Conyers Dill & Pearman has been named Best Law Firm for Offshore Work by China Business Law Journal.
Khaitan & Co advised Yes Bank and India Infrastructure Finance Company in relation to financing of some $108m (£70m) to Essar Vizag Terminals
The Ministry of Economy issued a ministerial resolution in 2014 setting out new requirements with which public joint stock companies must comply before entering into a related party transaction.
RIP, RPI? download
Inflation has, in recent years, occupied an almost permanent slot in our news headlines.
This complex and high-value multi-party commercial fraud dispute is due to come on for a four-month hearing before the Commercial Court in late 2016 or early 2017.
The US Securities and Exchange Commission has settled with Goodyear, which will pay $16m in disgorgement and pre-judgment interest to resolve alleged violations of the Foreign Corrupt Practices Act.
While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.
Wragges has advised long-standing client on a three-year drug discovery collaboration agreement with Orca.
Addleshaw Goddard has advised the management team of Sussex-based manufacturer Aspen Pumps on the sale of its business to private equity house 3i in a £105m transaction with Inflexion Private Equity.
Khaitan & Co advised Gillanders Arbuthnot in relation to the Big acquisition of Group Developments, Group Holdings, Mafisi Tea Estates and Naming’omba Tea Estates (all in Malawi) by Gillanders Holdings.
Addleshaw Goddard has advised Kerridge Commercial Systems Ltd on its growth investment funding from Accel-KKR to support the existing management team and their ongoing strategy.
To promote easier reporting for foreign direct investmen transactions the Reserve Bank of India has amended the process of filing certain returns.
Wragge Lawrence Graham & Co’s non-contentious engineering and construction experts provide their top 10 tips for executing documents.
HFN advised global electronic design company Cadence Design Systems in its acquisition of the high-speed interface IP assets of TranSwitch.
Constitutional concerns and uncertainties.
Offshore Case Digest: issue 8 download
A high-level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands.
Big Yang Theory: Will China’s outbound investment eclipse inbound investment in the Year of the Goat? download
And how will it affect the growing trend of Chinese investments in Israeli targets?
The forthcoming Consumer Rights Bill will introduce changes to consumer laws, including those dealing with the provision of goods, services and digital content.
Cyber security update: SEC and FINRA publications, data breach at Anthem, LinkedIn settlement and more download
HFN highlights several recent developments and trends in the cyber-security sphere which are expected to remain in regulatory focus during the course of the year.
Competition News: February 2015 download
Dentons has released the February 2015 edition of its Competition News update.
Ah, the UK and the US: two countries separated by a common language. And that’s definitely the case with share purchases where there are some subtle – and some fundamental – differences in the way the two jurisdictions approach the acquisition of a company.
Khaitan & Co advised the finance ministry on an equity share offer by Coal India, with an option to sell more – adding up to 10% of the paid-up equity share capital – for around £3.7bn.
With the right technology, in-house counsel can more proactively manage legal risk, reduce the cost of legal services and improve productivity.
Liability for tax violations under a new code ‘On Administrative Violations’ and Criminal Code of Kazakhstan download
A brief review of the main innovations concerning the liability of taxpayers on tax-related administrative cases.
Apax Partners has sold its controlling share in Tnuva Food to Chinese Bright Food Group.
The Czech Office for Protection of Competition is relaunching dawn raids on business premises conducted without a court warrant.
Finance litigation briefing February 2015: report and review on the latest cases and issues download
Wragge Lawrence Graham & Co’s finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
The new public sector procurement directive becomes law in the UK (except Scotland) on 26 February 2015.
As the DPR awaits European Council approval, how is the Council’s vision for the new rules developing?
Shoosmiths has advised Hewlett Packard on a new lease of 68,000sq ft of Grade A office space in the City of London, at 1 Aldermanbury Square.
Bär & Karrer has acted as Swiss legal counsel to Tencent in acquiring ownership in Miniclip Group SA, a digital company which develops, pub-lishes and distributes mobile and online games
Shareholder relief: Eastern Caribbean Appeal Court considers the just and equitable grounds for winding up a BVI company download
This briefing concerns Wang Zhongyong v Union Zone Management Ltd.
Firm advises Impetus on its acquisition of waste transfer station operator T Shea.
Israel has published the results of its annual Environmental Impact Index, as usual capturing the interest of media and investors.
Late payments and “standing up for small businesses” have emerged as key political issues for most of the main political parties in the run up to the UK general election.
On the road to nowhere – part two download
This post looks at the challenges in dealing with insolvent transport/logistics companies. For those involved in dealing with distressed logistics companies, many of the greatest challenges are often around timing.
Addleshaw Goddard has advised on a deal between property firm Bruntwood and M&L Hospitality Group to develop a 19-storey, 326-room hotel at the University of Manchester’s Business School.
Founding and managing partner
Founding and managing partner
Founding and managing partner
The usual initiation of a client’s relationship with our office entails the setting up of an entity in Serbia on behalf of the client or assisting the client in purchasing a Serbian business.
Romania recently passed a law whose main purpose is to dissolve the Rasdaq and unlisted securities markets
The Israeli Supreme Court has rejected an appeal filed by an infant and her parents against Heinz Remedia, Humana Milchunion and the Israeli Ministry of Health.
PRIIPs and the PRIIPs KID download
The PRIIPs Key Information Document, required from 31 December 2016, is designed to give retail investors essential information about a PRIIP and address perceived ineffective standards of pre-contractual disclosure
Litigation privilege: what is it and how can you protect it? – a checklist for directors and managers
Claiming privilege over a document is a valuable right for a potential litigant, however litigation privilege can be lost or not even arise at all.
The UK’s 2005 regime was the poster child for EU gaming law compliance but that has now been brought to a screeching halt with the introduction of new tax rules.
This paper looks at the construction of normal value in World Trade Organisation anti-dumping law in relation to market economies.
Bermuda has historically been and remains an attractive jurisdiction for lenders involved in the financing of the acquisition of both private and commercial aircraft.
The recent Dentons-Dacheng merger has reminded Totum of how dramatic the shifts in international recruitment have become.
Wragge Lawrence Graham & Co has advised longstanding client Société Générale Capital Partners on the leveraged buyout of specialty chemicals distributor Safic-Alcan from Parquest Capital.
Eversheds Bianchini, the Italian office of law firm Eversheds, with a team headed by Marco Franzini, has advised seller shareholders in the sale of RGI Group to Ardian.
The FCA’s expectations will not be greeted with great vigilance in offices outside the UK, according to Eversheds.
The case is of particular interest to those involved in the energy, commodities, shipping and transportation markets.
Paolo Rampulla of NCTM has assisted DBA Lab regarding tax matters on its aquisition of the entire capital of ACTUAL IT, a Slovenian company active in the development of IT solutions.
The OSC proposed a whistleblower program aimed at encouraging individuals with high-quality information regarding serious misconduct to come forward.
What guides the ego-driven type of lawyer is not the desire to close the deal but rather the will to win the debate, and this turns them into inefficient negotiators.
Addleshaw Goddard has advised Fircroft Engineering Services on a significant investment in a joint venture with a Saudi Arabian consultancy group.
Conyers Dill & Pearman has advised Sunshine 100 China Holdings Ltd on the issue of $100m 12.75 per cent senior notes due 2017.
Eurasian Economic Union: legislative developments in medicines and medical devices circulation download
Russia, Kazakhstan and Belarus are committed to forming a common market in medicines, in accordance with the Eurasion Economic Union Treaty.
Ireland’s National Payments Plan emphasises the promotion of electronic payment methods.
BWB Briefing for Charities and Social Enterprise: Lord Young's report on the Social value Act, and more download
Bates Wells Braithwaite has published the 17 February 2015 issue of its BWB Briefing for Charities and Social Enterprises.
A recent judgment has confirmed that a paying bank must pay a seller under a letter of credit, once it has been presented with a compliant demand and the documents required by the letter.
Will ratifying the Cape Town Convention hamper restructurings of UK operators of helicopters and other aircraft?
All documents provided to consumers upon the purchase of goods from suppliers or retailers must now be available in Arabic, or accompanied by an Arabic translation.
The European Commission recently announced the start of the program for the creation of a Capital Markets Union with the purpose to create a single capital market for all 28 European member states.
An analysis of the CMA’s recent Crossrail decision.
The European Parliament has set up a special committee to examine whether member states broke EU rules by offering tax breaks to large multinational companies.
The government introduced draft legislation in January 2015 to prevent the use of reductions of capital by target companies using takeover schemes of arrangement.
Liability for a bribe? download
The news from the SFO is that it is looking to prosecute with renewed vigour and a significant number of prosecutions are imminent.
On 28 December 2014 the Law of Ukraine no. 77-VIII “On Amending Certain Legislation Acts of Ukraine to Reform Mandatory State Social Insurance and Legalization of Payroll,” was adopted.
An Australian subsidiary of Shanghai Baosteel Group Corporation raises $500m on the Hong Kong Stock Exchange.
Federal Law 488-FZ ‘On Industrial Policy in the Russian Federation’, to become effective on 30 June, regulates relations between legal entities and businesspeople operating in the industrial sector.
The government has introduced legislation to prevent the use of reductions of capital by target companies using takeover schemes of arrangement. In other words, no more takeover cancellation schemes.
The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV in the run-up to going into administration has been the subject of much adverse comment.
UK must improve the availability of business finance if it wants to inspire the creation of more world-class companies, according to an industry expert.
Wragge Lawrence Graham & Co has advised GlaxoSmithKline (GSK) on the sale of its shareholding interests in biopharmaceutical company Convergence Pharmaceuticals to Biogen Idec.
The Cayman Islands legislature recently enacted The Insurance (Portfolio Insurance Companies) Regulations, 2015 and related sections of The Insurance (Amendment) Law, 2013.
Public or government procurement in CETA, the economic and trade agreement between Canada and the EU download
The Comprehensive Trade and Economic Agreement provides a range of measures to make doing business between Canada and the EU easier.
In Israel’s largest umbrella organisation representing the hi-tech industries there is concern about the growing number of transfer pricing audits, specifically in the field of ESOP matters.
The “favoured nations” or “most favoured nations” or “MFN” concept/clause, while not omnipresent in entertainment contracts, gets its fair share of use. This post explores its purpose and operation.
With the spring AGM season rapidly approaching for UK plc now is a good time to take stock of the trends that emerged from the 2014 reporting season.
”Successful whistleblowing practices are those that provide easy access to reporting mechanisms and follow-up support. In these areas there is clearly more to be done.”
Significant changes include the abolition of the Supreme Commercial Court and the formation of the Supreme Court.
The BEPS Action Plan sets out 15 actions and further work required to counteract the methods of base erosion and profit shifting (BEPS) used by multinational companies.
A pioneering technology developed by a spin-out company from the University of Salford has been recognised for its ingenuity at the Times Higher Education Awards.
Hidden in last year’s Autumn Statement was a trap for the unprepared!
Wragge Lawrence Graham & Co presents its industry news on accountability for February 2015.
The first draft of the Consumer Protection (Regulation of Credit Servicing Firms) Bill perhaps surprisingly focuses mainly on the regulation of the servicers of credit rather than the owners of credit.
Shoosmiths has advised Consilia Investments on its co-investment with members of the target’s management, into a newco and the company’s subsequent acquisition of Allied Textiles from Chamonix Private Equity.
Guernsey is renowned for being one of the leading jurisdictions for fiduciary work, having built a strong reputation over decades
Before you go picking out curtains for your new Palo Alto estate, there’s one small matter that needs to be taken care of well in advance of the move — your US work visa.
Nilon Limited v Royal Westminster Investments — Privy Council — claims involving BVI companies download
The Privy Council decision in Nilon Limited v Royal Westminster Investments has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies
Navigating a minefield – Australia's defence export controls and sanctions regimes on products download
Companies operating in Australia must be aware of the increasingly complex list of restricted products and international sanctions or risk major penalities.
Dentons presents its five big takeaways from this story.
Eversheds Saladžius senior associate Gerda Diniute will deliver a presentation on business financing in Lithuania.
This is an area that has attracted little attention but it can be full of pitfalls that we professionals ignore at our peril.
Wragge Lawrence Graham & Co secures a High Court win over design rights for worldwide denim specialist G-Star Raw.
BDK Advokati/Attorneys at Law have hosted a seminar on the Companies’ Act in practice.
The Serbian Accounting Act requires that financial statements be signed electronically by a statutory representative, but problems arise when the director is a foreigner.
Eversheds tax partner warns that EU attempts to provide multilateral tax reform do not include the US.
A proposed amendment to the Slovenian Commercial Company Act could reintroduce the concept of silent partnerships.
Oven Clean v Read case confirms that post-termination restrictions are valid under franchise agreements.
The Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (the Regulations) came into force on 31 January 2015.
A new set of accounting standards came into force in the UK on 1 January 2015, replacing all existing accounting standards.
The issue in Eurasian Natural Resources Corporation plc v Judge concerned a claim by an employer for delivery up of confidential information by a director upon termination of his appointment.
The Financial Conduct Authority has fined Reckitt Benckiser Group plc £539,800 for a number of breaches of the listing rules and the disclosure rules and transparency rules.
This edition of Foresight outlines legislative and regulatory changes relating to company law expected to come into effect in 2015. With a little Foresight, Walker Morris can help you plan ahead.
In his Autumn Statement, the Chancellor announced the Government’s intention to stop the practice of using schemes of arrangement involving a reduction of capital to effect a takeover of a public company.
The use of ‘cash shells’ with a quotation on the London Stock Exchange is a tried and tested way of generating the cash to fund an acquisition trail.
The Government has been consulting on draft regulations containing a new reporting requirement on payment practices and policies.
The Small Business, Enterprise and Employment Bill is currently working its way through Parliament and is likely to become law in the Spring.
Companies involved in oil and gas activities are tightening their belts.
The Tunisian office of Eversheds, Eversheds El Heni, has made Emna Louati a partner.
Ogier has advised the lenders on the £122.6m acquisition of Waterlogic plc by Castik Capital.
11 Stone Buildings’ Tom Shepherd focuses on three key areas to consider when there is a sale of a business out of administration.
Agency: deals and duties download
Why it is of paramount importance that businesses take care to use commercial agents that they know and trust.
Disclosure round up — part 1 download
This is the first part of a two-part article looking at recent cases on disclosure.
Australian appliances manufacturer Fisher & Paykel has been fined for misleading customers over extended warranties. Here’s how to stay on the right side of the law.
The Groceries Code Adjudicator has announced that she is launching an investigation into Tesco.
Ukraine recently adopted a new ‘Procedure for the State Registration of Commercial Concession (and Sub-Concession) Agreements’ (known as the Franchise Registration Procedure).
The Russian government, the Eurasian Economic Union and the business community are considering forgiving companies engaged in foreign trade for errors in customs processing.
Karanovic & Nikolic has advised London-based investment fund Mid Europa Partners on the acquisition of Danube Foods Group.
It has been a busy start to the year for the Competition and Markets Authority’s (CMA) merger control teams, with the CMA identifying possible concerns arising from no less than four deals in January.
Competition and Markets Authority issues a call for information on the commercial use of consumer data download
As part of a project to understand how firms collect and use consumer data, the CMA issued a call for information on 27 January 2015 on the commercial use of consumer data.
There are about to be some alterations to the list of ‘sensitive words and expressions’ that require permission before they are registered as part of a company name.
M&A and banking and finance lawyer Marko Ketler has been appointed to head Karanovic & Nikolic’s Slovenian office. He joins from from ODI in Ljubljana.
An error by Companies House led to an historic family business going bust and could cost the Government up to £9m in damages.
The British Virgin Islands is becoming a popular jurisdiction for aviation finance transactions in both the commercial and business jet sectors.
Wragge Lawrence Graham & Co has advised high-street retailer and long-standing client Argos on its arrangement with Sainsbury’s to launch a series of new Argos digital stores within a number of its UK supermarkets.
Shoosmiths has advised Milton Keynes based Intelligent Maintenance Systems Limited on a transaction with E.ON Connecting Energies Ltd that has seen the energy company take a 25 per cent stake in the company.
On 18 January 2015, significant amendments to the Polish competition law aimed at making merger control more efficient entered into force.
Jersey legislation overview download
There have been a number of significant legislative developments in Jersey since November 2012, as reflected in the length of this briefing.
Business lending recovery predicted download
Business lending levels should begin to recover over the coming few years, according to a new report.
Mid Europa Partners has announced that it has signed a binding agreement to acquire a controlling interest in Danube Foods Group BV and Clates Holding BV.
Dentons Global Mobility Guide 2015 download
The ability to move skilled workers globally is essential to the success of the world economy and the companies that drive it.
Dacheng advises NCF Credit on its application for a personal credit investigation business licence and permit.
Kiping Group has gained CSRC approval for its private placement projec, advised by Guangzhou-based attorneys.
Conyers advises International Finance Corporation on the structuring of its investment in Echo-Scan Services.
Zuoli Kechuang Micro-finance Company lists on the Main Board of the Stock Exchange of Hong Kong on January 13, 2015.
La moralité de ‘Je suis Charlie’ download
There have also been several attempts to register the phrase ‘Je suis Charlie’ as a trademark.
Shoosmiths has advised the shareholders of Rex Features, the largest independently owned photographic agency in Europe, on its sale to Shutterstock.
Conyers has advised Chinese China Hongqiao Group on its $300m senior notes offering.
Conyers Dill & Pearman HAS provided Cayman and BVI legal advice to Xiabuxiabu Catering Management (China) Holdings Co, Ltd on its HK$1.1bn (£94.5m) IPO on the HKSE.
Winckworth Sherwood is sponsoring the Liverpool International Waterfront Forum, which will take place on 3–4 June 2015.
The Cabinet Office has issued guidance on the use of settlement agreements, special severance payments and confidentiality clauses.
Audit committees cite uncertainty, volatility and high risk environment as top challenges in 2015 download
Audit committees around the world said economic and political uncertainty and volatility, regulatory compliance, and operational risk pose the greatest challenges for companies in the year ahead.
Gateley has expanded its London team with the appointment of two new partners. Craig Rattray joins the firm’s commercial, technology and media team and Steven Raize has been appointed to the firm’s corporate team.
The draft order empowering the Groceries Code Adjudicator to fine supermarkets has been laid before Parliament.
The Court of Justice of the European Union has recently confirmed that obesity can be a disability. Shoosmiths considers the practical implications of this decision for employers.
The Court of Appeal has given clear and helpful guidance as to the legal position when two or more known or foreseeable factors may combine to produce an abnormal event.
Conyers Dill & Pearman has provided Cayman Islands legal advice to Autohome Inc and BVI legal advice to the BVI subsidiary in connection with a secondary offering in the US of 1,500,000 class A ordinary shares.
Conyers Dill & Pearman has provided Cayman and BVI legal advice in connection with the issue by the company of 8.75 per cent senior notes due 2019
Conduct set to be tightly pre-packed download
With a pre-pack, the ability of the insolvency practitioner to sell a company’s assets without the approval of creditors – continues to be the main criticism of the practice
Ever since the new Competition Law came into effect in the UAE in 2013 there has been uncertainty over its enforcement.
Paying for delay and patent settlement arrangements — the European Commission (at last) publishes the Lundbeck decision download
In 2013 the European Commission announced that it had fined H Lundbeck A/S in respect of infringements of Art 101 of the TFEU and the EEA Agreement. It has finally set out the basis for the infringements.
Personalised greeting card company Moonpig has become the latest in a string of companies to hit the headlines because of a flaw in its cyber security.
Tax update — January 2015 download
The Luxembourg Budget law, abolition of the witholding tax system and a new circular on benefits-in-kind, plus more.
Eversheds has advised Places for People Group (PfP) on its acquisition of ZeroC, a sustainable residential developer active across the UK.
Can the admission to concordato preventivo be revoked if creditors, informed by the judicial commissioner of fraudulent acts, approved the proposal of the debtor? download
The Italian Supreme Court ruled that the disclosure of acts in fraud carried out by the debtor causes the admission to concordato preventivo to be revoked according to Article 173 IBL, even in case of approval by the creditors.
The VAT refund secured receivable from a customer admitted to concordato preventivo can be partially satisfied if liened assets value is lower download
A company filed a plan for a concordato preventivo providing that creditors would be paid out of future earnings, which the Tribunal of Lucca refused to confirm.
On 19 January 2015, the Ministry of Commerce (MOFCOM) published the draft PRC Foreign Investment Law (the ‘Draft’) along with an explanation paper, and called for opinions from the public.
Before Thursday 7 May 2015, the date of the next general election, the Conservative Liberal Alliance will make a number of changes to the UK tax regime as it applies to international investors.
December 2014 saw the first three convictions in the Sustainable Growth Group case, involving the fraudulent selling and promotion of investment products based on green biofuel.
HBC Hamburg Bulk Carriers v Huyton was an appeal from an arbitration award on a point of construction in relation to the wording of an addendum to a charterparty.
Lorand Shipping Ltd v Davof Trading (Africa) BV (Ocean Glory) is a rare example of a successful challenge to an arbitration award on the ground of serious irregularity under Section 68 of the Arbitration Act 1996.
The Small Business, Enterprise and Employment Bill is expected to produce a huge boost in SME receivables finance.
Shoosmiths has advised DPE Deutsche Private Equity and its portfolio company OmniaMed on their multi-million pound acquisition of Schofield Healthcare Media.
2014 again saw many small and mid-size companies encouraged to address continued shareholder activism and a keener focus on corporate governance.
The CJEU has handed down a ruling that may significantly affect owners of databases of information who wish to restrict how their data is used and those who make use of such databases.
Companies in the UK are being urged to ensure that they are fully prepared for the effect that new financial reporting standards will have on their year-end accounts.
The case of Savoye and Savoye Ltd v Spicers Ltd serves as a reminder that the provisions of Part II of the Housing Grants Construction and Regeneration Act 1996.
11 Stone Buildings has announced that Marcia Shekerdemian has been appointed Queen’s Counsel, effective from 16 February 2015.
UK companies are still suffering a post-recession hangover, new figures suggest, on the back of a rise in profit warnings.
Saudi Arabia Update 2015: shop opening hours law proposal; expansion of court system in Riyadh; and more download
Dentons has released the January 2015 edition of its Saudi Arabia Update.
Memery Crystal M&A update 2015 download
Memery Crystal draws attention to some important decisions made last year that may have a bearing on M&A transactions.
Walker Morris advises on £40m refinancing deal for Andrew Page Group.
The latest version of the Payment Card Industry Data Security Standard (PCI DSS) took effect from 1 January 2015.
Praxis and IFM merge to create one of the largest independent financial services groups in the Channel Islands.
Private label manufacturer Mibelle buys stake in owner of Lee Stafford Haircare brand
Italian veterinary company IZO is sold to German farm animal vaccination company Vaxxinova.
A quick guide to trademarks download
Trademarks give your business a unique, protectable brand which is readily identifiable by consumers.
Case establishes duty of care against the Registrar of Companies for mistaken liquidation entry.
With the commencement of the Companies Act 2014 at our doorstep, companies will need to make decisions about their future.
The proposed Irish Knowledge Development Box regime will follow a similar framework to the Modified Nexus approach.
How to resolve a dividends block created by losses made over a number of years.
Starter home initiative download
New rules proposed for brownfield sites to boost affordable housing initiatives.
Eversheds helps seal Phoenix deal as Bridge Leisure adds fourth leisure park.
Shoosmiths has advised Swedish conglomerate Indutrade on its acquisition of Adaero Precision Components.
Clear days: some clarity download
The Companies Act provisions governing the length of notice shareholders are entitled to prior to annual general meetings (AGMs) and general meetings can prove tricky to interpret.
Lexa Hilliard QC is a well-respected commercial chancery silk with a strong expertise in domestic and international insolvency, general commercial and company litigation, professional negligence and civil fraud.
A recent summary judgment by the High Court serves to highlight the role an audit clause plays when a licensor’s desire to police the use of its intellectual property conflicts with the licensee’s interest in preserving its own confidential information.
‘Noted, with thanks’ precludes the right to come back for a second bite of the drafting cherry download
The recent High Court judgment of Bieber & Ors v Teathers Ltd (in Liquidation) serves as a reminder that a party who intends a settlement offer to be subject to contract should expressly say so.
The Retail Ombudsman (TRO) launched on 1 January 2015 as an alternative dispute resolution scheme in the UK retail sector.
The employment issues around employing individuals who have been convicted of a criminal offence.
Median pay rises drop to 2 per cent download
Pay rises are currently worth more than inflation but only because inflation has fallen to a record low.
Addleshaw Goddard’s professional practices team has advised on what it is calling one of the most significant professional partnership deals in the City.
Recent research by PwC shows that over a third of organisations retain information ‘just in case’.
