that it has been working closely with the China Securities Regulatory Commission (CSRC) to provide for the mutual recognition of retail funds authorised in Mainland China and Hong Kong.
Conyers’ Hong Kong office wins five China Business Law Journal Deal of the Year awards
Conyers Dill & Pearman’s Hong Kong office has won five China Business Law Journal Deal of the Year awards.
Can family companies survive the winds of change? A cry for legislative help download
Did you know that most of the successful businesses in the Gulf are in fact family owned?
Dubai: liability of shareholders in a limited liability company download
A Limited Liability Company as defined by Article 218 of the UAE Commercial Companies Law is a company in which the liability of its partner is limited only to the extent of their shares in the capital.
Convertible bonds — an overview download
Since 2009, approximately 10 issuances of convertible bonds have been made by Hong Kong-listed companies.
SFC consults the market about increased responsibilities for listing sponsors download
The Securities and Futures Commission (SFC) published its “Consultation Paper on the regulation of sponsors” on 9 May 2012.
Environmental, Social and Governance Reporting Guide to be implemented after 31 December 2012 download
An overview of the terms of Hong Kong stock exhange’s new Environmental, Social and Governance Reporting Guide and its ramifications for investors.
SEHK consults on listing rules changes resulting from the new inside information disclosure regime download
An analysis of a consultation paper published by the Hong Kong stock exchange proposing listing rule changes in the light of new inside information legislation.
Reducing capital by solvency statement – hints and tips for directors download
The ICAEW has recently issued a helpsheet on the reduction of share capital under the Companies Act 2006.
Pre-IPO Investments: The Dos and Don’ts download
A guide to the do’s and don’ts of initial public offerings on the Hong Kong stock exchange.
Payments for creditors to vote for proposals held not to be bribes download
A facilitation payment to encourage creditors to vote through the restructuring proposals of creditors’ debts has been held by the High Court not to be an illegal bribe.
New companies ordinance expected to take effect in 2014 download
Rewriting the Companies Ordinance (CO), Hong Kong’s primary corporate statute, was no doubt a long and arduous process.
Employee ownership – the future of the economy? download
2012 has seen the Government take steps to encourage employee ownership which, according to figures released by the Department for Business, Innovation and Skills (BIS), has become increasingly popular.
Springboard injunctions: your secret weapon against unfair competition download
An employee who wishes to compete with your business can obtain unfair competitive advantage. The so-called “springboard injunction” can come to your rescue.
Client alert: new U.S. sanctions on Iran download
The United States has enacted a new round of sanctions on Iran targeting non-U.S. companies that are conducting business with Iran related to shipping, shipbuilding, insurance, and metals.
Dealing with suppliers/customers in financial crisis download
In the current market and fragile economic climate you may be concerned about the commercial viability of your customers and suppliers and the impact that a corporate failure may have on your business.
2013 proxy season update — five key executive compensation considerations download
In addition to the normal disclosure required in the Compensation Discussion and Analysis portion of the annual proxy statement, companies should consider five other matters when preparing the 2013 proxy statement.
Hot 100: Tim Ross, Kelway video
Tim Ross (scroll down for video interview) had no small task when he became Kelway’s first-ever lawyer in 2010.
US SEC approves NYSE and Nasdaq listing standards on compensation committees and advisers download
On 11 January 2013, the SEC approved the NYSE and Nasdaq listing standards, as amended, to implement the SEC’s requirement that national securities exchanges prohibit the listing of any equity security of an issuer that does not comply with the SEC’s rules regarding the independence of compensation committees and their advisers.
Rule 10b5-1 plans: what you need to know download
Rule 10b5-1 plans are back in the news.
India proposes a revamp of its company law regime download
On 18 December 2012, the lower house of India’s parliament cleared the Companies Bill 2012, in a significant step towards replacing the more than 50-year-old Companies Act 1956.
European Commission publishes 2013 action plan on key changes to European company law download
The European Commission has published an Action Plan on European company law and corporate governance for 2013.