It’s been a busy time for the special projects team at Shepherd and Wedderburn, with recent deals totalling in excess of £1bn.
Schoenherr has advised General Electric on its acquisition of Francesconi Technologie.
NCTM Studio Legale Associato assisted Yarpa and LBO France, leading private equity funds in Europe, in the sale of the entire share capital of IZO Srl to Vaxxinova GmbH
The owner of the project claimed, on malicious grounds, payment from the guarantee bank of approximately RMB1bn (£107m) based on 12 advance payment guarantees and performance guarantees.
On 3 February 2015, Conyers Dill & Pearman’s Dubai office will host its Offshore Law Forum. The event will feature a panel of senior lawyers from the firm’s global offices
This briefing sets out some high level issues to consider on a global M&A deal where the target is an Australian company or business or where downstream Australian subsidiaries are involved.
Dacheng Guangzhou lawyers advise Zhongyunchuang Optoelectronic on its NEEQ listing.
Jiang Bin and Zhang Suixia from Dacheng’s Guangzhou office recently advised on the formation of the Guangzhou Sino-Israeli Biotech Industry Venture Investment Fund.
Dacheng’s Guangzhou office has advised Bangxin Survey Technology on its NEEQ listing.
Schoenherr has advised AIM Software Group on investment by Welsh, Carson, Anderson & Stowe.
The recent English Court of Appeal ruling in Re Danka Business Systems plc considers how insolvency practitioners ought to deal with contingent claims.
Mourant Ozannes has advised Highcross Group in connection with the $1bn (£635m) sale of the assets of Highcross Regional UK Partners and Highcross Regional UK Partners III to Northwood Investors.
The case involving Adda Hotels really is the case that keeps on giving. The thrust of the litigation concerns whether a guarantee of an assignee by the same guarantor of the assignor is valid.
Sino-foreign joint venture Gloria Technology has been listed on the NEEQ system.
The long-awaited portfolio insurance company legislation is now in force.
PM hails small business loan scheme download
Prime minister David Cameron has praised a small business finance scheme, after its total loan funding neared the £130m mark.
Ogier in Jersey has announced that Katharine Marshall and Amy Galley have each been awarded two prizes for achieving the highest marks in the Jersey Advocacy exams in 2014 by The Law Society of Jersey and the Institute of Law.
New regulations coming into force on 31 January will simplify requirements relating to company and limited liability partnership names.
Shoosmiths has advised Park Holidays UK Limited on the acquisition of Broadland Sands Holiday Park and the simultaneous disposal of Riviera Bay and Landscove Holiday Parks.
11 Stone Buildings has a strong reputation for company work.
We specialise in international commercial litigation and dispute resolution.
Eversheds has advised LDC on the purchase of NEC Group from Birmingham City Council in a transaction that values the business at around £307m.
Shoosmiths has advised Business Growth Fund on a £2.8m growth capital investment in RVL Group, an aviation services provider that operates a fleet of 15 aircraft.
An apparently normal case, a dispute under a share transfer agreement (STA), resulted in an unusual outcome in commercial litigation — a successful claim for rectification, won by 7KBW’s Robert Bright QC.
Black Friday and the Boxing Day sales have been and gone, and retailers could be forgiven for breathing a sigh of relief and pausing to take stock.
Help! My dividend was unlawful download
A company may decide to return surplus cash to its shareholders. The simplest method involves the payment of a cash dividend, but are there any restrictions on a company’s ability to do this?
Tthe court has held that an exchange of emails between the claimants’ and defendants’ respective solicitors constituted a binding settlement in relation to litigation, and that a formal settlement agreement was not necessary.
IPO Watch — 19 January 2015 download
2014 ended up being a bumper year for tech IPOs across the globe, but can the momentum continue into 2015?
The government's Red Tape Challenge download
This article takes a brief look at three of the main corporate aspects of the latest version of the Small Business, Enterprise and Employment Bill.
Those with claims against companies that failed in the aftermath of the financial crisis are finding that the sun has gone down not just on the company but also on their claims for relief. However, all is not necessarily lost.
Wragge Lawrence Graham & Co has advised Birmingham City Council on the sale of the NEC Group to LDC.
Memery Crystal lawyers attended a UK branch meeting of the International Business Structuring Association (IBSA) titled ‘What to expect in 2015? Commercial forecasts for the year ahead’.
Modernising insolvency in the EU download
Moves are underway to change the insolvency landscape to make it easier for the rescue of businesses operating across member states to be implemented
This briefing provides an introduction to the factors that determine whether a Jersey insurance business transfer scheme is required and an outline of the procedure for the transfer of insurance business in Jersey.
US Federal Trade Commission revises Hart-Scott-Rodino and interlocking directorate thresholds for 2015 download
The US FTC announced the new, revised jurisdictional thresholds for reporting transactions pursuant to the Hart Scott Rodino Antitrust Improvements Act of 1976.
Mourant Ozannes has advised Hermes on the sale of 50 per cent of the development phase of Wellington Place in Leeds to Canada Pension Plan Investment Board (CPPIB).
Our corporate governance and compliance practice provides a comprehensive suite of services to public and private companies.
Our Business Establishment Practice draws expertise from across various practice areas to provide clients with a comprehensive array of services.
As the second-largest economy in Southeast Asia Thailand holds great potential for dealmakers.
Myanmar has emerged as an attractive destination for foreign investors following the country’s government reforms and the opening up of its economy.
On 4 January the creditors of PJSC Sumykhimprom approved the decision to buy out debts from pledge lenders that refused to approve its rehabilitation plan.
Shareholders’ agreements are a tool for the contractual regulation of relations between shareholders/participants of companies.
No, the starting point is that a loss of profit may be either a direct or indirect loss.
The Jersey Student Business Challenge kicked off with a launch event for students from Grainville and JCG on Tuesday 13 January 2015.
Returning value to shareholders has become a hot topic in recent years.
Avon and its Chinese subsidiary paid $135m (£89m) to resolve an FCPA investigation with a deferred prosecution agreement, an SEC settlement, and a guilty plea by the subsidiary.
Two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died from a fall.
The strains of starting a new business have been revealed in a study of people launching firms of their own.
Paul Green, energy construction partner, sets out some of the issues faced by developers and main contractors in procuring onsite energy facilities.
There are many issues for fashion houses considering franchising as their route to international expansion — here are Dentons’ top five tips.
Discharging an administration order download
Carey Olsen’s restructuring and insolvency team has achieved a significant success in securing an order for the discharge of an administration order made pursuant to the Companies (Guernsey) Law, 2008.
One in three public sector clients are taking longer than a month to pay small and medium-sized enterprises for goods and services.
The energy & infrastructure dinance team at Wragge Lawrence Graham & Co has advised longstanding client Primrose Solar on two inflation-linked financings.
Joint managing partner
Joint managing partner
Shoosmiths has advised Peugeot Motor Company plc on the sale of Motaquip, an all-makes car part distribution business to Luton-based Comline Auto Parts Limited, an auto parts business.
Shepherd and Wedderburn has hired international arbitration lawyers Jane Wessel and Claire Stockford, from US firm Crowell & Moring.
KPMG Finland has acquired 100 per cent of Trusteq Oy, a 45-strong Finnish cyber security consulting company specialising in identity and access management services and security transformation projects.
Colibri Kazakhstan partner Zhanar Abdullayeva has delivered a presentation on the BAKAD project in London. It is the first major project of public-private partnership in Kazakhstan and Central Asia.
The partners’ council has approved the assignment of Raushana Chaltabayeva as a partner of Colibri Kazakhstan.
Are investor bulletin boards damaging your business? Tips for dealing with the darker side of shareholder activism download
The last 10 years have seen a growing trend of shareholder activism. Shareholders, both institutional and private investors, are increasingly seeking to make their voices heard.
Avoiding the accidental settlement download
The question of whether two parties have entered in to a binding settlement compromising a case is often just as (if not more) acrimonious matter as the substantive case.
Liquidators: the power of necessary download
The powers of a liquidator in winding-up a company are set out in Schedule 4 of the Insolvency Act, which all IPs will be familiar with.
Paul Robertson is joined by Ben Luddington and David Whitehouse as they have a short discussion on the impact of sanctions in Ukraine, from a financial and trade perspective.
Schoenherr partner Christian Herbst has been appointed Co-chair of the Corporate and M&A Law Committee of the International Bar Association (IBA).
Wragge Lawrence Graham & Co has advised Riviera Travel on a significant investment made into the company by private equity firm, Phoenix Equity Partners.
Walgreens Co, the largest drug store chain in the US, has completed the acquisition of the remaining 55 per cent equity ownership in Alliance Boots GmbH,
The end of 2014 brought with it important amendments to the rules for registering companies in Poland.
How shall existing contracts with third parties be treated? Prager Dreifuss’ article outlines the current situation and indicates possible solutions.
Late September saw completion of the UK’s first combined cooling, heat and power plant at a data centre in a drive by Citibank to reduce energy demand while cutting greenhouse gas emissions and energy costs.
Competition News — December 2014 download
This newsletter includes information on the Serbian parliament’s appointment of Professor Miloje Obradovic´ as president of the Competition Commission, and other news.
The end of 2014 brought with it important amendments to the rules for registering companies in Poland.
Employers: 2015 deadlines approach to furnish incentive stock option and employee stock purchase plan information statements and returns download
This briefing from DLA Piper offers information on timely filing.
A director of a company who has breached his fiduciary duties as a director could not then, in his capacity as the company’s sole shareholder, ratify the breach where the company was insolvent.
Ogier in Jersey has acted for Moorfield Real Estate Fund in connection with the exchange of contracts to sell a diversified real estate investment portfolio to Lone Star Real Estate Fund III.
Deciding how to deal with uncollected debts is something which many businesses have to face. It is also a problem which the governme
After months of speculation, brewing giant Heineken UK has confirmed DLA Piper as its principal external adviser for a three-year term.
No two people have the same moral compass, and what the right thing actually means is different for every company.
In this blog post we look at what The Department for Business, Innovation and Skills, HM Treasury, HMRC and the Takeover Panel are going to do differently in 2015.
On 30 December 2014 the Cabinet Office announced that the government’s red tape drive had saved business £10bn in the past four years.
The Foundations (Jersey) Law 2009 introduced a new type of entity, the foundation, into Jersey’s legal landscape. This note is a brief summary of the law.
Shoosmiths has advised Renal Services (UK) Ltd, a provider of independent dialysis services to NHS patients, on its £3.1m investment from the Business Growth Fund (BGF).
DLA Piper has announced that Adam Sak has joined the firm’s technology transactions and strategic sourcing practice as a partner in the Silicon Valley office.
DLA Piper has hosted a press briefing with lawyers from across Asia region who shared its views on what they see as key market trends in 2015.
Conyers Dill & Pearman has provided BVI law advice to GFI Software on the sale of its TeamViewer business segment to Permira, one of Europe’s largest private equity funds.
Conyers Dill & Pearman has provided Cayman law advice to Yuzhou Properties Company Ltd on the issuance of $250m (£165m) 9.00 per cent senior notes due in 2019.
A recent case has highlighted a number of points relevant to directors and their duties to the company.
Dentons has released the December 2014 edition of its Competition News publication.
This client update contains an analysis of the policy issues arising from the current situation in Ukraine.
The use of e-signatures is becoming increasingly commonplace in commercial transactions, as individuals and businesses capitalise on the administrative efficiency afforded by today’s digital world.
The US has changed the export controls on the export of microwave monolithic integrated circuits from Hong Kong.
The Kay Review — what next? download
The Kay Review, commissioned by the government and published in July 2012, explored issues of short-termism in UK equity markets. The recent progress report sets out key developments.
Luxembourg joint ventures download
Joint ventures are not a particular term of art under Luxembourg law.
Ogier acts for lenders in connection with refinancing of £1.16bn of debt of the Angel Trains Group.
InCredit — 23 December: HoL amendments to the Consumer Rights bill; UKRN statement on consumer engagement; and more download
Addleshaw Goddard’s weekly publication provides information on current retail finance issues, regulatory and legislative developments, market watch and ASA adjudications.
Retailers might be backing themselves into a hole with events such as Black Friday and Cyber Monday by entering into an unsustainable cycle of discounting.
A majority of smaller businesses are not being paid the money they are owed by other firms on time, new research suggests.
In today’s fast-moving and increasingly transparent business environment, every board needs a well-informed strategic adviser with a holistic view across all aspects of governance.
Cushman & Wakefield is to acquire Massey Knakel Realty Services, advised by DLA Piper.
DLA Piper has advised Market Tech Holdings on its £750m AIM IPO – the biggest of the year.
Dacheng team has developed procedures for risk prevention and control for Yunnan Power Grid.
Huangshi Huibo Material Technology Co has been listed on NEEQ.
Anhui Saunaking has been given the go-ahead to purchase a 100 per cent stake in Shenzhen Josesauna.
Xiamen-based Dacheng team has advised Zeesan Biotech on NEEQ listing.
Developer Londonmetric has purchased a £47.5m site via a forward-funding agreement with Omega, which was advised by Addleshaw Goddard.
Karanovic & Nikolic’s Patricia Gannon takes place on Serbian Private Equity Association board.
A skills gap could hamper the recruitment efforts of companies and leave some vacancies unfilled next year, a new study suggests. The warning comes despite the intention among half the firms surveyed to recruit more staff over the coming 12 months. The Confederation of British Industry (CBI) asked 323 firms about their recruitment plans for 2015. Click on the link below to read the rest of the BP Collins briefing.
Addleshaw Goddard looks back at the key legislative developments for 2014.
Addleshaw Goddard gives an overview of future legislative developements for the coming year.
The European Court of Justice (ECJ) has confirmed that obesity may be a disability where it: ‘entails a limitation resulting in particular from long-term physical, mental or psychological impairments’.
On 13 December 2014, Regulation 1169/2011 on the Provision of Food Information to Consumers became directly applicable in Slovenia.
There are inherent difficulties with work social events stemming from the fact that for the most part, a work-social event is just that — work.
Holiday pay: recent developments download
Addleshaw Goddard gives an update on developments relevant to how an employer caluculates holiday pay in future.
Ogier in Jersey has acted for Northwood Investors in connection with the acquisition of more than 7.1 million square feet of office and industrial properties.
Macquarie Radio Network and Fairfax Media are to merge their respective radio businesses. Minter Ellison acted as legal adviser to Macquarie Radio Network.
Loyens & Loeff has appointed Gerard Blokland, Bastiaan Cornelisse, Tom van Helmond, Natalie Reypens and Michael Scott as partners, effective from 1 January 2015.
Gateley has advised on the sale of plastic components company Fibracon Twin and its sister arm Insoll Components to Röchling Engineering Plastics.
The M&A team at Wierzbowski Eversheds has advised Perma-Fix Medical on its reverse merger with CEE Opportunity Partners Poland.
DLA Piper has advised on the largest LIC IPO on the Australian Securities Exchange since late 2006.
DLA Piper’s Mark Radcliffe, a Silicon Valley-based partner, has been chosen as one of 25 recipients of The Recorder’s first-ever ‘Innovator Award’.
DLA Piper has advised Market Tech Holdings, a holding company with iconic real-estate assets in London’s Camden Town, on its £750m AIM IPO.
DLA Piper’s role encompassed a full due diligence review of the target group, advice on the auction process and subsequent completion of the acquisition.
Financial Regulatory Developments — EP agrees MLD 4 progress; FCA pleased with post-RDR review; and more download
Dentons has released the 22 December 2014 issue of its Financial Regulatory Developments (FReD) publication.
What the law (s244) says about credit terms once a company has fallen into insolvency
Shepherd and Wedderburn has advised the senior creditors on the Scottish aspects of one of the largest and most complex road projects involving bond financing in the UK.
Katie Hooper was sworn in before the Royal Court of Jersey on 1 December and Matt McManus was admitted as a solicitor on 18 December.
According to Minter Ellison partner Andrew Gill, an agribusiness specialist, the China-Australia Free Trade Agreement ‘plays to our strengths’.
James Batham, head of the retail sector at Eversheds, has commented on the record retail sales arising from ‘Black Friday’.
Robin Johnson has commented on the news that Visteon is set to sell a stake in its air-conditioning business for $3.6bn.
Africa e-briefing, December 2014: OHADA Masters degree; integration of EALI members; EALI and Morrocan country guide, COMESA guidelines and foreign exchange reform download
Eversheds’ Africa e-briefing includes the new OHADA Masters degree, the integration of EALI members, the EALI summit and country guides, Morrocan guide, COMESA guidelines and foreign exchange reform.
Holiday pay – an essential guide download
The Employment Appeal Tribunal has confirmed that non-guaranteed overtime must be included in holiday pay if it is paid regularly.
HMRC has published a finalised policy on VAT for pension schemes.
A new Consumer Rights Bill introducing changes to the provision of goods, services and digital content, is set to become law in October 2015.
On 2 December, Eversheds hosted its annual Food and Drink conference, which opened with a keynote speech by Adam Leyland, editor of The Grocer.
Government action on holiday pay download
The government has announced changes to the law which will limit claims for deductions from pay filed on or after 1 July 2015 to deductions which occurred in the two-year period before the claim is filed.
In recent years, many consumer-facing multi-national companies have been paying increasing attention to a developing global business and human rights agenda.
Conyers Dill & Pearman has advised on the establishment of a Cayman Islands securitisation structure for Manitowoc Company.
The Walker Morris team comprised Paul Emmett and Thomas Mieszkowski (corporate), Jeremy Moore and Harry Loffman (real estate) and David Blumenthal and Sarah Bruce (tax).
Supreme Court rules even royalty must sign own disclosure statement and weighs in on question of relief from sanctions download
The Supreme Court has for the first time addressed the question of post-Mitchell relief from sanctions in the recent case of HRH Prince Abdulaziz Bin Mishal bin Abdulaziz Al Saud v Apex Global Management Ltd and anor.
Extended through the end of this year are a host of tax-related deductions and credits that affect businesses and individuals, among them the work opportunity tax credit.
In May the English Court of Appeal held that access to a company’s register of members did not have to be given if one of the purposes of the request was not proper. What are the implications for Guernsey?
Shoosmiths has advised Eriks on the disposal of Revolvo Ltd to US corporate The Timken Company.
Eversheds named Business Law Firm of the Year at the InBusiness Editors Choice Awards.
Naming a company: what's in a name? download
If you are thinking of forming a new company, limited liability partnership or business, new regulations coming into force on 31 January 2015 may help when it comes to choosing your company name.
DLA Piper has advised the Hahn Group on Erding sale.
One problem with keyword advertising is that keywords are often similar to trade marks and if you don’t get it right you can be dragged into costly infringement proceedings.
Difficult questions often arise in connection with BVI companies, with regard to directors.
A recent Employment Tribunal decision means that overtime must be taken into account when calculating holiday pay.
Institute of Chartered Accountants releases guidance on donations to a charity from its trading subsidiary download
New guidelines say a trading subsidiary is not permitted to pay its parent charity a greater sum in Gift Aid than it has profits.
In addition, the practice is recruiting two new members to its senior management team.
Lawyers from Prager Dreifuss are recognised by the SWX Swiss Exchange as expert representatives for listed companies.
Our lawyers have expert knowledge of the Swiss legal and regulatory framework as well as strong commercial and contract drafting skills.
The acquisition of companies or groups of companies as well as the implementation of mergers and other restructurings are at the centre of the professional life of our business transaction lawyers.
Memery Crystal partners led a LSE workshop on internationalisation for SMEs that have expanded or are interested in expanding their UK businesses globally.
Foxton will commence her appointment in early March 2015
Bär & Karrer has been recognised as ‘Switzerland M&A Legal Adviser of the Year’ at the recent Mergermarket M&A Awards.
For this IPO, the law firm acted for Guotai Junan International, the sole sponsor and sole global co-ordinator.
Walker Morris corporate and commercial dispute resolution lawyers act for Augean in High Court success
Walker Morris has advised Augean plc on its High Court success against the previous owners of HiTech Ltd.
The Corporations Amendment (Publish What You Pay) Bill 2014 (Cth) (Bill) is currently before the Senate.
In a recent appeal case — Wu v Hellard — the court confirmed that it can not order liquidators of a company to provide security for costs where the liquidator brings an action in his own name.
How can employees safeguard the individual’s dignity and mitigate allegations of age discrimination when it becomes necessary to bring an employee relationship to an end?
Sentencing hike for health and safety, corporate manslaughter or food safety and hygiene offences on the cards download
Proposed sentencing guidelines could have a dramatic impact on the level of fines imposed on businesses convicted of health and safety, corporate manslaughter or food safety and hygiene offences.
Most people think of renting a business property in the same way as renting a private home but BP Collins’ Sarah McLoughlin believes nothing could be further from the truth.
Minter Ellison advised the NSW government over the procurement of Northern Beaches Hospital in a ‘first of its kind’ transaction.
A team from Ogier’s Cayman office has advised Gatehouse Bank on its joint venture with Sigma Capital for the £110m development of rental homes.
DLA Piper has advised real estate company Octagon Residential S.à.r.l. on the refinancing of a German residential portfolio.
Here, we discuss some key areas where HMRC’s agreement is essential to ensuring a smooth restructuring or insolvency process.
The Second Circuit has reversed convictions for insider trading and conspiracy to commit insider trading in an appeal following a six-week jury trial.
The importance of companies being able to freely advertise their fees or discounts has again been highlighted by the Competition and Markets Authority (CMA).
Should the UK adopt Cape Town’s Alternative A insolvency regime? Lessons from the US and Canada download
The UK is consulting on whether to incorporate Cape Town’s Alternative A insolvency regime into English law.
What do London, Paris, New York and Tortola have in common? If the ambitions of the British Virgin Islands come to fruition, they are four of the most popular seats for international arbitration.
You are looking to sell your shares in a company, but is it possible that the confidentiality provisions in your shareholders’ agreement will prevent you from doing so?
Two recent decisions have clarified the heightened burden facing employers addressing whistleblower retaliation claims under Section 806 of the Sarbanes-Oxley Act.
Manchester is the ‘best example’ of any host city that has delivered a sporting legacy.
A recent decision of the US District Court for the Southern District of New York highlights some of the complications involved with third-party funding in multijurisdictional disputes.
Shoosmiths and Bond Dickinson have advised on a rail deal that will bring hundreds of new carriages on the Gatwick Express and Thameslink routes as part of a £317m investment by the rail industry.
Walker Morris has advised on the sale of Woodleigh Community Care to Care Aspirations Developments, a wholly owned subsidiary of Cambian Group plc.
PwC was the headline sponsor at a conference with The Lawyer.
On 3 December, Transparency International, the leading civil society organisation fighting corruption worldwide, released its 20th annual Corruption Perceptions Index (CPI).
Late payment remains a major issue in the construction industry, according to a joint survey conducted by the National Specialist Contractors Council and the Federation of Master Builders.
The Construction Contracts Act 2013 was enacted by the Oireachtas in Ireland in July 2013, but has not yet come into force. The commencement of this act is eagerly awaited by the construction industry.
There are three things in the Autumn Statement that we want to bring to your attention which you may have missed, and that may be of relevance to you.
Many companies are increasing their reliance on third parties to facilitate growth and contend with changing economic conditions, globalisation and cost considerations.
The Italian Antitrust Authority has approved with conditions the establishment of the joint venture (JV).
Limited partnerships are governed by the Limited Partnerships (Guernsey) Law, 1995, as amended.
Retail figures are encouraging but must continue into December, according to Eversheds’ James Batham.
Attendees at the event discussed critical subjects of key importance to law firms and investors working in Central and Eastern Europe.
KPMG International has announced record-high aggregated network revenues of $24.82bn (£15.82bn) for the fiscal year ending 30 September 2014.
Memery Crystal has advised on the reverse takeover by Hangar8 of Gama Aviation and the admission of the enlarged group to AIM.
Chancellor’s Autumn Statement and the national infrastructure plan — what does it mean for planning?
Walker Morris’ planning and environment team provides a brief overview of the proposals likely to impact on the current planning regime.
Dealing with poor performers is often the area managers find most challenging. We set out below seven key steps managers should take.
We have seen an increasing number of public company takeovers structured as schemes of arrangement.
Sarah Sasse, who leads Wragge Lawrence Graham & Co’s public sector IT/outsourcing practice, has been named in the 2014 Power Part Time list.
Wragge Lawrence Graham & Co’s solar energy specialists have advised RGE Energy on the disposal of a solar project.
Richard Curran and Sarah Pickering examine the issues for lenders to consider when taking and enforcing equitable share security in the context of plcs.
Does an added requirement that a discretion be exercised in a commercially reasonable manner impose a greater burden on the decision-maker?
A rehabilitation plan has been agreed for Ukrainian chemicals giant PJSC Sumykhimprom.
The Administrative Court of Appeal has confirmed the powers of Dmytro Kiva as president of Antonov.
DLA Piper has advised AlM-listed Seeing Machines on the Australian component of its most recent fundraising initiative.
Growth in the commercial property market has continued, with office take-up in urban areas expected to keep growing towards year end.
Tim Crosley, head of the tax department at Memery Crystal, spoke at the MBL In-House Lawyers — Commercial Law Round-up 2014 Conference.
Khaitan & Co has represented Indian Beauty and Hygiene Association and Hindustan Unilever Ltd.
Eversheds has sponsored the recent Trinity College Charity Fashion Show.
Wragge Lawrence Graham & Co’s automotive team will play a significant role in a driverless cars initiative.
Austrian electronics specialist Rohde & Schwarz-Österreich is leading a consortium related to Serbia’s digital switchover.
This year’s Big Deal competition saw the Kragujevac Law School team triumph over their colleagues from Novi Sad and Belgrade.
Amendments to Federal Law No. 57-FZ take effect on 6 December 2014.
The Canadian government partnered with Startup Canada to hold Startup Canada Day on the Hill on 26 November.
The Privatisation Act, adopted in August 2014, introduced ‘strategic partnership’ as one of the methods of privatisation.
DLA Piper has advised Ballast Nedam NV on the sale of its offshore activities to a subsidiary of the dredging company Van Oord NV.
Is there a correlation between good leadership, trust, operational performance and societal value?
DLA Piper’s mining-focused lawyers offer practical and relevant advice that is grounded in commercial reality.
It is not uncommon for Hong Kong companies to overlook certain procedural requirements regarding the holding of AGMs and the tabling of audited accounts.
The ‘Only Way is’ Profits: High Court measures loss of profits in the wake of Sugar Hut blaze download
In Sugar Hut Group v AJ Insurance, the High Court was asked to consider the business interruption losses arising out of a fire at the Sugar Hut club in Essex.
The Small Business, Enterprise and Employment Bill is currently going through parliament.
A snapshot of the investor-state dispute settlement framework in Australia’s Asian free-trade agreement trifecta download
On 17 November 2014, Australia and China concluded negotiations over the China-Australia free-trade agreement.
Addleshaw Goddard has released the November 2014 issue of its InSure publication.
Here is a cautionary true story including some practical advice on how to recognise an untrustworthy business partner at an early stage.
Buried behind the headline changes to stamp duty on residential properties in the recent Autumn Statement were two key measures that will affect businesses.
Wragge Lawrence Graham & Co’s food & drink specialists explain what de-listing is, what the guidance says and what all of this means for supermarkets and suppliers.
Mergers: European Commission approves acquisition of Covidien by Medtronic, subject to conditions download
The European Commission has cleared the proposed acquisition of Covidien by Medtronic.
Luxembourg is a renowned financial centre, and particularly active in the debt segment of the capital markets.
David McGuirk, partner and rates expert at Eversheds, has commented on potential measures on business rates.
As the ink dries on their signatures and the parties to a newly formed contract sip Champagne, rarely do they contemplate what happens when things go wrong.
DLA Piper has launched an interactive report ’Build or be Dammed: Meeting Australia’s Infrastructure Challenges’
Terminating a contractor’s employment under a building contract may sound like a simple thing to do and, all too often, parties assume that it is.
Dacheng has advised Wuhan Super Gamer Network Technology on its successful listing on the National Equities Exchange and Quotations (NEEQ) system.
DLA Piper has acted for China’s largest pharmaceutical company on the issuance of HK$5.5bn of new shares.
Dacheng has assisted Henan Yuhua New Material in gaining approval for the issuance of 2014 SME private placement bonds from the Stock Exchange of Shenzhen.
The double tax treaty between France and Luxembourg contains a favourable tax regime for capital gains on shares of real-estate companies.
On 31 July 2014, Fujian Tonghang Aviation Industry Co and Brumby Aircraft Australia signed contracts of joint venture. Dacheng advised Fujian Tonghang.
Shoosmiths has won the ‘Asset Finance Legal Provider of the Year’ award at the Leasing Life Awards 2014
On 20 November 2014, Zhongdian Intelligent (Fujian) System Integration Co was listed on the NEEQ system. Dacheng advised the company on the listing.
A Dacheng team co-ordinated by senior partner Liu Xinde has advised Sunshine Insurance Group on PRC law issues related to the acquisition.
A team from Dacheng has been admitted into a pool of PRC law attorneys for China Minsheng Investment Corporation.
Carey Olsen remains the top offshore legal adviser to clients listed on the London Stock Exchange (LSE) for the ninth consecutive year.
According to William Ballmann, this ‘encouraging’ research bodes well for employment in the region.
Shepherd and Wedderburn has acted for Trunature Holdings in its acquisition of Glasgow-based twine and string manufacturer Henry Winning.
Eagul Faigen and Tim Mathers will join the firm on 2 February 2015.
The Supreme Court of Canada’s (SCC) recent decision in Bhasin v Hrynew attempts to clarify and extend the role of good faith in contract law.
Important changes to offerings to existing security holders and rights offerings and their impact on the mining sector in Canada download
Two important developments have been announced that affect how Canadian reporting issuers can raise capital from their existing security holders.
Can an employee who has breached their employment contract claim constructive unfair dismissal? download
The EAT has considered whether an employee who had repudiated his employment contract could bring a constructive dismissal claim following his employer’s subsequent repudiatory breach of contract.
In Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors, the High Court was willing to imply authorisation of directors’ conflicts of interest.
Robin Johnson, co-chair of the cross-border M&A team at Eversheds, has commented on the recent M&A figures from the Office for National Statistics.
The business minister Matthew Hancock has announced changes to the Small Business, Enterprise and Employment Bill 2014–2015.
Philip Edey QC, Andrew Fulton and Sarah Tresman were instructed by Quinn Emanuel Urquhart & Sullivan UK.
DLA Piper has advised EMMVEE Solar Systems on the sale of Solarpark Bronkow Luckaitztal to regional energy provider RheinEnergie.
In 2013, the Court of Appeal was asked to consider the obligation of good faith in a commercial contract in the context of the exercise of a contractual discretion.
The Consumer Protection (Amendment) Regulations 2014 came into force on 1 October 2014. These amend the Consumer Protection from Unfair Trading Regulations 2008.
NCTM has assisted Turbocoating, a specialist in coatings and surface treatments, in the establishment of a 50-50 joint venture with GE Aviation.
DLA Piper has advised ASX-listed Mirvac Group on its acquisition of a major retail centre and marina in Sydney.
The placing agreement was signed on 30 November 2014, pursuant to which Morgan Stanley will place an aggregate of 594,056,000 new H shares.
Mourant Ozannes advises Big Yellow Group, Cable & Wireless, Informa and Workspace Group on equity placings
Mourant Ozannes has advised four FTSE 250 companies on their recent equity placings, which have raised in a total in excess of £495m.
Khaitan & Co has advised Cigital in relation to the acquisition of the entire issued share capital of iViZ Techno Solutions.
Ivana Vragovic, Karanovic & Nikolic’s procurement expert in Bosnia & Herzegovina, has commented on the enactment of a new law on public procurement.
The Ogier partner was named in Eprivateclient’s list of the top 50 most influential people and Who’s Who Legal: Private Client 2014.
A court has quashed the order of the Ministry of Industrial Policy of Ukraine No. 29-D of 26 May 2014.
Dentons and Stepanovski, Papakul & Partners have signed an association agreement to continue the co-operation started with legacy firm Salans in 2011.
NCTM has advised the Villa family on the sale of the entire share capital of Villa & Bonaldi to Brembana & Rolle.
Minter Ellison is acting as legal adviser to the owners of Primo Smallgoods Group in what is described as Australia’s largest private equity transaction of 2014.
BDK Advokati/Attorneys at Law has advised EBRD on a €23m (£18m) secured loan to Serbian soft drinks producer Nectar.
HRMC has published new guidance which sets out the circumstances in which a holding company may recover VAT.
The Italian government has powers to intervene in certain transactions involving Italian defence companies under Italian Law Decree No. 21 of 15 March 2012.
The COMESA Competition Commission has issued guidelines on merger control rules.
Onex Corporation, advised by Bär & Karrer, has agreed to acquire SIG Combibloc Group for up to €3.75bn.
BDK has advised Swiss company Newmet on a successful takeover bid for the acquisition of majority shares in Serbian company Nissal AD.
DLA Piper has been named as the winner of the Listed Company Award at the IFT Turnaround and Transformation Awards, held on 26 November.
DLA Piper has advised Catella Real Estate on the acquisition of a residential and commercial building in Munich.
DLA Piper has been appointed to Royal Mail’s legal panel as part of its first comprehensive panel review since its listing on the London Stock Exchange in October 2013.
David Young, partner and health and safety expert at Eversheds, has commented on the prevalence of campylobacter in supermarket chickens.
On 6–7 November 2014, the IX Kazakh Forum of Corporate Lawyers — moderated by GRATA Law Firm — was held in Almaty.
Nabarro has advised the management team and certain selling shareholders on the management buy-out of Human Capital Investment Group.
A recent case held that payments made by insolvent companies out of share premium to redeemed shareholders cannot be clawed back by a liquidator using section 37(6) of the Companies Law.
DLA Piper has advised Australian Securities Exchange-listed REVA Medical Inc on the issue of $25m (£15.8m) of convertible notes and also 8,750,000 options to an international investor consortium.
Emma Edhem CC, barrister at No5 Chambers, has been invited to attend the B20 Turkey inaugural meeting by the chairman M Rifat Hisarciklioglu.
On 24 November 2014 Guernsey’s Legislation Select Committee passed the Companies (Guernsey) Law, 2008 (Amendment) Ordinance, 2014 with immediateeffect.
Corporate law update: have your say on the incoming public register of beneficial ownership of UK companies download
Earlier this year the government announced its intention to create a new central registry of company beneficial ownership information.
Whistleblowing has been back in the news again recently, with a number of high-profile cases making the headlines.
Large companies may soon have to publish details regarding any late payments they have made, in a bid to provide more information to small firms who are thinking of doing business with them.
In Ageas (UK) Limited v Kwik-Fit (GB) Limited and AIG Europe Ltd, the High Court examined the legal authorities on measuring loss for breach of a warranty in a share and purchase agreement.
TUPE in outsourcing download
Kemp Little looks at the development of case law on TUPE in outsourcing situations and draws out five main themes from the key cases of the last 12 months.
The Brussels I Regulation (Recast) comes into force on 10 January 2015 bringing with it the promise of significant improvements to the jurisdictional regime within the EU.
The Advertising Standards Authority has warned video bloggers — vloggers — that they need to be clearer when they are accepting payment for promoting products.
Various factors can be taken into account at site set-up which will make a development more attractive to a purchaser of the reversionary interest of the freehold.
With a new set of regulations on the horizon, we are about to see the most significant changes to the EU procurement regime in a decade.
In a recent case that came before the High Court, the TCC has shown that it will go to great lengths to enforce obligations to deliver collateral warranties and performance bonds that are provided for in construction contracts.
The remit of disclosure orders under section 236 and the distinction between information and documentation download
The Chancery Division has granted liquidators’ application for disclosure of documents under s236 Insolvency Act 1986 in order to help them investigate possible claims against the respondents.
On 31 October 2014, Dacheng’s Wu Ding participated in a seminar held by NEEQ Co, where he discussed a draft version of NEEQ trade suspension rules.
B P Collins is set to sponsor the drinks reception at the Buckingham Business Awards.
When the relatively straightforward ‘out of court’ route for placing a company into administration is not available, it is necessary to make an application to the court for an administration order.
DLA Piper has been appointed to Royal Mail’s legal panel as part of its first comprehensive panel review since its listing on the London Stock Exchange in October 2013.
Ince & Co confirmed the completion of the $160m corporate sale of the PVM Group, an independent broker of oil instruments, to Tullett Prebon plc, an interdealer brokers.
The Privy Council in Bermuda has handed down judgment in the connected cases of Singularis and Saad.
In an era where price fixing and anti-competitive practices attract fines measured in billions, the disparity associated with sentencing for safety offences has never been more evident.
This memorandum has been prepared for the assistance of our clients in connection with the provisions relevant to migration of companies into and out of Guernsey under the Companies (Guernsey) Law, 2008 (as amended) (the Companies Law).
US clothing company American Apparel has chosen Loeb & Loeb partner Chelsea Grayson as its new general counsel, effective 15 December.
Alan Rawley QC’s memorial service will be held at Temple Church on 3 December 2014 at 18:00.
Wanambwa has experience advising major corporates, financial institutions and insolvency practitioners on a broad range of large commercial disputes.
Nabarro has acted for Kish Holdings, which was advised by Green Property, in relation to the sale of the issued share capital of Kish One for more than £206m.
Yerlan Turemuratov, GRATA representative in Uralsk and Aksai, represented GRATA at the Forum on Support to Small and Medium Businesses in Almaty.
Goodman Derrick has received recommendations in all of its core commercial practice areas from Chamber & Partners and The Legal 500 in their 2014 editions.
Dacheng has advised State Nuclear Power Technology Corporation, which has signed a framework agreement with Sany Group regarding the restructuring of equity.
Dacheng capital markets partner Wu Ding has advised Shikongke New Media (Dalian) Co on its successful listing on the NEEQ system.
The China Enterprise Federation has written to thank Dacheng for supporting the 2014 China Top 500 Enterprises Summit, which was held in September 2014.
Stephen Rosen, head of the financial disputes group at Collyer Bristow, has commented on a recent Panorama programme called ‘Did the bank wreck my business?’.
Joe Andrew, Dentons global chairman, was a featured speaker at the Atlantic Council’s summit in Istanbul.
Equal-pay claims are often viewed as the preserve of the public sector, but in light of the current class action against Asda this perception is being challenged.
The new EU Regulation No 1169/2011 on the Provision of Food Information to Consumers will enter into force on 13 December 2014.
The Competition and Markets Authority has decided to launch an investigation into the PCA and SME retail banking sectors.
Thinking of going public? download
The past year has seen an increase of companies listing on public markets around the world, including AIM.
Whistleblowing — every little helps? download
Following on from the recent revelations surrounding Tesco, BWB’s Louise Rea explores the legal connotations of whistleblowing.
Banks have become very active in recent months selling off loans in large portfolio sales.
The cost of poorly performing IT and intra-group outsourcing in the FS sector — it could be higher than you think download
The recent spate of fines handed down to banks demonstrates how critical the understanding, control and oversight of IT systems has become within the FS sector.
James Batham, head of the retail sector at Eversheds, has commented on the importance of Black Friday to the Christmas retail period.
Apportioning the magic and sparkle — Supreme Court to consider M&S break clause rent apportionment case download
The Supreme Court will hear an appeal of the Court of Appeal decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd.
The corporate team at Bates Wells Braithwaite explores some of the advantages and disadvantages of an initial public offering (IPO).
Huckle is currently the commercial director at Holman Fenwick Willan and will join Chambers on 5 January 2015.
Khaitan & Co has acted as the domestic legal counsel to CESC in relation to a qualified institutions placement.
Khaitan & Co has advised FCC Co in relation to the acquisition of RICO Auto’s entire shareholding in FCC RICO for $80m.
This client briefing gives a brief overview of the structure and benefits of using special-purpose acquisition companies.
The lawyers of Colibri Kazakhstan possess innovative experience in supporting infrastructure and industry projects in Kazakhstan since the moment of the development of PPP mechanisms in the country.
Our team has gained practical experience in construction and real estate during the period of construction boom in Kazakhstan.
Colibri Kazakhstan’s team supports oil and gas projects using its practical experience and excellent knowledge of the industry.
Our experience in the mining sector allows us to support clients in projects of any complexity.
Lending Code revised download
The Lending Code is a voluntary code of conduct on how banks should deal with lending to consumers, micro-enterprises and charities with an annual income of less than £1m.
Freshfields Bruckhaus Deringer and Stewarts Law are gearing up for a shareholder battle brought against Tesco following its first-half £250m profit overstatement in September this year.
Colibri Kazakhstan’s financial practice includes various projects of major investment banks, national and international companies, and international financial institutions.
Forty-five per cent of financial services organisations have suffered economic crime during the survey period, compared with only 34 per cent across all other industries.
Colibri Kazakhstan’s experts advise clients on legal, regulatory and strategic matters in the telecommunication and technology sectors.
Colibri Kazakhstan’s team has wide experience of providing consulting services to FMCG companies.
Our lawyers have excellent expertise in the transport industry.
Khaitan & Co has advised Inmage Systems Inc and Inmage Systems Ltd in relation to their acquisition by Microsoft Corporation.
Khaitan & Co has advised Saregama India and successfully opposed the grant of ad interim relief prayed by Ultra Distributors against Saregama India.
The litigation team at Colibri Kazakhstan deals with all aspects of commercial dispute resolution cases, most of which result in success.
Colibri Kazakhstan has announced an agreement with Intercomp Kazakhstan.
Myrzhakhmetov said interesting and important discussions of the issues concerning the entrepreneurs were raised with various solutions offered.
The Croatian Competition Agency was provided with the authority to conduct dawn raids in 2010, but it was not until June 2013 that it conducted its first one.
The Law Commission has launched a research project considering reforms that would enhance the protection given to consumers in retail insolvencies.
DLA Piper has advised Stobart Group on a project to construct a £110m combined heat and power (CHP) biomass plant at its site in Widnes.
RPL brought claims against former advisers in relation to its admission to trading on AIM in 2006. 7KBW barrister Christopher Butcher QC acted for Grant Thornton.
Food and Beverage News and Trends — advocates of GMO labelling vow to continue fight even after electoral losses; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
A clear understanding of the extent to which US antitrust laws can reach conduct outside the US would be extremely useful, even essential, for global companies.
A prosecutorial assault has been launched on businesses that use outsourcing, franchising or subcontracting.
Managing partner, LLM
BWB Briefing for Charities and Social Enterprises — several interesting reports about the role of trustees; and more download
Bates Wells Braithwaite has released the 20 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
Kering has successfully completed its acquisition of Ulysse Nardin from its former owners. Bär & Karrer advised the sellers in the transaction.
Shoosmiths has been shortlisted for the ‘Asset Finance Legal Provider of the Year’ award at the Leasing Life Awards 2014.
In November 2014, Adam Farrer from No5 Chambers acted for the HSE in the prosecution of a care-home company at Cardiff Crown Court.
Andy Moseby, corporate partner at Kemp Little, has been re-elected to the executive committee of the British Interactive Media Association (BIMA).
According to a study, the UK’s biggest firms have four times more foreign directors than their US counterparts and female representation on boards is also growing.
Arcadia Group general counsel Mary Geraghty has resigned from the company after seven years as its chief legal adviser.
DLA Piper advised Neothetics in the pricing of its initial public offering of 4,650,000 shares of its common stock at a public offering price of $14 per share.
However, Paul Schoff, head of the firm’s Australasian Competition Group, voiced concerns over the section on misuse of market power.
Dentons considers one of the key aspects of the judge’s findings as between UBS and KWL.
Focus: loans to enterprises by insurance companies — amendments to Regulation 36/2011 approved by IVASS download
Law Decree no. 91 of 2014 has added a new provision to paragraph 2 of article 114 of Legislative Decree no. 385 of 1 September 1993.
The World Oil Council is the world’s largest business event for the oil and gas sector.
The Sentencing Council has just opened a consultation on proposed draft guidelines for the sentencing of food safety and food hygiene offences.
The International Business Structuring Association conference focused on ‘Trends in Cross-Border Corporate Acquisitions’.
OECD proposes curtailing use of commissionaire and other arrangements that aim to avoid PE status download
This article discusses the draft’s proposals regarding commissionaire arrangements and the activity exemptions.
This article updates key, high-level takeaways based on recent meetings surveying ongoing developments.
This newsflash provides information on the obligations under the BCL Regulation as amended by Regulation 2014/N17.
Opinion Release No. 14-02 raises questions about whether the DoJ is clarifying its stated view of how the FCPA applies to M&A transactions.
Bär & Karrer has advised Partners Group on its acquisition of the ‘Helvetica I’ portfolio on behalf of its clients in a secondary transaction.
The business rates regime is in urgent need of a revamp, according to retail experts, with some high streets struggling under the current system.
Choosing the right adjudicator to decide your dispute can be one of the most important and difficult aspects of the adjudication process.
In this case, the court considered a payment of funds into court as an alternative remedy to specific performance to deliver security documentation.
Boris Martor, partner and Africa law expert at Eversheds, has commented on news that three African economic blocs will merge into a new 27-nation free-trade zone.
DLA Piper has represented Groupon in its acquisition of Swarm Solutions, a San Francisco-based venture-backed technology company.
British American Tobacco’s (BAT) group legal director and general counsel Neil Withington has quit the group, as it announces a wider leadership reshuffle.
GRATA representatives presented reports on the investment climate in Kazakhstan, the practical aspects of doing business in Azerbaijan and the Eurasian Economic Union.
Eversheds has acted as international counsel to Chemtura on the sale of its agrochemicals business to Platform Specialty Products Corporation.
Eversheds has advised Carillion on its £800m partnership with Sunderland City Council, which will secure regeneration activity within the north east.
DLA Piper is advising the a2 Milk Company on its plans to list on the Australian Securities Exchange (ASX).
Michael Stephens has been invited to deliver one of the two keynote speeches at the UAE FIDIC Conference, to be held on 24–25 November.
Poland: crime of active corruption and commercial bribery as grounds for exclusion from public contracts award procedures download
Active corruption involves giving or promising to give material or personal benefit to a person performing public functions in connection with his/her public duties.
Bombay High Court provides breather to Vodafone: no ‘income’, no transfer pricing adjustment on issue of shares download
Recently, a longstanding dispute between Vodafone and the tax authorities has been put to rest by the Bombay High Court.
Dacheng has advised Wuxi Sunlit Science and Technology on its listing on the Main Board of the Hong Kong Stock Exchange.
Attorney Zhu Huiting from Dacheng’s Inner Mongolia office was recently appointed as a member of a legal advisory group for overseas Chinese-funded enterprises.
Real-Estate Insight — new rules affecting landlords with regard to Immigration Act; commentary on Youssefi case; and more
This edition features new rules affecting private landlords and managing agents with regards to the Immigration Act.
Jan Golaszewski, a dispute resolution and litigation specialist, has been promoted to partner in Carey Olsen’s Cayman Islands office.
Addleshaw Goddard is calling on all law firms to embrace agile working and the benefits it can bring to improve the international competitiveness of the legal sector.
Edward Huang and Joe Zhou attended the event and spoke with the premier of Northern Cape about the importance of legal services in promoting the economic development of the region.
Partner Chen Jie and attorney Zhang Yindi from Dacheng’s Xi’an office advised the company on the issuance.
A team led by senior partner Fan Xingcheng from Dacheng’s Shanghai office advised the company on the listing.
A recent decision shows that the courts are prepared to go to great lengths to order the provision of collateral warranties, even in the most unlikely circumstances.
Consumers have the right to redress under the Consumer Protection (Amendment) Regulations 2014.
Huanggang Urban Development and Investment Co recently retained attorneys from Dacheng as legal counsel on the issuance of RMB2.5bn worth of corporate bonds.
On 14 November 2014, the English Court of Appeal handed down its judgment relating to a complex dispute under a civil liability insurance policy.
Mourant Ozannes has advised to Brockton Capital Fund III and Dunedin Property on real-estate transactions totalling £146.5m.
Abhimanyu Bhattacharya has joined as a partner in the capital markets practice and Iqbal Khan has been promoted to an associate partner in the M&A and private equity practice.
Khaitan & Co has advised ECL Finance in relation to the IPO of unsecured subordinated redeemable non-convertible debentures for approximately $66.5m.
All UK companies are required to provide information about themselves in order to enable a person to identify the company and know where its records can be inspected.
Frances Fitzgerald TD addressed the inaugural meeting of the Eversheds Women’s Leadership Initiative (EWLI) at Eversheds’ Dublin office on 13 November.
UK Automotive Newsletter — holiday pay test cases; the Consumer Protection (Amendment) Regulations 2014; and more download
This briefing from Dentons covers the latest legal and regulatory updates in the UK automotive industry.
Food businesses at all stages of the supply chain will have to be compliant with the first phase of Food Information Regulations by 13 December 2014.
Shoosmiths is the appointed legal adviser to the UK’s only pop music genre-based literary festival, Louder Than Words.
Property disputes update — involuntary bailees: doing what is ‘right and reasonable’; and more download
In our autumn update, we report on some encouraging decisions in which the courts have recognised commercial reality.
On 24 October 2014, the Commerce & Employment department published its consultation paper on various options for reforming Guernsey’s insolvency regime.