Selected issues for boards of directors in 2013 download
In the years since the financial reporting scandals and the Sarbanes-Oxley Act of 2002, and in particular following the financial crisis and the Dodd-Frank Act of 2010, boards of directors have faced greater burdens and more intense scrutiny of their activities and performance.
CSRC scraps quantitative thresholds for offshore listings by PRC companies download
China Securities Regulatory Commission, the securities regulator of the People’s Republic China, has scrapped quantitative threshold requirements for Chinese companies applying for offshore listings by promulgating new guidelines on 20 December 2012.
Goodman Derrick — a review of 2012 download
Goodman Derrick looks back at its achievements over the past year.
Mergers & Acquisitions and corporate governance report — December 2012 download
An overview of recent cases related to M&A and corporate governance.
EU Commission proposes 2013 action plan for company law and corporate governance download
On 12 December 2012, the European Commission published an Action Plan with initiatives it intends to undertake in 2013 in the fields of EU company law and corporate governance.
Hong Kong: regulation of IPO sponsors download
On 12 December 2012 the SFC published its Consultation Conclusions concerning the regulation of IPO sponsors in Hong Kong.
Public company priorities for the new year download
Looking ahead to 2013, directors, executives and general counsel of public companies can take some solace from the fact that 2012 was not a year in which a large number of significant new disclosure rules or governance requirements were adopted.
Russia’s accession to the World Trade Organization: challenges and opportunities for Russian companies download
On 22 August 2012, after 19 years of negotiations, the Russian Federation became the 156th member of the World Trade Organization.
Myanmar’s new foreign investment law download
This month has marked some significant milestones for Myanmar (also known as Burma) which, as a former pariah state, has recently emerged as the new investment hotspot in Asia due to its rich natural resources and untapped markets.
Consultation conclusions on the regulation of Hong Kong IPO sponsors download
On 12 December 2012, the Securities and Futures Commission published its eagerly anticipated consultation conclusions concerning the regulation of IPO sponsors.
Incentives for start-ups: update download
On 13 December 2012 the Italian Parliament adopted a law (the Law) to convert, with amendments, Law Decree No. 179 of 18 October 2012, aimed, inter alia, at promoting the establishment and growth of innovative start-ups in Italy.
State aid modernisation: EU Commission lays first cornerstones download
On 5 December 2012, the EU Commission issued an important package of proposals to amend Council Regulation 659/1999 governing State aid procedure and Council Regulation 994/982, which allows the Commission to exempt certain categories of State aid from the requirement of prior notification.
European Commission publishes directive to improve gender balance of listed companies download
The European Commission recently proposed a directive with the aim of accelerating progress to greater gender equality in corporate boardrooms.
EU proposes gender balance quotas for listed company boards download
On 14 November 2012, the European Commission adopted a proposal for a directive that aims to substantially increase the number of women on EU corporate boards.
Myanmar adopts new foreign investment law download
After a period of intense political wrangling and lengthy delays, on 2 November 2012 the President of Myanmar signed into effect a new foreign investment law (the FIL) to replace the previous foreign investment law enacted in 1988.
ISS and Glass Lewis release 2013 voting guideline updates download
The proxy advisory firms Glass Lewis & Co. and Institutional Shareholder Services Inc. recently released the 2013 updates to their US proxy voting guidelines.
Direct contributions of equity interests as registered capital in China download
On 21 September 2012, the Ministry of Commerce promulgated the Interim Provisions of the Ministry of Commerce for Equity Contribution in Relation to Foreign-Invested Enterprises, effective as of 22 October 2012.
The acquisition of control of a US public company download
An acquisition of any US corporation involves numerous legal and business issues.
Hong Kong Stock Exchange clarifies pre-IPO investment policies download
On Thursday 25 October 2012, the Hong Kong Stock Exchange issued two new Guidance Letters on pre-IPO investments.
EU parliament committee votes to strengthen extractive industry disclosure rules download
The EU Parliament’s Legal Affairs Committee voted recently to strengthen significantly the EU Commission’s proposed mandatory disclosure regime for payments to governments by certain businesses in the extractive industries and other sectors.
Serious Fraud Office exercises civil recovery powers in respect of parent company assets download
The SFO has exercised its powers to seek civil recovery of the proceeds of crime once again, resulting in an Order against Oxford Publishing Limited to pay almost £1.9 million.
Proposed changes to UK listing rules download
The Department for Business, Innovation and Skills on 20 September 2012 announced that it has developed a set of proposals with the London Stock Exchange aimed at attracting high-growth companies to list their businesses on the LSE.
India announces ‘big bang’ economic reforms download
After months of policy paralysis, the Indian government, on 14 September 2012, announced major reforms permitting and/or increasing foreign direct investment in the areas of multibrand retail, civil aviation, broadcasting and power trading exchanges with a view to boost economic growth.
Lessons from four years of antitrust enforcement in China download
China’s Anti-Monopoly Law celebrated its fourth anniversary in August 2012. Given the importance of the Chinese economy and the increase in antitrust enforcement in that country, the AML should rank high on in-house counsels’ radar screens.
Defining a joint venture's scope of business: key issues to consider download
Early in the discussions about whether and how to form a joint venture — perhaps as the very first significant issue to be resolved — the potential joint venture partners will try to agree on the scope of the venture’s business.
German High Frequency Trading Act and automated trading strategies download
On 30 July 2012, the German Ministry of Finance published a discussion draft bill regarding High Frequency Trading for the German financial services sector in the form of an Act for the Prevention of Risks and the Abuse of High Frequency Trading (HFTA).
London Listings for Russian mineral companies download
Against a backdrop of continued global economic uncertainty and risk aversion, mineral companies are generally better placed than companies in many other sectors to seek admission of their securities to the London Stock Exchange and access the international equity capital markets.
SEC proposes to permit public communications in private placement rules download
In late August, the Securities and Exchange Commission (SEC) proposed, by a 4–1 vote, to permit general solicitation and general advertising under two of its private placement safe harbor rules.
ECJ permits movement of national companies into other EU member states download
The European Court of Justice (ECJ) has ruled that cross-border migration by way of converting into a company format subject to the laws of a different EU member state is protected and permitted by overriding EU law even in cases where the national laws of the two countries in question do not provide for such a possibility.
Break-up fees — picking your number download
During the course of negotiations of every public company deal, inevitably the conversation will turn to the amount of the break-up fee payable by a target company to a buyer if the deal is terminated under certain circumstances.
The risks of creating guarantees electronically download
The principle of freedom to contract, as a result of which parties are entitled to form contracts without the need for the terms to be written down, is fundamental to English law.
Japanese listings in Hong Kong download
As an international financial center, Hong Kong is one of the world’s leading capital markets, with the Stock Exchange of Hong Kong being a favored venue for IPO fundraising activities.
Proposed rules relating to the relaxation of the prohibition on general solicitation download
The Securities and Exchange Commission today proposed amendments to Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 to implement Section 201(a) of the Jumpstart Our Business Startups (JOBS) Act.
SEC cuts off funding to groups committing human rights violations in Central Africa download
Pursuant to a mandate in the Dodd-Frank Act, the US Securities and Exchange Commission recently issued final rules requiring issuers to account for the use in their products of so-called conflict minerals.
PCAOB adopts new audit standard on communications with audit committees download
At an open meeting held on 15 August 2012, the Public Company Accounting Oversight Board voted to approve new Auditing Standard No. 16, Communications with Audit Committees.
From the shareholders' spring to the autumn of activism — power without accountability download
The UK press has had a field day over the past 12 months with news of shareholder challenges or activism. In the run-up to the AGM season in the spring, barely a day went by without report of shareholders flexing their muscles by taking on the boards of listed companies.
UAE — key changes relating to mergers download
This is the fourth briefing in Latham & Watkins’ five-part Briefing Series on the Draft UAE Commercial Companies Law.
UK government announces proposals for enhanced shareholding voting rights on executive remuneration download
The UK government has announced its proposals for the reform of executive remuneration in UK incorporated quoted companies.