Minter Ellison has helped WICET respond to two of the largest adjudication applications in the history of the Building and Construction Industry Payments Act.
A shot in the arm for investment funds? Tax pass-through status for a contributory trust, regarded as revocable transfer download
The Bangalore Bench of the Income Tax Appellate Tribunal has provided much needed clarity on the scheme of taxation of investment funds structured as trusts.
Dacheng’s Wu Ming has represented clients in an international trade dispute and an offshore anti-money laundering investigation in the UK.
Beijing-based partner Wang Libo and Guangzhou-based attorney Zhou Sisi from Dacheng have advised Qingyuan Qingnong E-Commerce Co.
Public companies update — Bermuda download
The US IPO market is moving from strength to strength; 2014 year-to-date IPO activity is robust, with the largest number of offerings since 2000.
RMF Market Neutral Strategies (Master) v DD Growth Premium 2X Fund represents a victory for common sense and for the Cayman Islands funds industry.
Alison MacKrill has been given a Founder’s Award for Outstanding Achievement from the Society of Trust and Estates Practitioners (STEP).
The Ocean Glory (Lorand Shipping v Davof Trading) concerned a challenge to an arbitral award on the ground of serious irregularity under section 68 of the Arbitration Act 1996.
Copyright collecting societies should be more sensitive when dealing with small businesses, according to a trade body.
Prescription and limitation applies to all claims in delict/tort and contract.
Outer Temple Chambers has announced that David Russell QC, formerly a door tenant, has accepted an offer to become a full member of Chambers.
Karanovic & Nikolic has hosted a gathering of competition policy experts at its eighth Annual Focus on Competition Conference in Belgrade.
Rosita Lau, Hong Kong-based partner at Ince & Co, has been named winner for ‘Best in Shipping’ at the Asia Women in Business Law Awards 2015.
Gender diversity in the boardroom download
The appointment of Patrice Merrin to the board of Glencore was described as a ‘historic day for the FTSE’ representing the end of all-male boards in the FTSE 100.
Game over — Supreme Court order gives certainty to landlords and insolvency practitioners acting for tenant companies download
Game Retail is reeling from the effects of the Supreme Court’s refusal of permission to allow reconsideration of an earlier Court of Appeal decision.
Mark Dunster has been appointed Bâtonnier of the Guernsey Bar. A partner at Carey Olsen Guernsey, Dunster was elected by his fellow members of the Bar.
The corporate team at Walker Morris has won the ‘Law Firm of the Year’ award at the Insider Dealmakers Awards.
The deadline of 1 October 2014 has now passed for companies to implement the changes to the Labour Code, adopted by parliament on 27 December 2013.
Tomas Jakubauskas will discuss the practical aspects of competition law at the event.
Both cases discussed in this briefing provide useful guidance on the stance the Bermudan courts will take in relation to assisting foreign liquidators.
Eversheds has advised the independent directors of Waterlogic on the proposed £122.6m takeover by Poseidon Bidco.
Experience will be as important as product in attracting shoppers this Christmas, according to retail expert James Batham.
DLA Piper has appointed corporate lawyer Iñigo Gomez-Jordana as co-senior partner in Spain. Gomez-Jordana joins the firm from Allen & Overy.
New platform for capital raising: TSX Private Markets service to provide access to capital for private and public companies download
The initial phase of the TSX Private Markets offering encompasses a dealer-to-dealer voice-brokered service complemented by an informational website.
DLA Piper has advised Sigma Capital Group on its strategic partnership with the UK’s largest listed residential property owner and manager, Grainger.
Paul Verrico, health and safety expert at Eversheds, has commented on the tough new health and safety fines proposed for UK businesses.
New developments regarding Swiss measures to prevent the circumvention of international Ukraine-related sanctions download
Measures have been adopted to prevent Swiss territory from being used as a channel to circumvent international sanctions imposed in connection with the situation in Ukraine.
Reinsurance activities in Luxembourg download
Luxembourg offers interesting tax legislation for reinsurance businesses.
Memery Crystal and Camarco recently held their first Oil and Gas Roundtable Breakfast at the Delaunay.
Investors are increasingly looking to hedge-fund owners to identify threats and protect their investments.
On 12 November, the CMA published details of the members of the investigation group and the timetable for its investigation.
Cyber security — blanket? download
Tim Ryan guides us through the cyber-security puzzle with five useful recommendations.
Takeover Code update download
A pair of consultation papers released over the summer outline areas where the Takeover Panel is seeking to improve the City Code on Takeovers and Mergers.
This practice group covers a range of legal, commercial and strategic advice to bidding consortia, awarding authorities, contractors and lenders in major sectors.
Our specialised attorneys cover the institutional, financial, accounting, and technical aspects of regulated industries in Romania.
The firm has experience in representing specialised clients active in this market, including regional energy service providers and national energy regulators and authorities.
Our telecommunications practice spans the full range of significant legal issues arising in today’s telecommunications industry.
Competition law is a significant part of Voicu & Filipescu’s practice.
Our lawyers are specialised in litigation and arbitration and have gained broad experience in intricate commercial litigations in front of courts of law of various jurisdictions.
Shoosmiths has advised family-backed private equity firm Prowting Investments on the strategic investment in bespoke property developer Bargate Homes.
Shoosmiths has advised new company Haversham Holdings on their decision to float on the Alternative Investment Market (AIM).
Over the past few months, the press has reported a rash of upcoming spin-offs.
M&A diligence: marking a document ‘without prejudice’ may not be enough to prevent admission to court download
Marking a document ‘without prejudice’ will not necessarily be a conclusive factor when a court decides whether the document is admissible in evidence.
The IPO prospectus of Xurpas shows revenue growth of 75 per cent on average per year since 2011 and enviable margins of 42 per cent average earnings before tax.
M&A diligence: hidden holiday pay download
The Employment Appeal Tribunal has ruled that workers are entitled to have voluntary overtime included in the calculation of their holiday pay.
For companies looking to move to the Main Market, there has been a concern as to whether there will be sufficient liquidity in the market for shares in companies with standard listings.
A recent report by the Chartered Management Institute has found companies have better long-term financial success when they have ethical leaders.
In the Game Station litigation, the Supreme Court didn’t get spooked by the previous case law and on Halloween confirmed that the Court of Appeal’s decision will stand.
In the post-Lehman era, a crisis has developed in the UK’s corporate governance regime.
Real Estate Gazette — international real-estate finance markets; developments in individual countries; and more
In this edition of the Real Estate Gazette, DLA Piper brings together a range of articles dealing with the financing of real estate around the world.
The Brisbane summit provides an opportune moment for policymakers to reflect upon two key questions for regulatory reform.
On 31 October, the COMESA Competition Commission published its first set of formal guidelines as to its merger notification requirements.
BDK Advokati/Attorneys at Law has advised the owners of Serbian food processor Foodland on the sale of the company to Croatia’s Atlantic Grupa.
The firm covers all facets of IP law by combining the skills of its commercial and litigation IP lawyers and providing a specialised service to clients.
Voicu & Filipescu is active in the banking, finance and capital markets sector and its lawyers have expertise in many transactions and regulatory matters.
The firm’s real-estate practice group handles a wide range of matters for our commercial, industrial, financial, institutional and individual clients.
KPMG International’s ‘Infrastructure 100: World Markets Report’ highlights key trends driving infrastructure investment around the world.
Voicu & Filipescu’s lawyers have extensive experience in assisting clients during the process of sale and/or acquisition of control stakes.
Voicu & Filipescu’s corporate and commercial work is at the heart of our practice. We service a broad range of Romanian and international clients.
The Yorkshire and the Humber region has shown a steady recovery across a broad range of sectors, including hospitality.
Gateley has welcomed associate Joanne Sears and solicitors Becky Shepherd and Emma Taylor to its residential development team.
Jan Heuvels will succeed Wilson as international senior partner, while Paul Herring takes on the new role of chairman.
Busy Bee Cleaning Services, advised by B P Collins, has acquired the entire issued share capital of contract cleaning and security company Optim.
Base Erosion and Profit Shifting (BEPS) is the base erosion referred to as the tax base and its implications for future tax structures.
Sarah Crowther, a specialist in all claims for injury, illness, accident or disease involving an international element, has joined Outer Temple Chambers.
An Illinois business owner has been taken into custody after his business failed to correct serious trenching hazards and pay OHSA penalties.
Schoenherr is advising the América Móvil group in its participation in the up to €1bn capital increase announced by Telekom Austria.
Far from being hindered by the sanctions on Russia, lawyers think Kazakhstan is benefiting.
DLA Piper has represented Avalara in its financing round of $100m from an affiliate of private equity firm Warburg Pincus.
Bates Wells Braithwaite has acted for the independent reviewer of the Advertising Standards Authority Adjudications and for the Advertising Standards Authority.
DLA Piper has advised Dragon Capital on the establishment of a new natural gas exchange called Ukrainian Gas Exchange (UGX).
Eversheds has advised Scatec, a solar energy provider, on a joint venture to construct and operate three solar energy projects in Jordan.
Eversheds has advised NHP on its £477m acquisition by Formation Capital, Safanad and Court Cavendish.
Burness Paull and CMS Cameron McKenna have been named on FTSE 250 outsourcing company Interserve’s first Scottish panel after beating seven firms to make the roster.
Following the Wein Review, the new Franchising Code of Conduct has been released and, assuming it is enacted, will take effect on 1 January 2015.
Khaitan & Co has advised Imergy Power Systems India in relation to a working capital facility of approximately INR450m availed from ING Vysya Bank.
Gateley has advised East Midlands-based haulage, storage and logistics business Lockwood Holdings on a major shareholder restructuring deal.
DLA Piper has acted for Samsung Heavy Industries and its subsidiary Samsung Heavy Industries Nigeria in forming a joint venture partnership with LADOL.
his article discusses the impact of the EAT’s long-awaited ruling in three cases and its implications for those in the automotive sector.
Shoosmiths has expanded its family law offering with the appointment of a partner, an associate and a solicitor.
Outer Temple’s John McKendrick gave a presentation to members of the Association of Certified Fraud Examiners in Mexico City on 10 November 2014.
The CMA is to make a ‘Phase 2’ market investigation reference in relation to the supply of retail banking services to personal current account customers and SMEs.
The Central Bank of Ireland has published Consultation Paper 86 on Fund Management Company Effectiveness — Delegate Oversight.
DLA Piper played a key role in an agreement between Gulf Related and Al Tayer Group that will see the opening of Macy’s and Bloomingdale’s at Al Maryah Central.
Recently, the English High Court handed down its judgment in the carefully watched Carewatch case.
Conyers has been awarded eight top rankings in The Legal 500’s 2015 edition. The firm’s offices in Bermuda, the BVI, Dubai and Hong Kong all received a tier-one ranking.
For most M&A transactions, one of the primary concerns for the buyer is understanding the risks it will be inheriting through the purchase of certain assets and/or shares.
Conyers Dill & Pearman’s BVI office has been given top rankings in three key industry awards this year from Chambers and Partners, Legal 500 and IFLR1000.
In an important decision, the High Court has held that a property valuer was liable in negligence to the issuer of securitised bonds.
B P Collins has recently acted for TMD Holdings, a manufacturer of microwave tubes, power supplies and transmitters and other laboratory applications.
If enacted, this law will bring significant changes to the payment services sector as far as domestic transactions are concerned.
Addleshaw Goddard has advised UK REIT client and primary care property investor and developer Assura Group on its acquisition of 11 medical centres.
In 2013, claims were issued by a number of retailers against Visa alleging that it wase guilty of restricting completion by imposing a minimum transaction fee.
B P Collins has acted for Simon Elvin Holdings (SEH), advising on a share exchange between SEH and sister company Nigel Quiney Publications.
Food and Beverage News and Trends — tax on sugary sodas approved; FDA to settle lawsuit over GRAS rule; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading
The Court of Appeal has given judgment in a case that has implications for all traders who rely on letters of credit for payment security in their sale and purchase transactions.
Khaitan has represented Al Jazeera Steel Products Company SAOG, which had entered into an agreement with Shreeyam Power for the supply of prime alloy steel billets.
Wragge Lawrence Graham & Co has advised Formation Capital on its acquisition of NHP for a consideration of £477m.
Shoosmiths has advised client Citygrove Securities and subsidiary Albemarle Developments on the major redevelopment in Telford’s town centre.
Gateley has advised on a deal that saw Avignon Capital purchase the commercial assets of The School Yard, a Grade II-listed Victorian former school.
Eversheds has advised Dairy Crest on the proposed sale of its Dairies operations to Müller UK & Ireland Group for £80m.
Court’s refusal to enforce an award on public policy grounds: a step backward for international arbitration in Australia? download
A recent judgment prompts some concern that the Australian judiciary may still blur the dichotomy between the powers of the arbitral tribunal and the court.
Conyers Dill & Pearman has advised US Bank National Association on a $1bn offering of senior secured notes by Lundin Mining Corporation.
Copyright holders are being urged to claim their rights following the launch of a licensing scheme that will enable reproduction of ‘orphan’ works and performances.
20 Essex Street remains at the forefront of shipping and commodities law and is regarded as the leading Chambers for dry shipping work.
20 Essex Street is well known for its expertise in contentious and non-contentious restructurings, insolvency law and company law.
Members of 20 Essex Street have strength and depth of expertise in disputes concerning energy and natural resources.
20 Essex Street has a strong reputation as a leading arbitration set. It has a team of 18 leading international arbitrators from around the globe.
A number of members of 20 Essex Street specialise in the substantive law of the EU and in UK and EU competition law.
20 Essex Street advises on all types of commercial disputes and has expertise in disputes with an international dimension.
At the third outing at the Court of Appeal, Marks and Spencer (M&S) was successful for a third time in overturning a decision of Mr Justice Arnold.
Wragge Lawrence Graham & Co’s engineering and construction experts consider the principal changes in the new Third Parties (Rights Against Insurers) Act 2010.
Chambers UK has placed Wragge Lawrence Graham & Co in 43 categories, 17 of which are in Band 1.
Dealing with today’s cyber threat isn’t simply a question of reviewing your security systems.
‘Boilerplate’ refers to the legal clauses of general application typically found at the very front and very end of complex agreements.
Ogier is expanding in Jersey with the recruitment of partner Matthew Shaxson from Mourant Ozannes.
Mourant Ozannes has announced three internal promotions to group partner with effect from February.
Khaitan & Co has represented Man Industries (India), which has through ICICI Bank issued a counter-guarantee to a bank in Iraq.
Eversheds has advised NWCL on the establishment of its $1.5bn medium-term note programme and its first issuance under the programme.
Latency is the delay experienced in an IT system between an input being sent and an output being received.
Outsourcing arrangements are often at the core of a customer’s business, given their long-term nature and the increasing trend to outsource business-critical functions.
A recent decision from the Commercial Court provides useful guidance on the construction of clause 8 of the popular GAFTA 49 form.
This briefing addresses some important changes in antimonopoly regulation in Russia.
Food and Hospitality Bites — licensing and deregulation; the new requirements for allergen labelling; and more download
This is the second edition of DLA Piper’s Food and Hospitality Bites, a publication for clients in the food, leisure, hospitality and licensed industries.
Fiscal state aid: atomic alarm download
On 5 November 2014, a group of journalists placed about 540 rulings granted by the Luxembourg tax administration to some 340 companies active in a large number of industries.
DLA Piper has announced that Arleen Nand has joined the firm’s corporate and finance practice as a partner in Minneapolis.
Conyers has provided advice to Mitsui & Co in connection with its investment in Tsit Wing International Holdings by way of a minority shareholding in Tsit Wing.
Share- and cash-based incentive arrangements are commonplace across all types of businesses and all levels of employees.
US & The Americas: Mexico’s energy reform provides significant opportunities in oil and gas exploration and production download
Mexico’s new energy legislation, which went into effect on 12 August 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity.
In order to consider why this issue made a difference in Avonwick, it might be well to revisit the accepted meaning under English law of the term ‘without prejudice’.
NCTM has assisted the shareholders of IBF in an agreement with Tubacex for the sale of a majority stake in the company.
The CMA has decided to make a market investigation reference into personal current accounts and banking services to SMEs.
Dentons’ mining group will be holding a seminar on mining at the Terminal City Club on 18 November 2014.
The High Court has handed down judgment in Lakatamia v Nobu Su, a long-running dispute arising out of a contract to enter into a series of forward freight agreements.
Bär & Karrer has advised the banks in Molecular Partners’ initial public offering (IPO), which closed on 7 November 2014.
Guernsey insolvency law consultation download
A consultation process to update the insolvency laws and practices in Guernsey has been launched by a government department on the island.
Mineral Matters — proposals for new regulations on health and safety in mines; import issues in the mining sector; and more download
DLA Piper has released the latest edition of its Minerals Matters publication.
Shepherd and Wedderburn has hosted two webinars: ’Resale price maintenance and restricting online sales’ and ‘Litigating refusals to supply’.
The biggest overhaul of the Franchising Code of Conduct since its introduction is reaching completion following registration of the code on the Federal Register of Legislative Instruments.
Jersey private trust companies download
This briefing note considers key issues relating to the establishment and use of a Jersey PTC in the context of private wealth management.
The Swiss Federal Supreme Court ruled in a recent decision that upstream and cross-stream loans must be entered into at arm’s-length terms.
NCTM and Paul Hastings have assisted Waste Italia in a high-yield bond offer for a total value of €200m and on a €15m revolving credit facility.
Five of the practice groups at B P Collins have been awarded a band-one ranking in the 2015 edition of Chambers UK.
The Employment Appeal Tribunal has ruled that holiday pay calculations should now include overtime.
Conyers has acted for Exar Corporation, a supplier of high-performance integrated circuits and system solutions, on its acquisition of Integrated Memory Logic.
Many students will have taken up short-term lets away from university accommodation, providing residential landlords with a dependable source of regular business.
The establishment of a new €6.8bn Irish strategic investment fund is expected to be of interest to national and international investors and fund managers.
DLA Piper has announced that Emil R Infante has joined the firm’s corporate and finance practice as a partner in Miami.
Corporate lawyers at Walker Morris have advised AIM-listed engineering services group Renew Holdings on the disposal of Allenbuild.
Khaitan & Co has advised Oesterreichische Entwicklungsbank, Austria, in relation to an amendment of terms in the external commercial borrowing facilities of approximately $20m.
Winckworth Sherwood has strengthened its real-estate team with the appointment of partner Andrew Bedford. He joins from Dentons.
Malcolm Simpson, head of the international group at Walker Morris, is set to join the 25-strong line-up of judges for The Lawyer European Awards 2015.
How to win the war for talent download
Totum looks at the latest market developments and the steps that law firms must take to recruit superior business expertise.
European Court of Human Rights rules that Czech Competition Authority is not authorised to enter business premises without a warrant download
The Czech Competition Authority violated article 8 of the European Convention on Human Rights when entering the Delta Bakery premises without first obtaining a warrant.
Pillsbury has been named as one of Working Mother’s 100 Best Companies, with Marne Sussman being named a ’Rising Star’ on its list of 2014 Working Mothers of the Year.
Investments — Nabarro’s top 10 tips download
Nabarro offers its top 10 tips when taking investment into your start-up.
The Companies (Amendment No. 11) (Jersey) Law 2014 came into force on 1 August 2014. The law made a number of changes to the Companies (Jersey) Law 1991.
Asda is facing a mass legal action, instigated predominantly by female workers, who claim they are not paid the same as male workers in the distribution warehouses.
A Dacheng team has been retained by SITC to advise it on the introduction of strategic investor and registered capital increase.
The demise of the high street download
It seems that barely a day passes without further reports of job losses on the high street, a reflection of the changes in our shopping habits and our increasingly busy lifestyles.
What’s in the box? The ‘locked box’ approach to measuring the value of a business being acquired download
The ‘locked box’ method is an approach that has increased in popularity in recent years. But how does the locked box work in practice?
Materiality is the principle of defining the social and environmental topics that matter most to your business and your stakeholders.
DLA Piper is celebrating success after having been named the winner in the Insurance Law Firm 2014 category at The Legal 500 UK Awards.
Minter Ellison has acted as legal adviser to Mutiny Gold in its merger with Doray Minerals.
Karolina Stawowska, tax adviser and partner in charge of the tax advisory practice at Wierzbowski Eversheds, has been recognised by Women in Business Law.
Sovereign immunity vs commerciality: enforcing a foreign judgment against a nation state in Australia download
The recent decision in Firebird illustrates the complex considerations involved in enforcing a foreign judgment against a foreign state under Australian law.
DLA Piper’s financial services international regulatory explores the news and legal developments that have affected the industry over the last month.
DLA Piper and JKW Law have been appointed by the Northern Territory government to advise on the development of its Marine Industry Park in Darwin.
It is clear that most Ontario interns have to be paid. But what about employees in start-up companies?
The Tribunal of Milan with a decision of 12 June 2014 took a stand which is in sharp contrast with mainstream case law, with respect to clauses.
Group restructurings: one single group ‘concordato preventivo’ proposal, procedure and voting majority? download
Two recent decisions of the tribunals of Ferrara and Palermo address some of the major issues involved in group restructurings under Italian insolvency laws.
Statistics of retail sales from December 2013 show that nearly 20 per cent of all non-food purchases originated from online sales.
New employment regulations relating to shared parental leave and pensions auto-enrolment remain a major worry for UK firms, according to a survey.
The draft CPR report proposed establishing a new body to provide leadership and drive implementation of the evolving competition policy agenda.
Khaitan & Co has successfully defended the EIMPA before the CCI.
On 16 October 2014, GRATA Law Firm took part in the 18th session of the Kazakh-British Trade and Industry Council in London.
John Milner, head of business crime and fraud at IBB Solicitors, has commented on the £260m Tesco profit error in The Times.
This is a cautionary tale for lenders to take care that their rights under an ‘all monies’ clause are not lost when enforcement action is taken against individual security in separate actions.
Bär & Karrer has won a 2014 M&A Advisor Award for the acquisition of the automotive and industrial division of Wicor Holdings by Techniplas.
Bär & Karrer has advised Garnero Group Acquisition Company on its entrance into definitive agreements with WISeKey, a mobile cyber-security provider.
While it appears that Ford’s petition for certiorari yielded some answers, Ford is still without the $470m in what it argues is overpayment interest.
On 23 October 2014, the government of Canada tabled an omnibus Bill C-43 introducing or amending dozens of laws.
Jumping straight into court proceedings or arbitration could be premature and costly.
Insolvency litigation update — courts will not have jurisdiction to hear a winding-up petition in respect of foreign companies; and more download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
Intra-group lease assignment: repeat guarantees not allowed, but court finds a way to a commercial outcome download
The decision in K/S Victoria Street v House of Fraser is applied in another case so a lease provision requiring a repeat guarantee on an intra-group assignment was void.
Transfer of land — why it may not be safe for a buyer to ignore unregistered third-party rights over land download
A buyer who was aware of unregistered third-party rights in equipment on land it was purchasing was liable to the third party under the tort of procuring a breach of contract.
New statutory access right for underground drilling for energy resources to be introduced to overcome difficulties of landowner consents.
The government has released an exposure draft of the Exploration Development Incentive (EDI) legislation.
In Maddin v The Queen, the sole issue was whether the taxpayer could make out a due diligence defence under subsection 227.1(3) of the Income Tax Act (Canada).
MPs have been warned that a new law aimed at ensuring transparency surrounding the ownership of companies is likely to be easily circumvented by criminals.
Dentons has announced its sponsorship of the FounderFuel Demo Day on 2 December 2014 at the Théâtre Rialto.
This article explores some of the features and issues that may arise in corporate and private jet financing transactions involving the Cayman Islands.
Research shows that employee stress levels are rising in line with the demands of the 21st-century workplace.
Tax Update — October 2014: Luxembourg budget 2015; Luxembourg-France double tax treaty amended; and more download
Arendt & Medernach has published its Tax Update for October 2014.
The listing, completed on 16 October 2014, gives the company an initial market capitalisation of approximately HKD440m.
What can and should an organisation do if they are persistently being targeted by a particular opponent online or offline?
A code of practice that seeks to tackle the issue of late payments between businesses is to be enhanced by a new board of advisers.
Conyers Dill & Pearman has advised Foster Wheeler on the completion of its acquisition of MDM Engineering Group.
Tips from a former privacy regulator download
Chantal Bernier provides five tips that can benefit companies in responding to a privacy regulator.
DLA Piper has advised Peter Holmes à Court on the sale of his 37.5 per cent share in the Rabbitohs to a wholly owned subsidiary of CPH.
DLA Piper has advised hospitality group Dusit International on its role in the development of an AUD550m golf and spa resort in Brookwater, Queensland.
Oommen Mathew, managing director at Eversheds in Singapore, has commented on the latest World Bank rankings of the best countries to do business.