ESMA permits deposits of new shares under GDR block listing regime download
A distinguishing feature of the UK Listing Authority’s GDR listing regime is that an applicant may submit a listing application (including a listing prospectus) to obtain a ‘block listing’ for its GDRs under which ‘up to’ a certain number of listed GDRs may be issued against deposits of the applicant’s shares into the GDR programme.
New share disclosure rules relating to UAE-listed companies download
The Securities and Commodities Authority has recently published amended market disclosure rules relating primarily to shares in companies listed on the Dubai Financial Market or the Abu Dhabi Securities Exchange.
UAE — key changes for joint stock companies download
This is the third briefing in Latham & Watkins’ five-part Briefing Series on the Draft UAE Commercial Companies Law.
UK announces proposals intended to curb executive compensation download
On 20 June 2012, the UK Secretary of State for Business, Innovation and Skills Vince Cable announced a package of proposals intended to curb executive pay.
UK government announces details of binding shareholder votes on executive pay download
Earlier this year we reported on the UK government’s proposals to give shareholders of companies greater influence over executive pay through the use of binding votes.
Parent companies may owe a duty of care to their subsidiaries’ employees download
The English Court of Appeal recently delivered a judgment in Chandler v Cape Plc [2012] EWCA Civ 525 which has potentially significant implications for groups of companies.
Wall-crossing in Hong Kong: risk management issues download
In the UK, there has recently been significant media coverage of market abuse in the context of “wall-crossing”, the process by which a securities offering is selectively pre-marketed to potential investors before the deal is publicly announced.
UK government publishes Enterprise and Regulatory Reform Bill download
In March 2012, the UK government announced plans to reform the competition regime, following a consultation exercise in 2011.
Hong Kong regulator turns up the heat on IPO sponsors download
On 9 May 2012 the Securities and Futures Commission released its Consultation Paper on the Regulation of Sponsors, attaching draft new rules to regulate the duties and liabilities of IPO sponsors in Hong Kong.
SFC looks to enhance the regulation of sponsors in Hong Kong download
Against a background where Hong Kong has been the world’s leading IPO center for the third year in a row, the Hong Kong Securities and Futures Commission (SFC) has published its much-anticipated consultation paper on the regulation of sponsors.
Revisions to the UK corporate governance code and guidance on audit committees download
The Financial Reporting Council has published a consultation paper detailing revisions to the UK Corporate Governance Code and its accompanying guidance on Audit Committees.
The JOBS Act: Potential benefits for foreign private issuers download
The JOBS Act eases the SEC-registered IPO process for “emerging growth companies” (EGCs) and will alter the private offering process under Rule 144A and Regulation D of the US Securities Act of 1933, as amended.
UK government reforms the competition regime download
In March 2011, the UK Government Department for Business, Innovation and Skills (BIS) issued a consultation entitled A competition regime for growth.
In harmony’s way
Jonathan Harris points out the potential pitfalls that EU harmonisation could foist upon UK practitioners in commercial litigation
HFW makes up nine in global commerce push
Holman Fenwick Willan (HFW) has promoted nine associates to its international partnership, with six London lawyers getting the nod.
Farrers hires boost commercial property
Farrer & Co has moved to bolster its commercial property team with a pair of senior lateral partner hires, with a third partner also joining to boost its commercial disputes practice.
Farrers hire boosts commercial property
Farrer & Co has beefed up its commercial property arm with the appointment of Richard Peskin as a consultant.
BLG trio strengthens Kemp Little’s commercial tech team
Technology boutique Kemp Little has bolstered its IT capabilities with the hire of two senior lawyers from Barlow Lyde & Gilbert (BLG).
Brook of rules
Are the English courts vying to rule the waves of cross-border insolvency arriving on their shores?
Set in our ways?
?With clients becoming increasingly international, chambers are following suit. But as Nic Fletcher finds, barristers from the same set appearing on opposite sides of the same case is often not the done thing
Pinsents Dubai lands spot on UAE uni panel
Pinsent Masons’ Dubai office has picked up a role advising the United Arab Emirates University following the institution’s first formal tender process for an external legal adviser.