Lord Justice Christopher Clarke held litigation funders liable for the costs of successful opponents in Excalibur Ventures v Gulf Keystone Petroleum Ltd.
CEE Legal Matters magazine has published an article by Mirjana Mladenovic from BDK on the challenges of acquisition financing in Serbia.
The court considered the application of two clauses seeking to exclude and limit liability in the case of Polypearl Ltd v E.ON Energy Solutions Ltd.
This consultation needs to be read in conjunction with the draft Procurement Regulations to get the full picture of how the reforms will benefit small businesses.
Ogier Guernsey and Ogier Jersey have been recognised for their corporate and finance and investment funds expertise by IFLR.
This is the sixth such forum hosted by Dacheng’s Professional Committee of Criminal Defense.
Mr Justice Blair has clarified the scope of brokers’ duties in relation to business interruption cover in Eurokey Recycling Ltd v Giles Insurance Brokers.
Study reveals SME funding concerns download
Just one in four of the UK’s small and medium-sized firms think the government and lenders are offering enough funding support to them.
Australian government commits to reform tax treatment of employee stock awards: five takeaways for US-based companies download
The Australian government is to reform the tax treatment of employee stock awards as part of its Industry Innovation and Competitiveness Agenda.
New building contracts for small-scale commercial projects and domestic projects are due to be launched on 5 November 2014 by RIBA.
Shanghai-based senior partner Wang Enshun and partner Qiu Pei from Dacheng recently attended the launch ceremony of a ‘one-button-solves-it-all’ platform.
On 10 October 2014, the CSRC Issuance Examination Committee approved the private placement application of Guangzhou Pubang Landscape Architecture Co.
In September 2014, Ma Jun, head of Dacheng’s Taiyuan criminal defence practice, was retained as defence lawyer for a man surnamed Cai.
Eversheds has advised the management team of Paroc Group on its acquisition by CVC Capital Partners for an enterprise value of approximately €700m.
Khaitan & Co has advised YES Bank in relation to a rupee term loan facility granted to Jet Airways of an aggregate amount of approximately $107m.
Walker Morris has advised on the sale of Hull-based poultry processor Benson Park to food producer Cranswick.
In September 2014, Totum held two networking events at high-end fashion retailer Reiss.
Popovici Nitu & Asociatii and the Bucharest Faculty of Law have announced the Annual Conference on International Commercial Arbitration.
Li Hao and Wei Chuande and paralegal Cai Rongjie provided legal counsel for the group.
Clauses that were a rarity three or four years ago are now increasingly being tabled in the negotiation phase of a building contract or consultant’s appointment.
Estoppel and waiver are closely linked legal principles that are both fundamentally concerned with fairness.
The draft CPR Report proposed guiding principles for a new intergovernmental agreement to establish choice and competition principles in human services.
The AGM followed the completion of a funding package for Point and Sandwick Power in September to fund what will be the largest community-owned wind farm in Scotland.
DLA Piper and Gallastegui Lozano are to combine in Mexico City. Locally, the combined firm will adopt the name DLA Piper Gallastegui y Lozano.
On 9 October 2014 the Italian Senate voted to back Matteo Renzi’s government on newly proposed labour reforms that will affect both businesses and their workforces.
Conyers Dill & Pearman has provided Cayman legal advice to CAR on its HKD4.16bn IPO on the Main Board of the Hong Kong Stock Exchange.
On 24 September 2014, Xi’an Aircraft signed a letter of intent with Rockwell Collins for the MA700. Dacheng assisted with negotiations regarding purchase matters.
The UK Bribery Act has been in force for almost a year. The difficulties facing companies wishing to implement a robust response to the act should not be underestimated.
Khaitan & Co has advised King.com to successfully enforce its rights in the artistic works and trademarks embodied in its game CANDY CRUSH SAGA.
Memery Crystal has acted for Green Dragon Gas in connection with its admission to the Official List and to trading on the London Stock Exchange’s Main Market.
The Competition Policy Review panel has recommended that the regulatory functions of the ACCC be spun off into a new national access and pricing regulator.
Samantha Betzien, a partner in the human resources and industrial relations group in Brisbane, has won the Queensland Woman Lawyer of the Year award.
Requirements for parallel importers of pharmaceuticals into a jurisdiction with patent or SPC protection download
Jääskinen has discussed the requirements to be complied with when a parallel importer wishes to import a pharmaceutical into a jurisdiction with patent or SPC protection.
Lenders, borrowers and other counterparties are looking more closely at the impact of possible insolvency proceedings.
A study published recently by PwC shows that many organisations lack both clear leadership and strategies for tackling the security threats they face.
Profit warnings ‘highest since 2008’ download
Growing levels of competition have led to the highest number of third-quarter profit warnings among UK-listed firms in six years, new data has revealed.
A corporate team from Walker Morris has advised Endless on the acquisition and merger of office2office with Vasanta Group Holdings.
Law à la Mode — understanding the EU Consumer Rights Directive; free zones in the UAE; unregistered design rights; and more download
The German editorial team presents the 14th edition of Law à la Mode, the quarterly legal magazine brought to you by DLA Piper’s fashion, retail and design group.
The firm has reinforced its pre-eminent position in Leeds and Manchester, securing more Tier One rankings than any other law firm.
NCTM has assisted Banca IMI, acting as global co-ordinator and bookrunner of a pool of banks in the financing for a total value of €110m to Banca Farmafactoring.
Karanovic & Nikolic has supported the 2014 International Section Seasonal Meeting of the NYSBA, which took place in Vienna this year.
Ashwood Enterprises v Bank of Ireland: third-party legal charge secures all monies owed by borrower and related parties download
The High Court has held that a third-party legal charge secured not only the initial £27m loan granted by a bank to a property development company.
Employee share scheme rules overhaul download
The federal government is set to reverse the controversial employee share schemes tax changes implemented in 2009 and set up a separate tax regime for start-up entities.
What can and what should organisations be doing to prepare for Ebola from a health and safety point of view?
Emma Edhem CC, barrister and deputy head of international law at No5 Chambers, has attended a state banquet at the Guildhall in honour of the president of Singapore.
Channel Islands Securities Exchange Authority: continuing obligations chapter 8 debt securities download
This briefing sets out certain of the continuing obligations that an issuer is required to observe once any of its securities have been admitted to listing.
US & The Americas: guidance for companies developing and implementing antitrust compliance programmes download
Recent policy statements by the DoJ highlight the factors companies should consider when developing and implementing antitrust compliance programmes.
About that English law and arbitration clause: consider enforcement implications before signing download
Parties with no operations or other relationship to England or the UK frequently specify English law as controlling, with a clause providing for arbitration of disputes in London.
In the recent case of West v Ian Finlay & Associates, the Court of Appeal found that net contribution clauses ‘are by no means unusual’.
Finance litigation briefing — merger of cause of action with judgment affects subsequent possession proceedings; and more download
Wragge Lawrence Graham & Co’s finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
The Bribery Act represented a significant change to UK law. Are you confident that your bribery risks have been identified and adequately addressed?
The Financial Reporting Council has published changes to the UK Corporate Governance Code.
The guidelines are directed at premium-listed Main Market companies — although AIM companies are encouraged to adhere to the guidelines as best practice.
The Small Business, Enterprise and Employment Bill will introduce changes to a company’s filing requirements.
In this update, the Wragge Lawrence Graham & Co team considers your revised obligations on directors’ remuneration.
In Bluewater Energy Services BV v Mercon Steel Structures BV and others, the parties to a subcontract agreed LDs in connection with a key personnel clause.
B P Collins LLP has advised the shareholders of Pinewood Studios-based Propshop (Model Makers) Ltd on the sale of the entire share capital to Voxeljet AG.
Khaitan & Co has advised Lakshmi Vilas Bank in relation to its rights issue for $67.3m (£4.5m) approximately.
In Richmond Pharmacology Ltd v Chester Overseas Ltd, Chester held 44 per cent of the shares in Richmond.
In Shafi v Rutherford, the Court of Appeal considered the completion accounts clause in a share purchase agreement, by which the final consideration was to be determined.
Under section 116 of the Companies Act 2006, any person may request a copy of the company’s register or part of it.
The answer was ‘no’ in Northrop Grumman Mission Systems Europe v BAE Systems. However, parties should not take this decision as a green light to refuse to mediate.
Not a topic of debate down the pub on a match day, but liquidated damages and penalty clauses are highly relevant during the negotiation of a contract.
The Company Names Tribunal was set up to adjudicate disputes arising under section 69(1) of the Companies Act 2006.
The Small Business, Enterprise and Employment Bill will introduce new requirements regarding corporate transparency.
Wragge Lawrence Graham & Co has advised Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
Upcoming nationwide transfer pricing investigation against outbound service-fee and royalty payments download
On 29 July 2014, the China State Administration of Taxation released an internal notice to the China tax authorities at the provincial levels.
Khaitan & Co has represented Smiths Medical International and Smiths Medical India as their Indian legal counsel in relation to a dispute with Hansraj Nayyar Medical India.
B P Collins employment law partner Jo Davis recently discussed the importance of implementing a carefully planned retirement policy.
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.
IFLR1000 Financial and Corporate 2015 has recommended Ilyashev & Partners in M&A. According to the rating, the firm’s clients highly appreciate the team.
Sale-leasebacks accommodate buyer and seller in today’s healthcare real-estate market: seven reasons why they work, five pitfalls to note download
The recent spike in real-estate values is once again shining the spotlight on another useful financing tool: the sale-leaseback.
On 29 September 2014, the Constitutional Law of the Republic of Kazakhstan was issued.
Individuals and businesses need to begin assessing the risk of their data being misused, not by the person they’re sending images to but by hackers who may attempt to steal their data.
Eversheds has advised Daisy Group on a £494m buy-out by a consortium of Matthew Riley (Daisy’s chief executive), Toscafund and Penta Capital.
Muhammad Anum Saleem, senior associate at Eversheds in Saudi Arabia, has commented on the NCB IPO in Saudi Arabia.
DLA Piper is involved in the first international solar licence deal, which will cut electricity bills for up to 4,500 homes in Greater Manchester by around £40m.
Hong Kong Competition Commission publishes draft guidelines — a key step toward bringing Competition Ordinance into full force download
The guidelines show lots of commonality with competition rules and practices of other jurisdictions with long-established competition regimes.
Shakil Najib has joined No5 Chambers as a member of the commercial and chancery, international and public law groups.
A recent decision in the Birmingham County Court has changed the way in which it was understood the legislation relating to tenancies and deposits was meant to operate.
You may be flying your personal or private jet in the US or through Europe, but registration in such jurisdictions may not be the right decision for you.
Industry Canada has published a Q&A on the next steps for those entities that have not yet continued under the Canada Not-For-Profit Corporations Act.
Stephen Kitts, Asia managing partner at Eversheds, has commented on the latest China economic output data.
The Court of Appeal has considered, for the first time, the prevention of access to a company’s register of members under section 117 of the Companies Act 2006.
Don’t give VAT the silent treatment download
A recent case has highlighted the risks of not expressly dealing with VAT in a commercial property transaction.
The following areas are covered in this article: banks and finance; state procurements; medicine and pharmaceuticals; and customs law.
The following regions are discussed in this article: Azerbaijan; Kazakhstan; the Russian Federation; Uzbekistan; and Kyrgyzstan.
Conyers has provided BVI, Cayman and Mauritius legal advice in connection with the issue by Sunshine 100 China Holdings of 12.75 per cent senior notes due 2017.
Walker Morris has advised Symington’s on its acquisition of certain of the business and assets of The Tanfield Food Company for an undisclosed sum.
Energy reform legislation in Mexico gives the private sector unprecedented opportunities in the Mexican electrical power industry download
Mexico’s president recently signed into law a historic package of legislation to restructure the nation’s electrical power sector. This article discusses the legislation.
Ogier has advised Friends Life Group on the sale of the entire share capital of its subsidiaries Lombard International Assurance SA and Insurance Development Holdings AG.
Jersey cell companies download
This briefing sets out the main features of Jersey cell companies and highlights the benefits offered by this highly flexible type of company.
This briefing sets out some of the key advantages to using a Guernsey foundation for charitable purposes, and some of the unique aspects of Guernsey law.
Khaitan & Co has advised Omidyar Network on the India leg of the transaction in relation to its investment in Scroll Media USA.
Increase in women on boards download
The Davies Report from 2010 recommended an increase in the number of women on the board of directors of listed UK companies.
A new company is born download
What options are there for setting up a new company and what key matters should be considered?
Eversheds senior associate Richard Franklin will give a presentation on the legal aspects of founding a company in the UK at a target market seminar.
The Verkhovna Rada of Ukraine has adopted a set of laws designed to create a legislative framework to fight corruption and money laundering in Ukraine.
McCarthy v Marks & Spencer plc focused on the following two avenues of claim: negligence at common law and the Occupiers’ Liability Act 1957.
In this post, Gateley looks at the requirements for executing contracts on behalf of companies.
In 0742443 BC Ltd v The Queen, the Tax Court considered whether the taxpayer’s business of providing mini-storage and associated services was a ‘specified investment business’.
DLA Piper has advised Dignity Group on its exchange offer and further issue of secured notes, which was completed on 17 October 2014.
Dentons’ Katie Ashton discusses the trends that are forcing change in how healthcare services will be delivered in the decades ahead.
Conyers has advised on Landsea Green Properties’ issue of $100m in aggregate principal amount of 9.56 per cent senior secured guaranteed notes due 2017.
Our team advises creditors and other stakeholders in financially troubled entities in relation to insolvency, bankruptcy and forced reorganisation proceedings.
Firms carrying on consumer-credit-related regulated activity need to ensure they are complying with the requirements set out in the Consumer Credit Sourcebook (CONC).
The changes announced on 16 October 2014 by the Home Office to the Tier 1 (Investor) Visa route come into effect on 6 November 2014.
Wragge Lawrence Graham & Co has strengthened its Paris office with the appointment of a new competition team.
The Luxembourg District Court sitting in commercial matters has rejected the applications of ESI and RIO FORTE to be placed under controlled management.
In the last two months, Shoosmiths has advised developer Court Collaboration on two Chinese-backed real-estate deals in Birmingham.
The Legal 500 has recommended Outer Temple Chambers as a top-tier set in business and regulatory crime.
Minter Ellison has been named ‘Insurance Law Firm of the Year 2014’ at the AB F Insurance Awards in Sydney for the third consecutive year.
A Dacheng team acted as legal counsel for Essence Securities, the sponsor and lead underwriter for the bonds.
Memery Crystal has advised longstanding client Idox on the negotiation of new banking facilities with RBS and SVB to refinance its previous debt facility.
Shanghai-based attorney Cai Chang and Beijing-based Li Songmei have represented a client engaged in cross-border e-commerce in an ordinary goods smuggling case.
Legal alert on Kazakhstan banks M&A download
Under Kazakhstan law, generally, both resident and non-resident legal entities may own shares in a Kazakhstan bank.
Neill Blundell, partner and head of fraud at Eversheds, has commented on news that a China rail official has been given a death sentence for corruption.
Changes to real-estate legislation download
In this article, Dentons looks at the changes at the federal level and those at the St Petersburg and Leningrad Oblast level.
Companies could soon be faced with having to buy specialist office furniture for overweight staff if a European court case rules that obesity qualifies as a disability.
The move will reportedly allow the operation to continue its growth plans within Nottingham’s professional quarter.
A Shenzhen-based team led by Dacheng attorney Li Qi was recently appointed standing legal counsel for Tencent Holdings for a second year.
A leading authority in retail property has joined the panel of speakers set to present at Property 2014 — a networking event sponsored by Shepherd and Wedderburn.
Dacheng has advised Shandong Luxin-Rio Visual Technology on the completion of its partial acquisition of Volfoni, a creative 3D technology developer and producer.
In September 2014, Trina Solar, advised by Dacheng, announced its successful acquisition of a 90 per cent stake in Yunnan Metallurgical New Energy Co.
Shanghai-based senior partner Wang Hanqi and partner Liu Yun from Dacheng have advised Jiangsu Yabang Dyestuff on its listing on the Shanghai Stock Exchange.
Addleshaw Goddard’s Manchester corporate team has advised Zeus Capital on the £65m IPO of entu on AIM.
King & Capital partners Gong Piguo, Zhou Zhenguo and Huang Yonghua attended the conference.
Kings Chambers barristers were involved on all sides in McGill v The Sports and Entertainment Media Group, Bolton Wanderers FC and others.
Ogier has advised English entrepreneur and businessman Richard Caring on the £135m sale of the Wentworth Club to China-based Reignwood Group.
China Law Society and the African Legal Affairs Center of King & Capital have co-hosted a seminar on China-Africa investment and trade law in Beijing.
Khaitan & Co has advised Axis Bank in relation to a term loan facility of approximately $45m (£28m) extended to Legitimate Assets Operators.
Partners Almat Daumov and Bakhodir Jabborov from GRATA Law Firm have represented the law firm at the MINEX Forum.
Addleshaw Goddard has appointed Malcolm Pike as head of the Manchester office, as part of the new-look leadership team at the firm.
Last month, the court considered an application by a company’s former administrators to fix their remuneration
B P Collins has strengthened its property team with the appointment of four new lawyers: Tracy Jones, Mike Wragg, Matthew Crockford and Simone Ganley.
Eversheds has advised Investec Bank as nomad, broker and sole bookrunner on the £165m AIM IPO of Gamma Communications.
Conyers has provided BVI law advice to Charter Style International and Beijing Enterprises Group on the issue of CNY2.03bn 5.80 per cent guaranteed bonds due 2024.
Eversheds has advised Goldman Sachs’ merchant banking division on a deal to acquire Neovia Logistics from Platinum Equity and Caterpillar.
Attorneys Vaida Cesnuleviciute Inga Malinauskaite and Tomas Jakubauskas have participated in an international business conference in Lithuania.
Addleshaw Goddard has appointed Tim Wheldon as head of the Leeds office, as part of the new-look leadership team at the firm.
John Swinney, the Scottish government’s finance secretary, has announced the proposed rates and bands for the new Scottish property transaction tax.
Relaunching the Northern Plan: introduction of the bill to establish the Société du Plan Nord download
The government of Québec has confirmed its intention to relaunch the Northern Plan by introducing Bill 11, An Act respecting the Société du Plan Nord.
Conyers has advised Shine Power International and Beijing Enterprises Group on the issue of HKD4.3bn zero coupon guaranteed exchangeable bonds.
Archroma has agreed to acquire the global textile chemical business of German company BASF. Bär & Karrer acted as legal adviser to Archroma.
This briefing looks at the risk of indirect transactions that may result in a breach of the relevant sanctions regime and, specifically, the ‘50 per cent rule’ imposed by EU member states and the US.
Doing Business in the United States download
Doing Business in the United States is an introductory guide for non-US businesses that may be interested in doing business in the US.
The Romanian real-estate market shows signs of recovery, especially due to the increased number of office projects and transactions with agricultural lands.
Paying the penalty — don’t forget to check liquidated damages clauses when negotiating a deal download
In Unaoil v Leighton Offshore, the Commercial Court rejected Unaoil’s claim for liquidated damages on the basis that the relevant clause was an unenforceable penalty.
Ince & Co has announced the appointment of renewables specialist Martin Sandgren to its London energy group.
Share buybacks — treasury shares download
We are now starting to see more private companies looking to buy back shares as a means of managing share capital.
Ben Jones has commented on news that AbbVie is reconsidering its $54bn takeover of UK drug maker Shire in light of the recent crackdown on tax inversion deals.
A combination of weak access to finance and a fear of failure is holding back entrepreneurs in the UK, new research has warned.
The BCSC has considered whether rescission should be granted in respect of two real-estate transactions in which the applicant corporations had transferred land to a partnership.
The Offshore Case Digest summarises the major commercial cases decided in Bermuda, the British Virgin Islands and Cayman between March and June 2014.
Peter Shervington of Eversheds has commented on news that Toyota is recalling 1.75 million vehicles over fuel and brake system issues.
Partners at B P Collins sponsored a recent international trade event that welcomed a delegation from the Osaka Chamber of Commerce and Industry (OCCI).
The government is consulting on a range of provisions in the EU Accounting Directive that could result in simpler accounting requirements for smaller companies.
The Court of Appeal recently considered the enforceability of an expert’s determination of whether a company’s historic accounting practices should be applied.
Wang Yue, Wang Enshun and Deng Wei have advised Wuxi Hongguang Microelectronics and Shanghai JDT-Precision Technology on their successful NEEQ listings.
Zhang Gang, Chen Lingling, Zhao Hongwei, Tian Yu and Liu Chengjun served as legal advisers.
Wuhan Zhenyuan Electric Equipment, advised by attorneys from Dacheng’s Wuhan office, has been successfully listed on the NEEQ system.
Dacheng has advised China Metallurgical Group Corporation on its issuance of two tranches of three-year offshore senior notes worthy of a total of $500m.
In the wake of Alibaba’s record-breaking listing in September, three more China-related IPOs are waiting in the wings.
Dacheng’s Wang Yong has successfully defended a man named Zhang, who had a charge filed against him of illegally absorbing public deposit.
Franchise News: Algeria download
The Algerian Commercial Code does not currently regulate the ‘franchise agreement’ as a recognised form of doing business in Algeria.
Addleshaw Goddard has strengthened its real-estate practice in Leeds through key promotions, relocations and new appointments — increasing the team by 11 per cent.
Wragge Lawrence Graham & Co has advised dnata on its acquisition of the entire issued share capital of Stella Travel Services.
Dacheng has advised Vision Environment (Guangzhou) on its listing on the National Equities and Exchange Quotations (NEEQ) system.
Conyers has advised Bermuda Community Foundation, a local not-for-profit Bermuda company, on its conversion to and registration as a segregated accounts company.
IBB Solicitors has been shortlisted for the West London Business Awards in the Best Advisor/Consultancy category. Last year the firm won the award.
Ogier Corporate Finance has announced that it is the leading sponsor of listings on the Channel Islands Securities Exchange (CISE).
The Competition and Consumer Protection Act 2014 has implications for media mergers and media business in Ireland from 31 October 2014.
Khaitan & Co has advised GA Global Investments in relation to the sale of 6,500,000 equity shares of IndusInd Bank by way of a block trade for approximately $66.3m.
Buyers are still keen to ensure they can be certain of what they acquire by incorporating some method of testing the target’s value in the acquisition agreement.
Robin Johnson, partner and manufacturing expert at Eversheds, has commented on the latest eurozone industrial output figures.
Wragge Lawrence Graham & Co’s energy specialists have helped RGE Energy UK secure the sale of a 6.4MW solar PV project.
Kyiv Tax Newsletter — improvement of the investment activity taxation; and creation of the free economic zone Crimea download
Dentons has released the 14 October 2014 issue of its Kyiv Tax Newsletter.
This briefing from Dentons discusses the competition law considerations that need to be taken into account when entering into non-compete agreements.
Conyers Dill & Pearman has awarded Christy Li and Even Lai with the 2014 Conyers Dill & Pearman Prize in Commercial Law.
Outer Temple Chambers has been instructed by the Environment Agency in an enforcement action taken against three companies, their directors and managers.
Geographical indications (GIs) for foodstuffs are protected under European law, while GIs for non-foodstuffs are not protected under EU law. Should we keep this difference?
Public procurement rules are changing across Europe, and the UK government has just published a first draft of the new regulations that it proposes will implement the changes.
In the last couple of days, the Financial Times and The New York Times have published important articles on Russia and China. The articles don’t pull their punches.
Kings Chambers has announced that Andrew Singer has been called to the Bar of the Irish Republic.
Khaitan & Co has advised Vectus Industries in relation to a private equity investment by Creador in Vectus.
Which law? Which courts? download
Scotland retains its own legal system and courts, and businesses need to take account of that.
Alastair Harris, associate in the commercial practice and financial services group, has commented on the news that spending on plastic hit a record high this summer.
Employee benefit trusts — why they continue to be a useful tool for companies looking to deliver benefits to their employees download
A well-structured employee incentive arrangement operated through an employee benefit trust can still deliver real value to a company and its employees.
DLA Piper has advised Synergy Health on its recommended combination with STERIS Corporation.
Insider trading tightened up download
By judgment no. 15224 rendered on 3 July 2014, the Supreme Court has extended the boundaries of the prohibition on insider trading.
Shoosmiths has boosted its corporate offering in the north west by bringing in a new senior associate and two further lawyers into its growing Manchester office.
Fiscal aid — a potential time bomb download
The European Commission has launched a new crusade against ‘aggressive tax planning’. This time it is about ‘fiscal state aid’, i.e. subsidies in the form of national tax advantages.
The Luxembourg District Court sitting in commercial matters has declared bankrupt the companies ESFG and ESFIL.
Noor Kapdi, leader of the Dentons team in South Africa and founding partner of KapdiTwala, explores the powerful forces driving growth in the region.
On 7 October 2014, the AGCM and the IVASS signed a memorandum of understanding concerning the consumer protection on the insurance market.
The land and buildings transaction tax will replace stamp-duty land tax in Scotland from 1 April 2015.
Gateley’s William Ballmann has commented on research by R3 that has revealed that Yorkshire and the Humber is performing well across most sectors.
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by 10 October 2014.
The sports group at Walker Morris has been shortlisted for a Football Business Award 2014 in the Best Professional Service Business category.
King & Capital has co-hosted the ‘Seminar on the Law in Sino-African Investment and Trade’.
Khaitan & Co has advised Pragati India Fund in relation to its venture capital investment in DCDC Health Services for approximately $4.3m.
Practical completion is probably the most important stage in a construction contract.
Eversheds Munich managing partner Matthias Heisse has commented on fears of a slowdown in the German economy.
James Batham, partner and head of retail at Eversheds, has commented following news that the number of shops on UK high streets has declined.
Eversheds has advised the £480m Airport Industrial Property Unit Trust on exchanging contracts with Kuehne Nagel to deliver a 39,776m² flagship warehouse at Heathrow Airport.
Mining company one day, technology company the next: explaining the hype around reverse takeovers/backdoor listings download
This article gives a broad overview of what is involved in undertaking a backdoor listing and includes some of DLA Piper’s top tips in navigating a backdoor listing.
Food and Beverage News and Trends — School Nutrition Association responds to critical article; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
In Anglo Financial SA v Goldberg, Clive Freedman QC from 7KBW, instructed by Jack Rabinowicz of Teacher Stern, resisted an application to renew a freezing order.
Members of Outer Temple Chambers, include director Steve Graham, were in Dubai last week for the major legal social event of the year.
Conyers Dill & Pearman has advised Yahoo! Inc, shareholder of Alibaba Group Holdings Ltd, on the IPO of Alibaba on the New York Stock Exchange, which raised $25bn.
The government of Cayman has enacted the Directors Registration and Licensing Law 2014, which regulates directors of certain entities established in Cayman.
BDK senior partner Vladimir Dašic has given a presentation on overcoming the legal challenges that investors face in south-eastern Europe.
Conyers Dill & Pearman has provided Cayman law advice to Charm Communications on its $183m privatisation and delisting from NASDAQ.
Eversheds’ Lina Aleknaite-Van der Molen is to give a presentation at an international conference titled ‘Alternative Dispute Resolution in Business’ on 16 October 2014.
Subsequent to the rejection by the Luxembourg District Court of ESFG and ESFIL applications for controlled management on 3 October 2014, both entities have filed for bankruptcy.
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
Khaitan & Co has advised on the sale of the entire business undertaking relating to Oracle ATG in Professional Access Software Development to Zensar Technologies.
Ogier in the BVI has advised DT Asia Investments on its IPO of 6,000,000 units on NASDAQ, raising $60m.
The Swiss court recently had to decide whether the parties were obligated to use the dispute adjudication board procedure prior to referring the dispute to arbitration.
The new Law on Consumer Protection download
The new Law on Consumer Protection will be applied as of 22 September 2014. Most of the provisions have remained unchanged, but there are certain novelties.
Whether you are a property developer or a retailer, your business and trading practices are governed by the Consumer Protection from Unfair Trading Regulations.
Doing Business in Australia download
This guide provides sound, practical advice on the relevant laws and regulations for foreign companies looking to invest in Australia.
DLA Piper has expanded its international arbitration practice in France with the hire of Alexander Brabant and Alice Pezard to the litigation and regulatory team in the firm’s Paris office.
DLA Piper has been recognised as a ‘standout firm’ in several litigation categories by BTI Consulting Group in its newly published BTI Litigation Outlook 2015.
Conyers Dill & Pearman has provided Cayman legal advice to Giant Interactive Group on the $300m privatisation by way of a merger with Giant Merger.
Worker who spread rumour that MoL inspector ‘paid off’ by company, and that company was closing, was fired for cause download
The company, at the wrongful dismissal trial, denied that it dismissed the employee for complaining about safety issues.
Virgin recently announced that it would no longer place limits on the amount of annual leave that employees could take.
Any move by Glencore to revive its pursuit of Rio Tinto Group stands to face concerted political opposition in Australia.
Banks launch fresh cybercrime drive download
Financial Fraud Action UK has published figures showing that internet and telephone banking fraud increased 59 per cent to £35.9m during the first six months of 2014.
On 1 October 2014, the Federation Council approved the draft Federal Law ‘On the Introduction of Amendments to the Federal Law on Mass Media’ adopted by the State Duma.
Audrey Williams, head of discrimination at Eversheds, has commented on the latest figures surrounding the representation of women in UK boardrooms.
Joe Hockey MP has reportedly stated that the federal government is determined to address the problems arising from the 2009 employee share schemes tax changes.
Addleshaw Goddard client Totally Wicked has won the right to formally challenge the validity of article 20 of the EU’s Tobacco Products Directive at the CJEU.
The Legal 500 UK 2014 has recommended Ince & Co as a top-tier firm for law firms in London in corporate and commercial, commodities and shipping.
Gateley has advised Wiggle, an online cycling and tri-sports retailer, on its commitment to a long-term lease of the Citadel Logistics Centre in Wolverhampton.
Victoria Lee, a partner in DLA Piper’s Silicon Valley office, has been named to The Recorder’s list of Women Leaders in Tech Law for the second consecutive year.
DLA Piper has represented lululemon athletica in connection with a transaction through which Advent acquired a 14 per cent stake in lululemon from founder Chip Wilson.
Conyers Dill & Pearman has provided Cayman law advice to Enersis SA in relation to the indirect acquisition of shares in Generandes Perú SA for $413m.
Conyers Dill & Pearman has been recognised as a top-tier firm in the 2014 edition of The Legal 500 UK.
According to The Legal 500, following the merger of Wragge & Co and Lawrence Graham in May 2014, the firm has ‘more strength and depth as well as wider international coverage’.
The Technology Leaders Forecast Survey is a poll of more than 200 technology executives and investors developed by DLA Piper and PitchBook.
The ACCC is currently conducting 10 in-depth investigations into cartel matters involving both local and international conduct.
Current trends show that more and more US lawyers and compliance personnel will find that their work increasingly concentrates on cross-border or foreign conduct.
‘The 1958 New York Convention is the most successful, multilateral instrument in the field of international trade law,’ said Prof Pieter Sanders in April 2011.
Are you a director? download
Establishing whether or not someone actually is a director is not quite as straightforward as you may think.
ISDA notice service requirements download
The case of Greenclose Ltd v National Westminster Bank has emphasised the tight requirements for giving a valid notice under the 1992 ISDA Master Agreement.
What would happen if there were no drag-along rights, or if the existing rights didn’t work as they need to in the particular circumstances of the sale?
B P Collins has been named as a ‘regional heavyweight’ for the first time in the 27th annual Legal 500 league tables and achieved top-tier status in five practice areas.
Dentons has announced that it is sponsoring TiECon Canada 2014, which will take place at the Ottawa Convention Centre on 20–21 October 2014.
DLA Piper has represented the Van Tuyl Group in its pending sale to Berkshire Hathaway to create Berkshire Hathaway Automotive.
DLA Piper has advised Abengoa Greenfield, a subsidiary of Abengoa, on the private placement of its inaugural green bonds that were issued on 30 September 2014.
DLA Piper has advised ID&T and SFX Entertainment on the acquisition of Air Festival Holding.
David Boyd, previously London head of banking at Eversheds, has joined Eversheds Agile, the firm’s contract lawyer business.
Robin Johnson, partner and manufacturing expert at Eversheds, has commented on Vince Cable’s view that Britain’s economic growth is being hampered by stalled exports.
Ogier Legal in Cayman has advised Goldman Sachs International as arranger and lead manager on the issue of its first ever sukuk.
Shoosmiths has scored its best ever tally of tier-one rankings in this year’s Legal 500. Chief executive officer Claire Rowe said the results are an ‘outstanding success’.
Wragge Lawrence Graham & Co has appointed a new operations director. Andrew Edginton took up his new role at the law firm on 6 October.
Wragge Lawrence Graham & Co’s corporate team has advised longstanding client Business Growth Fund (BGF) on its £10m investment into Victoria plc.
The Serious Fraud Office (SFO) has enlisted Three Raymond Buildings’ Simon Farrell QC and Rachel Scott for its court case against French train giant Alstom, which it accused of paying around $8m (£5m) in bribes to officials over a six-year period.
The Health and Safety Executive (HSE) has recently updated its guidance document ‘Health and Safety in Care Homes’.
Research from four leading screening companies has shown that the number of UK employers that are drug-testing their workers has increased significantly.
The English courts can have a critical role to play in support of foreign proceedings. The ability to obtain interim relief is an important strategic tool, which can be decisive.
Financial obligations under contract and repudiatory breach: in what circumstances do grounds for termination arise?
It is only a repudiatory breach that entitles that innocent party (if he elects to do so) to treat himself as discharged from further liability under the contract.
When an event occurs that significantly affects the performance of a contract but is beyond the control of the parties, how is the risk allocated between the parties?
B P Collins has announced it is set to host a morning seminar covering the latest legal updates in real estate.
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
A new weapon in the government’s armoury in the international fight against corruption in the oil and gas industry was unveiled last month.
In the context of engineering and construction contracts, the contractor’s warranties as to the standard and quality of the works will be a key item for negotiation.
Manufacturing Matters — exploring a crisis in hindsight; safeguarding your stakeholders’ personal data across borders; and more download
DLA Piper has released the 11th edition of Manufacturing Matters, which provides a round-up of legal news, updates and commentary for the manufacturing sector.
Accountability — don’t forget causation; no need to follow earlier erroneous accounting policies; and more download
Accountability highlights the legal and industry news affecting accountants and other professionals on a range of liability risk management issues.
Wragge Lawrence Graham & Co has advised longstanding client Euroclear on its agreement with the US’s DTCC to develop a joint collateral processing service.
The Luxembourg District Court sitting in commercial matters has rejected the applications of ESFG and ESFIL to be placed under controlled management.
The government has finally released the budget for the first round of contracts for difference. The total funding available is £300m.
What has been the most important national and European consumer-related legislation in 2014? download
The landscape of UK consumer rights law is undergoing its largest reform since 1979.
Austrian merger control continues to capture non-full-function joint ventures
Pillsbury has announced that Osama Abu-Dehays will join the Abu Dhabi office as a partner in the corporate and securities practice.
DLA Piper has entered into an exclusive law firm partnership with Venture Hive, a Miami-based international entrepreneurship education organisation.
The amended public procurement law (‘Pzp’) takes effect on 19 October. The amendment concerns a range of important matters.
Pillsbury is a title sponsor of the 2020 Women on Boards 2014 National Conversation on Board Diversity.
Addressing the Tax Challenges of the Digital Economy: OECD issues final paper on BEPS Action 1 download
On 16 September 2014, the OECD issued Addressing the Tax Challenges of the Digital Economy. This article considers the main issues and options for taxation reform.
Khaitan & Co has advised SBS Holdings on its acquisition of a 66 per cent stake in Transpole Logistics. The deal will see Fidelity and Everstone exit the company.
The two standard measures for lending secured on commercial real estate are interest cover and loan to value.
Khaitan & Co has advised Elder in relation to the completion of the transfer of some of its branded domestic formulations business in India and Nepal to Torrent Pharma.
At the Chambers and Partners Bar Awards dinner, which took place on 2 October 2014, 7KBW was awarded Insurance Set of the Year 2014.
KPMG has acquired certain assets of Qubera Solutions, a privately held cyber-security firm that provides IAM services to Fortune 500 and Global 2000 companies.
Eversheds Saladžius, in co-operation with the French-Lithuanian Chamber of Commerce, is set to host a special business breakfast.
Eversheds construction partner Chris Pickens has commented on the launch of an initiative to push down the costs of infrastructure delivery.
Michael Conroy-Harris, construction expert at Eversheds, has commented on the latest construction PMI figures.
Eversheds has advised the University of Leeds on its £62.3m acquisition of phases one and two of Central Village, Calverley Street, in Leeds.
Eversheds partner Keith Froud has commented on new research by Thomson Reuters into IPO and M&A activity in the UK.
M Anum Saleem, a mergers and acquisitions expert at Eversheds, has commented on NCB’s initial public offering (IPO).
DLA Piper has represented Ports America in the formation of a strategic partnership with Kawasaki Kisen Kaisha (‘K’ Line).
DLA Piper has advised Oakley Capital on the acquisition of Tomasoni Topsail by its portfolio company North Technology Group and on the related structuring and equity arrangements.
Food and Beverage News and Trends — judge refuses to dismiss ‘all natural’ class action; soda companies to cut calories; and more
Addleshaw Goddard has announced that its trainee retention rate for this year is 85 per cent, which is up one per cent from last year at 84 per cent.
The new release of The Legal 500 UK has ranked Carey Olsen in tier one across all of its 16 practice categories in the Channel Islands.
Specialist corporate lawyers at Walker Morris have advised Westhouse Securities on the share placing by cloudBuy to raise £4.3m.
It is not clear when the Cabinet Office envisages that the new regulations will become law, but the fact that they are dated 2015 suggests it will be sooner rather than later.
Just as poutine is unlikely to taste the same in Mexico as in Canada, and just as croissants in Almaty may not be quite like croissants in Paris, employment laws differ around the globe.
Key projects discussed in this briefing include a merger integration in the banking sector and a regional cross-border merger.
Starlight Shipping v Allianz Marine download
As an alternative to an anti-suit injunction, the Commercial Court confirms that an award of damages for breach of an English jurisdiction clause is compatible with EU law.
Groceries code adjudicator Christine Tacon has asked Tesco to examine its behaviour towards suppliers during the company’s internal review.
Global Employment Lawyer — crafting a non-compete clause under English law; hidden US tax issues; and more download
Dentons has released the first issue of its Global Employment Lawyer publication.
Global Insight — bankruptcy sales for distressed hospitals: four questions to ask before you begin; and more
DLA Piper has published issue 11 of its restructuring e-newsletter Global Insight .
Shoosmiths has announced that Peter Duff has been elected chairman with effect from 1 May 2015.
DLA Piper has advised Playtech Group on the acquisition of the Italian and Swedish video lottery businesses of the Aristocrat group.
Can the rights of a ‘third party’ be determined by adjudication under an express term contained within an agreement between the original contracting parties?
The VAT payable on IBR advice provided by PricewaterhouseCoopers on the restructure of Airtours Holiday Transport was not recoverable.
The ‘threshold regulation’ adjusting the sub-thresholds of the Austrian Procurement Act (BVergG) will be extended once again, namely for two more years.
We recommend that the China affiliates of multinational companies become familiar with the Disclosure System to comply with the disclosure obligations.
Kemp Little has been ranked again as a tier-one firm for M&A advice by The Legal 500 legal directory published on 1 October 2014.
Ince & Co has announced the promotion of corporate specialist Matthew Stratton, who has been with the firm for three years, to partner.
Gateley has advised on a deal that saw investment vehicle Ensco 1070 invest in Oxford United Football Club.
The rise of specialist portfolios: a look at trends and opportunities in distressed property download
For a certain breed of investor, distressed property portfolios — often referred to as ‘zombie’ assets — are starting to look less cadaverous.
The BEPS Action Plan sets out 15 actions and further work required to counteract the methods of base erosion and profit shifting used by multinational companies.
Conyers Dill & Pearman has provided Cayman law advice to ClubCorp USA, a subsidiary of ClubCorp Holdings, in relation to the acquisition of the assets of Sequoia Golf.
Insolvency litigation briefing — directors will be responsible for breaches of accounting practice; and more download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
The real threat from a data breach is not the incident itself, but the lasting damage it can cause to your reputation.
The government has issued a consultation along with draft regulations on how it intends to implement the EU directive ratified in April 2014 to update and modernise procurement rules.
The recent £22m arbitration award against HM Government in favour of Raytheon, provider of the troubled UN E-Borders project, has once again shone the spotlight on international commercial arbitration.
Khaitan & Co has advised Inox Leisure in relation to its acquisition of a 100 per cent stake of Satyam Cineplexes.
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
On 4 December 2013, the Italian Competition Authority (ICA) opened an investigation into one of Italy’s largest joint purchasing groups, Centrale Italiana.
Georgia Court of Appeals rules franchisees can assert claims for relief under Georgia’s tort statute for violating the FTC Franchise Rule download
The Georgia Court of Appeals recently upheld a judgment entered on a jury verdict against a franchisor for violating the FTC’s Franchise Rule.
DLA Piper has represented Pacific DataVision, a provider of mobile workforce management solutions, in a 144A offering of shares of its common stock worth $218m.
DLA Piper has advised the global alternative asset investment firm Carlyle Group on its acquisition of a majority stake in Expereo Holding.
Conyers has provided Cayman and BVI advice in connection with the issue by Yingde Gases Investment of $250m 7.25 per cent senior notes due 2020.
In practice, the rotation provision can be inconvenient and often does not fulfil its original intention.
On 30 September 2014, Diane Yarrow, corporate partner at B P Collins, joined a panel of speakers at a Buckinghamshire Business First seminar.
Remuneration of voluntary liquidators where the company subsequently goes into insolvent liquidation download
The BVI court has considered the approach to be adopted in fixing the remuneration of voluntary liquidators where the company subsequently enters insolvent liquidation.
VTG has acquired Swiss wagon hire company AAE Ahaus Alstätter Eisenbahn Holding. Bär & Karrer acted as Swiss legal adviser to VTG.
The Royal Court has declined to strike out proceedings brought by the successor trustee and manager of three unit trusts against the former trustee and manager of those unit trusts.
The Guernsey Court of Appeal has recently confirmed that the court has the power to require beneficiaries to provide information to trustees.
Crociani is a significant ruling with far-reaching effects for contentious and non-contentious trust lawyers all over the world.
Administration procedure in Guernsey download
The judgment handed down in the matter of the seven Mitco Retail companies on 14 July 2014 provided an insight as to how administration applications are treated in the Guernsey court.
A comparison of limitation/prescription periods in the BVI, the Cayman Islands, Guernsey and Jersey download
In this briefing, Mourant Ozannes provides a comparison of the applicable limitation/prescription periods in the BVI, the Cayman Islands, Guernsey and Jersey.
Goodman Derrick has advised the majority shareholder on the sale of The Planning Shop International (TPSi) to a division of Omnicom Group.
A recent case demonstrates some practical issues relating to confidentiality provisions.
Boris Martor has commented on the news that the London Stock Exchange (LSE) is attempting to increase the number of listings of African companies in the UK.
Addleshaw Goddard has advised Helaba and Handelsbanken London Moorgate branch (the German and Swedish banks respectively) on a £325m loan to Tesco BL Properties.
In a recent decision, the SCCR has ruled on the issue of the irreversibility of the legal effects of registration of transformation in the Czech Commercial Register.
Laura Harper and Karen Proctor from Shoosmiths in Manchester are heading to Washington DC as part of a delegation of top north-west business people to sell the region to US companies.
Competition and Markets Authority orders shake-up of audit services for large companies in the UK download
The Competition and Markets Authority has published the final order in relation to the Competition Commission’s investigation into the UK statutory audit market for large companies.
Employment status top tips download
Memery Crystal’s Merrill April presents five top tips regarding employment status.
Kings Chambers has announced that Doug Cochran, on the successful completion of his pupillage, has accepted an invitation of tenancy.
GRATA counsel Yerbolat Yerkebulanov spoke on the theme of ‘Kazakhstani Subsoil Users’ Procurement’ at a recent seminar organised by the General Consulate of France.
An IP’s guide to auto-enrolment download
Since October 2012, UK companies have started to have to automatically enrol certain eligible employees into pension schemes.
UK: updates to the Water Act 2014 download
This act enables the secretary of state to introduce regulations that will allow undertakers to exit the competitive part of the retail market.
The Australian Securities Exchange has released an updated version of Guidance Note 17 to the ASX listing rules. This article sets out some of the changes to the original note.
Conyers Dill & Pearman has provided Cayman law advice to the buying consortium on the privatisation and delisting of iSoftStone from the New York Stock Exchange.
Those generating their own electricity from solar photovoltaic panels receive payments from their energy suppliers for each kilowatt-hour of electricity that is generated.
Barnea & Co offers a full range of legal services for those engaged in the technology industry.
The real-estate department at Barnea & Co provides a complete spectrum of legal services covering all aspects of the needs of its clients engaged in private and commercial real estate.
Barnea & Co provides consultation to corporations and publicly traded companies on various legal issues related to activity in capital markets.
Barnea & Co is among Israel’s leading law firms in all aspects of the law relating to the internet, e-commerce, gaming and online financial trading.
Will the Scottish independence referendum affect Chinese enterprises? Answers from attorney Edward Huang download
The Scottish independence referendum has drawn attention worldwide, including that of Chinese people.
Addleshaw Goddard has announced a new leadership role for litigation partner Mark Hastings, who has been appointed head of fraud, regulatory and corporate crime.
Khaitan & Co has advised CD&R on the Indian leg of the transaction involving the acquisition of the entire water technology business of Ashland for $1.8bn.
Corporate law lies at the core of Barnea & Co’s practice, which includes providing advice throughout all phases of the development of corporations.
In May 2012, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (also known as LASPO) came into force.
Eversheds’ Hong Kong office has advised China Merchants Securities (Hong Kong) in connection with the HKD370m IPO of Jiashili Group.
The tax department specialises in providing comprehensive tax consulting in all areas of taxation related to commercial activity in Israel.
Conyers Dill & Pearman has been named Offshore Law Firm of the Year at the 2014 8th Annual China Law & Practice Awards ceremony.
Barnea & Co offers unique expertise in consulting, managing and representing companies, lenders and creditors in all corporate insolvency proceedings.
Joshua Kaye, co-chair of DLA Piper’s US Healthcare practice, has been named to the Daily Business Review’s ‘Rising Stars’ list.
Barnea & Co has extensive experience in providing bespoke legal counsel to kibbutz industries of all types, addressing their unique needs.
From January 2015, certain companies will be required to report annually on the payments that they have made to governments during the year.
Ensuring your rates of liquidated damages are a ‘genuine pre-estimate of loss’ is no longer enough to ensure that they will not later be held to be a penalty.
Collyer Bristow examines some of the issues that can arise in the relationship between principal, agent and those they do business with.
The Cayman Islands Companies Law sets out a non-exhaustive list of what constitutes ‘establishing a place of business’ or ‘carrying on business’ in Cayman.
DLA Piper has received two Americas Tax Awards from International Tax Review, a publication dedicated to international tax strategy.
Companies that keep a clean house in the gifts/meals/entertainment/travel part of the FCPA statute stand a better chance of forestalling big problems elsewhere in the statute’s danger zones.
DLA Piper highlights four key challenges and related ‘cures’ for dealing with one particularly perplexing group — distributors.
The issue of so-called facilitation payments and other small bribes is a thorn in the side of many international businesses.
Charitable contributions and the FCPA — six simple steps to help ensure your company is giving responsibly download
Many companies seek to give back to the communities in which they conduct business. But when the charitable giving takes place outside the US, this practice may raise concerns.
The Companies Act deems the majority of a company’s memorandum of association, including the objects clause, to form part of the company’s articles of association.
There is now a clear public expectation that every sizeable consumer-facing business will have a social media presence of some sort.
Allocating risk in IT contracts download
This article focuses only on the statutory framework as it applies to business contracts.
Khaitan & Co has advised Apax Partners in relation to its subscription to compulsory convertible preference shares of CIFCL.
Establishing a subsidiary in US download
A corporation offers limited liability protection, simplifies accounting and makes tax compliance less costly.
Pre-action protocol for debt claims download
This month, the Ministry of Justice is consulting on a proposed pre-action debt protocol that will apply to all debt claims brought by businesses against individuals.
Pillsbury has again been named to Working Mother’s 100 Best Companies, which celebrates employers whose benefits are helping redefine workplace standards.
Memery Crystal has advised Lancashire County Cricket Club on the issue of its first-ever retail bond to support development of its Emirates Old Trafford ground.
MOrsel: in business, it’s not what you know, it’s who you know — Nautech Services Ltd v CSS Ltd and Ors download
The Royal Court in Jersey has held that a business’s client contact information, stored on a database, is protected by laws of confidentiality and copyright.
The Supreme Court has ruled on the consumer’s right to receive written notice of the right to cancel a contract, and found in the consumer’s favour.
Carey Olsen lawyers from the Cayman Islands, Guernsey and Jersey have been recognised as leaders in their fields by this year’s Who’s Who Legal guides.
Walker Morris has advised Spirit Capital and the management team at the oil and environmental services business Adler & Allan on its secondary buyout.
Wragge Lawrence Graham & Co has advised AstraZeneca on its alliance with Lilly to develop and commercialise an Alzheimer’s inhibitor.
Not a fishing expedition: PFI contractor obtains pre-action disclosure in dispute that was to be subject of adjudication download
Obtaining relevant documentation at an early stage from a potential opponent can help resolve claims without the need to issue proceedings, or narrow the issue between the parties, so as to save costs.
Cook County adopts new Class 7c property tax incentive: key points for commercial developers download
The Cook County Board of Commissioners has adopted a new commercial real-estate tax incentive aiming to encourage real-estate development in the Chicago region.
The US Treasury Department has issued a notice of proposed rulemaking with a number of measures designed to reduce the tax advantages of inversion.
The European Commission has launched a public consultation to gather feedback and ideas on how the Small Business Act for Europe should be revised.
Despite having WSIB coverage, worker permitted to sue ‘physically demonstrative’ executive officer who ‘massaged’ her neck download
Physically demonstrative managers beware: your company’s workers compensation coverage does not necessarily protect you from lawsuits by employees.
Ben Jones of Eversheds has commented on moves by the US government to make it harder for companies to use foreign mergers to reduce their US tax bills.
Minter Ellison competition and regulatory specialist partner Geoff Carter has said that the introduction of more non-executive directors is a good idea.
Companies can expect an increase in creative and complex qui tam cases, with the DoJ lending its substantial resources to the growing plaintiffs’ bar.
The Draft Report of the Competition Policy Review aims to set the pathway for resuscitating productivity growth in Australia.
This decision is in line with a possible judicial trend towards enforceability of good faith obligations under English law.
Ilyashev & Partners is an official partner of the 2nd Annual Forum of In-House Counsel, which will be held on 23 October 2014.
Memery Crystal has advised foreign exchange company Caxton FX on the development and issue of its Caxton FX Bond:2 offer.
On 17 September 2014, the CFPB issued a proposal to supervise ‘larger participants’ in the auto finance market.
HMRC has published draft legislation dealing with ‘disguised salary’ of LLP members, partnerships with individual and company members and further anti-avoidance measures.
Cybercrime is one of the fastest-growing criminal activities on the planet. It covers a huge range of illegal activity including financial scams and computer hacking.
LLP — Lords’ message to HMRC download
The House of Lords Economic Affairs Committee’s Finance Bill Sub-Committee has published its report on its review of the draft legislation on partnership and LLP taxation.
In Kays Hotels v Barclays Bank, the Commercial Court refused a strike-out application that was based on a bank’s argument that the claim was time-barred.
In Lehman Brothers Finance SA v SAL Oppenheim JR & CIE KGAA, the Commercial Court considered the early termination provisions of the 1992 ISDA master agreement.
Bank not liable for CHAPS payment download
An instruction to make a payment through CHAPS was properly satisfied where the number and sort code were identified in the instruction, but not the name of the beneficiary.
From 1 October 2014, three new pieces of safety legislation will come into force in the UK.
AIM-listed companies and nominated advisers must have adequate regard to developments in Ukraine and in particular to EU sanctions against Russia.
A Dacheng team led by senior partner Jiang Rongqing has advised a central enterprise on the acquisition of a heavy crude-oil-fired power plant in Liberia.
Shoosmiths has advised McKay Securities on the purchase of Station Plaza, Theale, a major office development in the heart of the Thames Valley town.
The National Association of Financial Market Institutional Investors has approved the group’s registration of RMB820m worth of mid-term notes for this year.
The TMA — of which Dejan Nikolic of Karanovic & Nikolic is a member of the managing board — has launched its Serbia chapter with a members’ meeting at the Crown Plaza Hotel.
Ilyashev & Partners will host a panel discussion, titled ‘Doing business in Crimea: new line’, at the Hyatt Regency Kiev Hotel on 9 October 2014.
A Dacheng team led by Lu Yuefeng has won the bid to serve as legal counsel for Guangzhou Municipal Land Resources and Housing Administration Bureau.
Bankruptcy and liquidation trusts: under what conditions can they be recognised in the Italian legal system? download
The Italian Supreme Court of Cassation has ruled that trusts can be recognised in Italy, when the settlor is insolvent, only if they are consistent with the purposes of the procedure.
A debtor in a concordato preventivo pre-filing regime can suspend but not terminate agreements pursuant to bankruptcy law download
Can the Bankruptcy Court authorise the debtor to terminate credit facility agreements when the debtor submitted a pre-filing for concordato preventivo?
Soon there will be a major debate in Westminster on the future of the union that will likely lead to other changes.
Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following Merlin Financial Consultants Ltd v Cooper and Prophet plc v Huggett.
The US Department of Treasury’s Office of Foreign Assets Control has issued additional sanctions targeting certain Russian banks, energy and defence companies.
‘International bankruptcy’: which court has jurisdiction to commence insolvency proceedings? download
The Italian Supreme Court of Cassation has addressed a key issue under EC Regulation No. 1346/2000: the location of the ‘centre of main interests’ of a company.
This article examines certain key points of the new Competition and Consumer Protection Act 2014, which will come into force on 31 October 2014.
Who owns a bribe? download
Where an agent receives a bribe or secret commission in breach of the duties they owe their principal, who does it belong to?
Base erosion profit shifting project recommendations to combat tax avoidance by multinationals download
The OECD has been considering 15 key elements to be addressed by 2015 for a co-ordinated international approach to combat tax avoidance by multinational enterprises.
Franchising is a proven route to the successful international co-operation between F&B businesses and local real-estate investors.
Conyers Dill & Pearman has won Equity Market Deal of the Year and Real Estate Deal of the Year at the Macallan ALB Hong Kong Awards 2014.
A Dacheng team led by Beijing-based senior partner Yang Guisheng worked jointly with local lawyers in advising CGCOC Group on the investment.
Dacheng has advised Shidai Wanheng in connection with a loan programme between China Development Bank and Shidai Wanheng’s offshore special-purpose vehicle.
£4m boost to UK’s cyber security download
A new £4m funding programme will boost the UK’s cyber security, while making it easier for companies to thrive online, it is hoped.
Hot topics in UK LLP tax changes download
Discussions with HMRC are already revealing areas where the new tax rules may benefit from modest relaxations before they come into force from 6 April 2014.
Following consultation with Baker Tilly and other concerned groups, HMRC has published revised guidance on the new tax rules for salaried members of LLPs.
The recent Modern Law conference provided fascinating insights into the divergent routes taken by different law firms.
Shoosmiths has hosted an all-day event for London-based procurement professionals and in-house lawyers
Mourant Ozannes has advised an affiliate of Greystar Real Estate Partners on the acquisition of a portfolio of student properties in London from Oasis Capital.
Paul Christopher, managing partner of Mourant Ozannes’ Hong Kong office, has appeared as a panellist at Business BVI’s Annual Asia conference in Hong Kong.
In this briefing, Baker Tilly takes a look at the funding issues for firms in all the professions.
Jeremy Wright, the attorney-general, has confirmed that the government is considering the creation of an offence of corporate failure to prevent economic crime.
Ensuring a successful acquisition is all about integration, says Kemp Little.
Last month we promised more on Alibaba, and we certainly got more with a slew of additional filings throughout the month.
This paper is a high-level overview of developments concerning the Maldives.
This paper is a high-level overview of recent special economic zone (SEZ) developments in Myanmar.
Canadian securities regulators reach consensus on more target-friendly takeover bid legislation download
The Canadian Securities Administrators has announced that it intends to publish a new proposal for changes to the regulation of takeover bids.
Door-to-door selling of financial instruments: recent clarifications by the Court of Cassation download
The interpretation of the scope of application of the investor’s right to withdraw from any contracts for the placement of door-to-door financial products has again captured the attention of all players.
Tax Newsletter — July/August 2014: SAT strengthens reporting request under China CFC rules; and more download
DLA Piper has released the July/August edition of its Tax Newsletter, which provides a review of PRC and Hong Kong tax developments.
A recent High Court case has emphasised the need for investors to ensure that confidentially clauses in shareholders’ agreement are drafted correctly.
On 8 September 2014, the European Commission published a public consultation on the Small Business Act for Europe.
King & Capital’s Edward Huang has attended ‘Tanzania Theme Day’, which was held by the Tanzanian embassy in China.
The tenant’s right of first refusal was introduced to prevent landlords from selling the reversionary interest in a tenant’s flat without the tenant’s knowledge.
The department dealing with private equity, trusts and mergers and acquisitions is one of King & Capital’s most active teams.
King & Capital has instituted a system of standardised documents and operating processes to serve as a pre-warning system against commercial legal risk.
King & Capital provides legal services throughout the process of establishment of the project company, co-ordinating project finance, sales and real-estate management.
The Court of Appeal has held that administrators must make payment in respect of rent for any period during which he retains possession of the demised property.
King & Capital’s international department consists of a team of 25 highly qualified lawyers, more than a third of whom have studied or trained overseas.
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The Africa legal affairs centre has been jointly founded by the China Africa Industrial Forum and King & Capital.
This department was one of the first opened by King & Capital. Our securities lawyers have practised for more than 10 years on average.
Commercial law is our core business, specialising in long-term consultancy, litigiation and non-contentious matters.
The legal risk management department targets enterprise safety and heightens enterprise value by providing our clients with practical legal risk management services.
The energy and environment department at King & Capital provides a wide range of legal services.
As one of the earliest practice departments established in King & Capital, we are able to draw on some of the most talented legal minds in the country.
The courts have decided a number of high-profile cases this summer in which retailers have been involved in intellectual property disputes.
WesPay has announced that Pillsbury partner Deborah S Thoren-Peden is the recipient of the Frank E Zima Award for Payments Advocacy.
‘Inversion’ transactions are nothing new, and the current proceedings appear to be just another replay of earlier games of tag between the government and US multinationals.
Issues relating to customs value have been a common source of questions since work began on legislation.
DLA Piper has advised Penske Automotive Group, a transportation services company, and its Australian subsidiary on the acquisition of MTU Detroit Diesel Australia.
DLA Piper has advised on the acquisition by Global Payments of Ezi Holdings (Ezidebit) for AUD305m.
Planta de Reserva Fría de Generación de Eten, a Peru-based power generation company, has received the Best Infrastructure Bond award from LatinFinance.
Eversheds partner Stephen Hill has commented on the proposed AIM listing of Enecsys.
DLA Piper has advised Brook Henderson Group on the sale of Asteral to Pantheon Holdco, a company backed by private equity house Permira.
Some say there are few things more stressful than buying or selling a company. Gateley presents its top tips to help things run smoothly when the big day finally arrives.
Benchmark Asia Pacific, which covers the litigation market, has ranked Ince & Co as one of the recommended dispute resolution firms in Asia.
This briefing summarises some of the areas frequently encountered in relation to equity structuring choices.
EU/ECJ: voluntary ex ante transparency notice does not provide clean bill of health for awarding a contract without prior publication download
The ‘voluntary ex ante transparency notice’ does not preclude review authorities from declaring a contract ineffective if it was awarded without prior publication of a contract notice.
Ogier has announced that Caroline Bormans joined the Luxembourg office as a partner on 15 September 2014.
Ilyashev & Partners has obtained four merger clearances from Ukraine’s competition regulator, the Antitrust Committee, for PZU, an international insurance group.
On 3 and 4 September, GRATA Law Firm co-organised and participated in the ’GREAT Law, GREAT Business’ conference in Astana and Almaty.
Custom and practice have always been important when it comes to interpreting laws in the Sultanate. In some circumstances, custom may even be law itself.
Corporate Insurance Trends 2014 is a collection of articles highlighting some trends and key issues for financial lines insurers and their insureds in 2014.
Shoosmiths has announced 20 promotions to associate this month, following the firm’s partner promotions in May. All associate promotions take effect from 1 September.
Streamlining loan structures download
EAT., the high-street ‘food-to-go’ retailer, has refinanced its existing credit lines with a new £40m unitranche facility. So what is unitranche financing and why is it used?
Gateley has been instructed by a surety syndicate in what the firm describes as the UK’s largest-ever surety bond syndication deal.
UK: Lawbite — dilapidations and VAT download
The Court of Appeal decision in CLP Holding Company Ltd v Singh (1) Kaur (2) prompts consideration of a common oversight in dealing with dilapidations claims.
Amendments to the recently passed draft PPP law have been approved by Jordan’s Lower House Investment Committee.
Tenants who go into possession of premises to begin fitting out works may assume that they will not be liable to pay business rates until such time as the premises are ready to trade.
NZ-listed Infratil has agreed to sell its Australian businesses to Snowy Hydro for AUD605m. Minter Ellison advised Infratil on the strategic review.
Minter Ellison SA/NT has announced another strategic lateral partner appointment — the third in three months. Jeremy Rees joins the firm’s corporate team.
JPM Jankovic Popovic Mitic has organised a series of seminars titled ‘Key novelties of the labour law and how to apply them in practice’.
In some instances, the company should consider a strategy of shifting some of the costs and fees associated with compliance to the party issuing the subpoena.
California’s Automatic Renewal Law: are you giving your customers an unintended gift? Action step download
What if you had to return all the revenue you received from every customer in California for the last several years?
Danaher has announced an all-cash public tender offer for publicly held shares of Nobel Biocare Holding. Bär & Karrer acted as legal adviser to Nobel Biocare.
The Court of Appeal in has considered the effect of a lease provision requiring a repeat guarantee as a condition of landlord’s consent on intragroup assignment.
There has been a lot of talk about the Landlord and Tenant Covenants Act 1995 following the decisions in Good Harvest v Centaur and K/S Victoria v House of Fraser.
Eversheds has bolstered its Middle East consulting offering with the hire of principal management consultant Shery Ramezanian.
On 16 July 2014, Luxembourg adopted the law concerning the compulsory deposit and immobilisation of shares and units in bearer form.
Nabarro is acting for FTSE 250 international PPP infrastructure investment company John Laing Infrastructure Fund on its placing to raise up to £50m.
A trio of law firms including Shoosmiths has advised on a £210m deal in the rail sector aimed at boosting passenger capacity into and out of London Waterloo.
For many years, Luxembourg has positioned itself as a welcoming place for innovative companies in an objective of diversification.
On 5 September 2014, the French and Luxembourg finance ministers signed a protocol amending article 3 of the France-Luxembourg double tax treaty.
A private trust company is a privately owned corporate trustee whose sole purpose is to act as trustee to a trust or group of ‘connected’ trusts.
Linklaters has named London litigation head Michael Bennett as its new global litigation head and put him in charge of a new standalone litigation team, condensing two executive committee roles into one.
Italian M&A activity has hit a rough patch, forcing law firms to look for alternative sources of revenue
Damages recoverable from a tenant: the differences in England and Scotland.
In Gariepy v the Queen, the Tax Court considered whether two directors had effectively resigned from their positions.
The Court of Justice of the European Union ruled on 10 July 2014 that a retail store design may — subject to certain conditions — be registered as a trademark.
A Dacheng team led by senior partner Yang Guisheng has ensured financing for CNNC in its acquisition of a stake in Langer Heinrich Mine.
A Ningbo-based team from Dacheng led by corporate head Jiang Yinglei advised Ningbo Zhongyi Petro Chemical Technology Co on the listing.
Parmjit Singh, head of the India group at Eversheds, has commented on the news of India stepping up its privatisation programme.
Food and Beverage News and Trends — poll indicates strong support by parents for school lunch standards; and more
Hangzhou-based Dacheng attorneys have assisted three enterprises in an SME private bond filing at Shanghai Stock Exchange and Shenzhen Stock Exchange.
Dacheng Space was successfully listed on the National Equities and Exchange Quotations (NEEQ) system on 21 August 2014.
Addleshaw Goddard has promoted seven managing associates to legal director with immediate effect, bringing the total number of legal directors up to 36.
North Sea M&A — recent trends download
The offshore oil and gas industry in the North Sea is experiencing a defining period in its history.
Over the last several years, a wide range of healthcare companies have faced financial distress as a result of declining revenues and high operating costs.
Commercial litigators have been bombarded over the last year or so with scary cases on costs. The litigation landscape is changing.
Attorneys from Dacheng’s Tianjin office have advised Tianjin Beichen Science & Technology Park on the issuance of corporate bonds for the year 2014.
Our banking and finance team has a wealth of experience in all transactions of this nature.
Our corporate team advises public and private companies, owner-managed businesses and entrepreneurs on a wide range of corporate matters.
Our real-estate team has a considerable depth and breadth of experience in all aspects of commercial real estate.
Our employment team has an excellent reputation for providing high-quality, commercially relevant legal solutions to our clients’ employment and human resources issues.
Our pensions team has many years’ experience of advising employers, trustees, pension providers and financial institutions on the full range of pensions law issues.
Our construction team has a wealth of experience providing a comprehensive service to the industry.
The breadth of our business means we can tackle all disputes needs under one roof.
Our experienced shipping and transport team provides a world-class service to an international client base.
Hungary’s new advertising tax may affect regular manufacturing and trading companies active in various industry segments.
Resolution of the plenum of the Higher Arbitrazh Court on major and related party transactions download
On 16 May 2014, the plenum of the Higher Arbitrazh Court adopted the resolution ‘On Certain Issues Related to Challenging Major and Related Party Transactions’.
India presents significant business opportunities. However, those doing business within India have often complained about the perception of a culture of bribery and corruption.
The English High Court has analysed the arguments for and against non-English forum selection and choice-of-law terms in commercial contracts involving English parties.
Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value?
This sale contract dispute provides a useful refresher with regard to the proper application of the provisions of sections 53 and 54 of the Sale of Goods Act 1979.
Marco Santori, a leading authority on Bitcoin and digital currency, has joined as a counsel in Pillsbury’s intellectual property practice in New York.
As well as being experts in their own fields, our commercial lawyers are versatile enough to handle a wider range of issues.
Businesses should begin identifying the cookies that are used by their website. A ‘cookie audit’ should be undertaken with the assistance of IT departments/specialist legal advisers.
In a recent case, the court had to consider the interpretation of contract documents where there are ambiguities in the order of precedence.
DLA Piper has advised Acturis, a portfolio company of Summit Partners, on the acquisition of software company NAFI.
Partner — Manchester
Partner — Birmingham
Partner — Birmingham
Partner — Nottingham
Partner — Birmingham
Partner — Manchester
Partner — Birmingham
Head of commerce, technology and media
Senior partner — Birmingham
Partner — Manchester
Executives are ‘bullish’ on 2014 even as they expect the growth of e-tailing, the movement towards collaborative office space and other disruptive forces to reshape the industry.
Revised ASX guidance notes relevant to applications for admission and listing of foreign entities download
The ASX has released an updated version of Guidance Note 1 to the ASX Listing Rules and an updated version of Guidance Note 4 to the ASX Listing Rules.
KPMG has revealed that 58 per cent of family businesses are currently seeking external financing to fund their plans, but finding the right strategic partner can be challenging.
Khaitan & Co has advised Wolters Kluwer USA on the Indian leg of the transaction in relation to its acquisition of the remaining 62 per cent in Third Coast Holding.
The government has passed legislation that will allow pecuniary penalties and infringement notices as remedies for breaches of the Franchising Code of Conduct.
Addleshaw Goddard has advised Barclaycard, the global payments business of Barclays Bank, on its acquisition of The Logic Group.
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Partner — Birmingham
On 1 August 2014, the ‘Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business’ came into force.
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Partner — Leicester
Managing partner — Dubai officeCorporate partner — Middle East and Africa
On 31 July 2014, the government published a technical consultation on further proposals for reform of the planning process.
The Slovenian Competition Protection Agency may impose a fine of up to 10 per cent of a company’s annual turnover for infringements of article 9 of the Competition Act.
Schoenherr has advised the consortium of shareholders of Aerodrom Ljubljana on the privatisation of Slovenia’s primary airport in Ljubljana.
The regulations relating to the licensing and use of orphan works will come into force in October this year.
John MacKenzie looks at four aspects of the Intellectual Property Enterprise Court (IPEC) and discusses why it is an effective option for rights owners.
The European data protection authorities will be conducting a ‘cookie sweep’. Businesses should be checking their websites and cookie notices now to ensure they are compliant and fix any issues.
Shepherd and Wedderburn has announced the first in its series of wealth management briefings, which will run in both Edinburgh and Glasgow.
NCTM has assisted NCG Medical, an Italian company that has managed cardiovascular wards, operating theatres and intensive care units for 30 years, in its acquisition by Medtronic.
Deciding a company name is important. A well-chosen name can help create a brand and develop the goodwill and, ultimately, value of the company.
DLA Piper has announced that Carl Buchholz has been named managing partner of the firm’s Philadelphia’s office. Buchholz succeeds Jim Brogan.
Conyers has advised Luye Pharma Group on its $764m IPO of shares by way of a global offering involving a Hong Kong public offering and international offering.
On 5 September 2014, the Luxembourg and French finance ministers signed a fourth amendment to the Luxembourg-France Double Tax Treaty dated 1 April 1958.
Africa may ultimately prove to have benefited from the global financial crisis.
Airbus, like the rest of the aviation industry, competes in a global market. It is inherently international in its outlook and in its operations.
Much needs to be rebuilt and renewed in Myanmar, including its legal system.
The globalisation of labour, capital and know-how has brought about new challenges for domestic and conventional tax laws.
Khaitan & Co has acted as Indian legal adviser to Exal Corporation in relation to the complete buy-out of Mankind Pharma’s stake in Casablanca Industries.
A recent ruling has changed the way employers must now calculate holiday pay, with implications for both trading solvent businesses and insolvent businesses.
Shoosmiths has worked with longstanding client Chord Investments to complete work on the sale, lease-back and refinancing of St Paul’s Place.
A recent act has made various changes to the legal framework of occupational pensions for employees and self-employed company leaders.
A shareholder in a BVI company seeking to bring a derivative claim in Hong Kong must first obtain the permission of the BVI court.
Conyers Dill & Pearman has provided Bermuda legal advice to The Carlyle Group in relation to the acquisition of Ortho-Clinical Diagnostics.
Eversheds has announced the appointment of corporate finance partner Alison Starr, who joins from Pinsent Masons where she was a partner.
Prof Chris Elliot’s final report into food authenticity has called for a ‘robust, effective’ Food Crime Unit to protect the industry and consumers from criminal activity.
Eversheds partner Robin Johnson has commented on the ECB’s decision to cut interest rates to record lows.
Schoenherr has advised the lender syndicate of bauMax on the sale of the art collection ‘Sammlung Essl’ to a company controlled by the Haselsteiner Group.
Ilyashev has commented on the Circuit Administrative Court’s termination of an attempted illegal takeover of Antonov by an official appointed by Viktor Yanukovych.
New remuneration rules download
The new remuneration rules proposed in the joint consultation will affect all firms that are dual regulated by the PRA and the FCA.
Multinational investors must be keenly aware of the potential implications of their dealings in China under the Anti-Monopoly Law 2008.
DLA Piper has advised Indian outsourcing company Wipro on the Australian component of a global acquisition deal worth roughly AUD208m.
More than 100 business leaders have attended the inaugural East Midlands Business Leaders dinner.
This article provides a brief note on the matter and the issues involved and provides some preliminary comments from a risk management perspective.
Memery Crystal has been ranked the number-one law firm acting for UK-listed natural resources companies by the Corporate Advisers Rankings Guide.
Mourant Ozannes has advised SNC-Lavalin Group on its takeover of FTSE 250 company Kentz Corporation. The takeover valued Kentz at around £1.2bn.
Ogier in Jersey has assisted Kentz Corporation on its acquisition by SNC-Lavalin Group for an overall purchase price of approximately £1.2bn.
Shepherd and Wedderburn has hired telecommunications expert Gordon Moir from Webb Henderson.
The role of business is increasingly being scrutinised, debated and challenged. As a business community, we need to be aware of this trend and respond to it.
The Holyrood Health & Sport Committee has reported on this bill, which seeks to set up the new agency Food Standards Scotland as an autonomous body.
Wragge Lawrence Graham & Co has advised The Crown Estate on its purchase of Fosse Shopping Park in Leicester for £345.5m in a joint venture with Gingko Tree Investment.
Minter Ellison has announced the appointment of Janet Young as its new chief operating officer. She assumes operational management of the firm’s non-legal functions.
Conyers Dill & Pearman has advised Morgan Stanley Private Equity Asia (MSPEA) Education Holding on the $107.4m privatisation of Noah Education Holdings.
Video: commercial tenant rights and obligations when taking on a lease of newly built property download
In this video, IBB partner Juliusz Wodzianski discusses commercial tenant rights and obligations when taking on a lease of a newly built property.
Charlotte Walker-Osborn has commented on news that top start-ups and venture capital firms are urging the UK government to relax rules and taxes.
We are one of the UK’s largest dedicated commercial teams, ranked fifth in the list of commercial advisers to the FTSE 250.
We advise clients on the full range of outsourcing needs, including information technology, business processes, facilities management and logistics.
Our team works with vendors and purchases to mitigate risk, resolve issues and achieve good deals on information technology projects.
We have a strong track-record in creating regulatory frameworks and a reputation for showing companies how to successfully navigate their way through them.
Our specialists steer clients through the complex and dynamic area of competition and EU law, wherever they are located.
From the everyday to the strategic, this 38-strong global team advises a broad client base on the full range of employment issues.
This is an experienced, commercially focused team with a network of international offices.
There are more than 170 lawyers working globally to provide the best possible solution for your business, well-protected interests and carefully managed cost control.
We are a 60-strong team advising clients ranging from the world’s leading financial institutions and public companies to private businesses and entrepreneurs.
Investec Trust (Guernsey) Ltd et al v Glenalla Properties Ltd et al: Guernsey Court of Appeal holds trustee not personally liable download
The Court of Appeal of Guernsey has overturned the decision holding the Guernsey-based former trustees of a Jersey law trust personally liable to repay debts amounting to £183m.
In April of this year, the government of Canada issued a consultation paper regarding mandatory reporting standards for extractive industry companies.
DLA Piper has represented Shanghai-based investment group Fosun International in its equity investment in US insurer Ironshore.
DLA Piper has announced that Savaria Harris has joined the firm’s litigation practice as a partner based in New York. She will also practice in Washington DC.
Amendments to California’s security breach notification bill head to governor: key action points for businesses download
In what has become almost an annual ritual, California is poised to tweak its security breach notice law.
IP Rights in Data Handbook: protecting and exploiting IP in data, big data and databases internationally download
DLA Piper’s second-edition IP Rights in Data Handbook now covers 20 jurisdictions and includes top tips from local professionals on how best to exploit big data.
Bribery under the spotlight download
Bribery comes in many different forms and some are more easy to recognise than others.
Khaitan & Co has advised Abu Dhabi Commercial Bank PJSC in relation to the external commercial borrowing of an aggregate amount of $98m.
In August, the PCI Council published guidance aimed at businesses that engage third-party service providers to store, transmit or process cardholder data on its behalf.
Shoosmiths has advised HydraForce on the development of its second site at Birmingham’s Advanced Manufacturing Hub, in a move that will create hundreds of jobs.
The new Companies Bill is likely to become law later this year or early in 2015.
Four of the world’s largest technology companies hit the headlines recently when they settled a $324m class action, but the settlement was later overturned in the courts.
Boyanov & Co advises financial institutions on high-profile and big-ticket finance transactions, banking M&A deals, debt restructurings, note issuance and regulatory matters.
The energy practice of Boyanov & Co is one of the busiest departments of the firm. We also have experience in advising clients on natural resources projects.
The English High Court has recently been asked to consider the meaning of clause 8 of GAFTA Contract 49.
DLA Piper has announced its merger with Czech law firm Haskovcova&Co, as of 1 September 2014.
Eversheds Saladžius is supporting Lithuanian Junior Achievement Organization, a non-profit organisation that provides economic and business education to students.
On 1 September 2014, Ewa Szlachetka became a partner at Wierzbowski Eversheds, where she will head the firm’s mergers and acquisitions practice.
The firm has consistently been praised as a market leader in the corporate and compliance field, especially in mergers and acquisitions and in company law.
Robin Johnson, head of diversified industrials at Eversheds, has commented on the latest projections for UK manufacturing growth.
Boyanov & Co has the most extensive experience in aircraft finance in Bulgaria. Our lawyers are recognised for their expertise, pragmatism and efficiency.
Zero-hours contracts: new consultation on tackling avoidance of forthcoming ban on exclusivity clauses download
The government has published a new consultation seeking views on avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts.
The firm is capable of dealing with the most complex commercial, regulatory, and technical issues in the telecommunications and media sector.
Throughout the years, the real-estate and construction practice has been deeply involved in practically all major deals that have taken place in Bulgaria.
Boyanov & Co provides advice in connection with wealth management, tax planning, business and personal relocation, family law matters and employment law advice.
A number of Tier 2 sponsors do not consider the effect of changes to their company structure on their sponsor licence and/or what their obligations are in such circumstances.
Dress codes — new guidance from Acas download
Acas has issued guidance in relation to workplace dress codes, which will be useful for employers who are drafting or reviewing their policy.
A recent Supreme Court case has turned on its head the position on the limitation period (prescription period under Scottish law) that has been in place for some 40 years.
Boyanov & Co has developed a successful practice in virtually all areas of competition law, including merger control, antitrust, state aid and unfair competition proceedings.
Boyanov & Co provides employment advice on a permanent basis and acts as outside counsel for companies such as Mondelez Bulgaria and Ideal Standard.
Boyanov & Co is well known for its excellent and experienced litigators with exceptional expertise in litigation and alternative dispute resolution matters.
Mark Vinall has been quoted on the subject of a recent ruling that could allow tenants of commercial buildings to acquire the freehold interest against the will of the landlord.
Partner, Forensic Services
Director, Forensic Services
Director, Forensic Services
Partner, Forensic Services
Partner, Forensic Services
Director, Forensic Services
Director, Forensic Services
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Director, Forensic Services
Director, Forensic Services
Director, Forensic Services
Partner, Forensic Services
Director, Forensic Services
The government has introduced the Small Business, Enterprise and Employment Bill, which if passed will make changes to the insolvency profession.
Eversheds has advised the Cell Therapy Catapult on a partnership with UCL Business (UCLB) and Imperial Innovations.
On 13 August 2014, the Office of Foreign Assets Control (OFAC) issued new guidance on ownership/control for determining blocked parties.
Partner, Forensic Services
Director, Forensic Services
Director, Forensic Services
DLA Piper has advised MoboTap on an investment transaction with Changyou.com for nearly $100m.
Eversheds has commented on the latest distributive trades survey from the Confederation of British Industry.
A company registered in a foreign jurisdiction can migrate from its home jurisdiction to Jersey provided the laws of the foreign jurisdiction allow it to do so.
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Insolvency litigation update — disclosure of documents can be justified if litigant engages in strategy of concealment; and more download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases affecting the insolvency and fraud investigation industry.
Director, Forensic Services
Director, Forensic Services
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Director, Forensic Services
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Partner, Forensic Services
The Pensions Regulator’s financial support direction case against various companies in the Lehman Brothers group has settled.
Is your website legal? download
This briefing summarises some of the key information has to be disclosed by website operators.
Companies Bill 2012 download
The Companies Bill 2012, due to be enacted shortly, is one of the longest pieces of legislation ever to come before the Oireachtas.
Time to conserve your energy? Minimum energy performance standards for commercially rented property download
In July, DECC published its consultation paper on the proposed Private Rented Sector Energy Efficiency Regulations (Non-Domestic).
Technology acquisitions round-up — Facebook acquires LiveRail; Apple acquires Beats Electronics; and more download
In this briefing, Eversheds sets out a choice pick of mergers and acquisitions from 2014 so far.
Protecting your market and goodwill; post-termination restrictions and stepping rights upheld download
In Carewatch Care Services v Focus Caring Service and Others, Mr Justice Henderson had to consider the enforceability of standard post-termination restrictions.
Potential purchase of SoundCloud download
There have been numerous reports that SoundCloud is in discussions with the major record labels in relation to acquiring equity in the streaming music service provider.
Dentons highlights lessons that can be learned from the Humphrey case and provides advice for navigating the risks associated with internal investigations in China.
A recent MOL safety blitz has shown that many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act.
The World Economic Forum, advised by PwC, has launched an initiative titled ‘The Leadership, Trust and Performance Equation’.
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Director, Corporate Intelligence
7KBW has been shortlisted by Chambers and Partners for the 2014 Chambers Bar Awards as Set of the Year for insurance, international arbitration and shipping.
DLA Piper has announced that Baltimore partner Ian Taylor has been selected to The Daily Record’s list of ‘Very Important Professionals’.
The Supreme Court has held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a corporation’s internal investigation.
The Court of Appeal has considered whether the High Court made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
Transaction services helps companies make acquisitions, divestitures and strategic alliances and to access the global capital markets.
Our accountants, lawyers, former regulators, computer forensic specialists, engineers and other experts can help to investigate, analyse and resolve potential crises.
We help organisations to work smarter and grow faster. Our work is always evolving to respond to industry trends and management focus.
As market leaders, we constantly pioneer to give our clients an intelligent, imaginative and resourceful service.
Welcome to PwC Legal LLP, a member of the PwC international network of firms.
We have the breadth of expertise and experience to lead the development of best practice, understand the potential pitfalls you face and know what works in practice.
PwC’s head of investigations looks at the results of the seventh Global Economic Crime Survey and assesses how fraud in the UK has changed over the last few years.
More companies are establishing codes of conduct as part of their governance. But does this add any real value or is it simply an exercise that ticks another box?
The route to renewed trust is for business to be seen to be ‘doing the right thing’, for the right reasons. This is easy to say. But what does it mean in practice?
If organisations create the appropriate culture, people will feel able to speak up when they suspect there has been a breach of ethics or values.
Mark Anderson, Will Kenyon and Lynne Rainey discuss how public record research and forensic accounting expertise can help clients trace and recover assets.
Deloitte has turned to Latham & Watkins and Taylor Wessing to advise it on potential claims arising from the explosive row between Hewlett-Packard (HP) and Autonomy in the months before the latter’s $11.1bn takeover.
PwC looks at the results of its seventh Global Economic Crime Survey and assesses how fraud in the UK has changed over the last few years.
Jon Baldwin, associate in Winckworth Sherwood’s commercial and corporate team, has been quoted in the Financial Times in its ‘Business questions: Expert advice’ section.
Richard Tinham, head of commercial and corporate at Winckworth Sherwood, has been quoted in the Financial Times’ ‘Business questions: Expert advice’ section.
Khaitan & Co has acted as Indian legal adviser to Hay Group USA in relation to the acquisition of the Talent Q International group.
Leading trade organisations have criticised plans outlined by George Osborne to allow HMRC to take taxes directly from taxpayers’ bank accounts.
Licensed issuers can now issue and trade covered warrants on exchanges outside the free zones in the UAE.
Significant amendments to Oman’s Commercial Agencies Law become effective in July 2014 by Sultani Decree 34/2014 download
Sultani Decree 34/2014 has brought in the most significant amendments to the Commercial Agencies Law (Sultani Decree 26/77) since amendments in 1996.
Dentons is a silver sponsor of the Mining & Investment Latin America Summit, which will take place on 27–28 October 2014 in Lima, Peru.
DLA Piper’s privacy experts have compiled a list of dos and don’ts for addressing privacy compliance in M&A transactions.
CVC Capital Partners has been ordered to pay €129m (£103m) to Budweiser brewer Anheuser-Busch InBev (AB In Bev) in a court battle over a 2009 deal, after turning from Freshfields Bruckhaus Deringer to Allen & Overy (A&O).
Thread and zips manufacturer Coats has appointed senior Weight Watchers lawyer Richard Reade as deputy general counsel, following the appointment of its first-ever general counsel from Lloyds.
Wragge Lawrence Graham & Co has advised the owners of Kennet Equipment Leasing on its sale to a new fund raised by STAR Capital Partners.
Lessons from Lehman download
The Pensions Regulator has reported that a settlement agreement had been reached in respect of the Lehman Brothers Pension Scheme.
It’s all too easy to hijack a company or LLP. If you want to minimise the risk of a fraudster targeting and damaging your business, you need to PROOF it.
This article outlines the extent of EU sanctions targeted against Russia, Crimea and Sevastapol and provides some general guidance to TMT companies doing business in Russia.
The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967 under the framework of the ‘three pillars’ of regional co-operation
Conclusion of new agreements between shareholders of Ukrainian joint-stock companies and depository institutions download
On 12 October 2014, a year will have passed since the Law of Ukraine ‘On the Depository System of Ukraine’ No. 5178-VI entered into force.
Dacheng has advised Shanghai Zhongji Investment Holding Co on its acquisition of a stake in offshore DianDian Interactive Holding and DianDian Interactive (Beijing) Technology Co.
Dacheng has advised the government of Hangzhou and Zhejiang Cybernaut Investment Management Co on the creation of the Hangzhou-US Silicon Valley incubator.
Attorneys from Dacheng’s Changsha office have advised Huafengda Cable Network Holding Co on the acquisition of equity of Guangzhou Digital Media Group Co.
Dacheng has advised Shenzhen Xinglong Technology Co on its successful listing on the National Equities and Exchange Quotations (NEEQ) system.
Adelaide Brighton is to acquire the Direct Mix Concrete and Southern Quarries Group of Companies. Minter Ellison advised the vendors on all legal aspects of the sale.
Eversheds has advised Derby City Council and Derbyshire County Council on the latest milestone in their £950m long-term waste management PPP contract.
Eversheds has advised North East Worcestershire College on its successful merger with Worcester College of Technology.
Conyers Dill & Pearman has provided BVI law advice to Petro-Victory Energy Corp on its IPO listing on the TSX Venture Exchange.
Khaitan & Co has acted as fund counsel to Quadria Investment Management, which has set up the India Build Out Fund-II.
A cross-office team from Gateley has advised on a deal that saw Dublin-based One51 acquire Straight for £10.7m.
DLA Piper has signed a lease renewal to expand to two floors containing 45,000ft² located at Southeast Financial Center in Florida.
Earlier this year, McKesson Canada Corporation appealed the decision of the Tax Court of Canada in McKesson Canada Corporation v The Queen.
Conyers has advised Kosmos Energy on a private offering to eligible purchasers of $300m aggregate principal amount of its 7.875 per cent senior secured notes due 2021.
The UK Partnership Accounts Regulations 2008 require ‘qualifying partnerships’ to file with the UK registrar annual accounts that comply fully with UK GAAP or IFRS.
This update discusses various Cayman Islands laws, including the Directors Registration and Licensing Law 2014 and the Exempted Limited Partnership Law 2014.
European Commission proposes reforms to merger control regime; how will this affect the aviation sector? download
The European Commission has produced a white paper setting out proposals to improve and extend European Union merger control.
Khaitan & Co has advised Religare Credit Advisors in relation to setting up of the Religare Credit Opportunities Fund, a scheme of Religare Credit Investments Trust.
The potential impact of Ebola is of interest to all corporations with a presence in Africa, and in particular to those with projects, assets and personnel in the countries affected.
The new law came into force on 13 August 2014, and the deadline for privatisation of socially owned capital to be completed is 31 December 2015.
There seems to be a growing recognition that retaining the skills of the older worker makes sound business sense. But are we neglecting our younger potential workforce?
On 5 August 2014, the National Assembly of the Republic of Serbia enacted the Law on amendments and additions to the Insolvency Law.
On 5 August 2014, the National Assembly of the Republic of Serbia enacted a new privatisation law, which came into force on 13 August 2014.
India recently staged the largest free democratic election in world history, bringing to power the National Democratic Alliance, and with it a fresh sense of optimism.
In this update, DLA Piper provides an overview of the substantial holder notice regime under chapter 6C of the Corporations Act (Cth) 2001.
Food and Beverage News and Trends — Vermont AG defends GMO statute; ‘natural food’ trade group is formed; and more download
DLA Piper was the principal legal adviser on the largest LIC IPO to list on the Australian Securities Exchange (ASX) post global financial crisis.
In a decision rendered on 24 July 2014, the French Competition Authority imposed a €1.7m (£1.35m) fine on Société Nouvelle des Yaourts de Littée.
The allegedly unfair behaviour of a competitor does not justify exclusionary practices against it download
Cegedim, in a dominant position on the market of medical information databases, has been heavily sanctioned by the French Competition Authority.
The absence of prior notice of mergers may result in significant fines without breaching the principle of proportionality download
High financial consequences may be borne by companies that have failed to notify and have implemented their merger without authorisation from the competent competition authority.
The Canada Revenue Agency has introduced a new tool for tax compliance with the release of the first CRA app for businesses.
This judgment in the Court of Appeal considered an appeal on one part of the judgment of Lieutenant Bailiff Chadwick (the Judge) of December 2013.
Rachel Moore looks at how to apply the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations to contracts concluded through an aggregator.
Minter Ellison has advised Oakton on its acquisition by Dimension Data Australia, which has entered into an agreement to purchase 100 per cent of Oakton’s 90 million shares.
GRATA Law Firm partner Yerzhan Yessimkhanov has taken part in a meeting with the business community in Ukraine.
The guidelines give EU businesses more certainty around what cloud service providers and cloud services consumers are responsible for when entering into contractual agreements.
Eversheds’ Robin Johnson has commented following news from the CBI that British factory orders grew faster than expected in August due to a rise in overseas demand.
Letter from Europe: cheeky monkey — Wikipedia claims copyright comes down to the press of a button download
Paul Harris shares his thoughts and observations on the commercial world, and intellectual property in particular. Here he focuses on the recent ‘monkey selfie’.
Mohammed Zaman QC, a silk with commercial and international expertise, has joined the commercial and international groups at No5 Chambers.
Court upholds contract terms — a bad bargain, however clearly drafted, will remain a bad bargain download
The recent case of Fujitsu Services Ltd v IBM United Kingdom Ltd is about one party’s efforts to defeat a clearly worded exclusion clause.
DLA Piper has advised KKR on its venture with Abacus Property Group to purchase 70 per cent of the World Trade Centre in Northbank, Melbourne, from Asset 1.
Conyers Dill & Pearman has provided Bermuda law advice in connection with an initial offering of ordinary shares.
BWB has been at the heart of the social enterprise sector for more than 20 years.
BWB’s public and regulatory law team, headed by Melanie Carter, provides practical and strategic advice and representation for its clients.
Our specialist property dispute resolution team can help to steer you through the complexities of the law to identify practical, cost-effective options.
With a diverse client base and varied work load, the property team has an unusual breadth of vision and understanding.
Just about every job we undertake has something different about it. This makes it easy for us to share our client’s excitement about what they are doing.
In a recent case, the court considered whether deeds intending to indemnify a factor’s losses under an invoice discounting agreement were an indemnity or a guarantee.
We are widely recognised as the leading immigration practice in the UK. Our immigration team is led by Philip Trott.
BWB’s dispute resolution and litigation team is made up of experienced litigators with a wide-ranging practice.
Our team operates predominantly in the small to mid-cap market, where we have extensive experience and a client-focused approach.
Our competition team combines expertise in corporate/commercial and regulatory law, advising on specialist competition issues.
DLA Piper has announced that Majorie Winters has joined the firm as director and counsel of its NEST (NextGen Environment for STartUps) programme.
DLA Piper has represented Goldman Sachs in connection with a $265m (£160m) private bank financing for the $477m construction of the new Sacramento Kings arena.
DLA Piper has advised Etihad Airways on its entry into a transaction implementation agreement with Alitalia.
At BWB, we can advise both suppliers and customers for IT and outsourcing services on the full range of outsourcing projects.
Our insolvency group is a team of lawyers with expertise in various areas, working together to provide the best possible service to clients dealing with insolvency.
BWB advises on finance issues for a broad range of clients, both for those providing finance and to those receiving it, be that in the not-for-profit or commercial sectors.
Khaitan & Co has advised DCBL India in relation to the acquisition of JAL’s 74 per cent stake in BoJCL India for approximately $141m.
Got a company you no longer need? Perhaps it’s time to think about getting rid of it, freeing yourself of the burden of administration that comes with all corporate entities.
Allen & Overy and Deutsche Bank have joined forces to mentor budding entrepreneurs from a London secondary school to set up their own small businesses.
We provide our clients with practical, commercial advice for marketing campaigns across all media and are ranked as leading advertising and marketing lawyers.
Study warns of ‘management pay gap’ download
A female manager would have to work 14 years longer than a male counterpart to earn as much as them over a career, according to a new study.
Senior litigation executive — team leader, acquisitions
The European Commission has launched a consultation on the functioning and future of the Insurance Block Exemption Regulation (IBER).
Whoever said ‘a verbal contract isn’t worth the paper it’s written on’ did not have this quite right and recent case law confirms they actually had it quite wrong.
A shadow director may be someone who is openly involved in managing a company or someone who lurks ‘in the shadows’ behind the scenes.
The US Commerce Department’s BIS has issued a final rule amending the Export Administration Regulations and imposing further export controls against Russia’s energy sector.
The Groceries Code Adjudicator was set up to ensure that large retailers with a turnover of more than £1bn comply with the Groceries Supply Code of Practice.
Khaitan & Co has advised Lightbox Management, which has acquired interest in a variety of portfolio companies for approximately $19.2m.
Poland: the latest changes in Polish Public Procurement Law — the biggest amendment since 2004 download
On 25 July 2014, the Polish Parliament passed on an amendment of the Public Procurement Law.
Disclaimer and rates download
A landlord may be deterred from forfeiting the lease of a defaulting tenant because of the cost of business rates liability. What is the position where a lease has been disclaimed?
International arbitration in China download
Non-Chinese contractors are regularly encountering contracts containing arbitration clauses providing for disputes to be determined by Chinese arbitration centres.
Tech companies taking longer to IPO download
The latest report on venture capital funding in the tech sector from CB Insights has revealed an interesting trend in the nature of tech businesses coming up to IPO.
The PDG’s open data statement will be of interest to any business that uses public data and/or wants to develop products and services built using public data.
The government’s stated aim of improving access to finance for SMEs will be bolstered by its recent statement on 6 August 2014.
Recent guidance clarifies that the use of female-only shortlists or quotas to encourage more women on corporate boards is unlawful.
Germany: Federal Cartel Office bans food retail giant EDEKA from squeezing suppliers, EDEKA goes to court download
Attempts by German supermarket EDEKA to force suppliers to grant it ‘wedding rebates’ following its acquisition of Plus in 2009 were abusive and unlawful.
Kemp Little discusses GoPro, a manufacturer of wearable cameras popular with extreme sports enthusiasts, and its share price surge following its IPO back in June.
Don’t forget the 23 September 2014 deadline to ensure your business associate agreements comply with the Omnibus Final Rule download
Covered entities with business associate agreements that were entered on or before 25 January 2013 must revise their BAAs by 23 September 2014.
The new amendments to the Russian Civil Code will only apply to legal relationships that emerge after 1 July 2014.
AstraZeneca has failed to prevent generic companies from selling competing generic versions of its Crestor cholesterol drug. Minter Ellison represented Watson and Ascent in this matter.
The Nigerian banking landscape continues to face significant headwinds on its bottom line — both from the top line and costs.
KPMG’s M&A Predictor is a forward-looking tool that helps member firm clients to forecast worldwide trends in mergers and acquisitions.
Conyers Dill & Pearman has provided BVI and Cayman law advice to Colour Life Services Group Co, Ltd on its HK$1.15bn (£89.3m) listing.
The Verkhovna Rada of Ukraine has adopted a new law that stipulates the creation of a free economic zone in Crimea for 10 full calendar years.
International co-operation in cross-border insolvencies: smoothing the path for foreign liquidators in Hong Kong download
A decision of the High Court of the Hong Kong SAR should make the task of liquidators of BVI, Cayman and other foreign companies more straightforward in the region.
Conyers has provided BVI and Cayman law advice to Century Sage Scientific Holdings regarding its listing on the Hong Kong Stock Exchange.
B P Collins has announced that it will be sponsoring the Entrepreneur of the Year award at the Slough Business Awards 2015.
SMEs are being urged to seek information about tax breaks that could benefit them in terms of growth, innovation and research and development.
BDK Advokati/Attorneys at Law has advised Resource Partners on its acquisition of Serbian gym and fitness chain World Class.
A new Luxembourg act on the immobilisation of bearer shares and units was published in the Luxembourg Official Gazette on 14 August 2014.
Walker Morris has been appointed by Sustainable Development Capital Ltd (SDCL) to provide specialist legal advice on its energy-efficient investments.
Corporate lawyers from Walker Morris have advised Straight on its sale to a subsidiary of Irish outfit One Fifty One for approximately £10.7m.
Parmjit Singh, head of the food and drink group at Eversheds, has commented on Coca-Cola’s investment in Monster Beverage Corp.
Conyers Dill & Pearman has been nominated in eight categories in the China Law and Practice awards.
Conyers Dill & Pearman has provided BVI and Cayman law advice to Hengxing Gold Holding Company on its HKD462.5m IPO.
Conyers Dill & Pearman has provided advice to Jazz Investments, a Bermuda company and a wholly owned subsidiary of Jazz Pharmaceuticals.
Shoosmiths has announced the appointment of two partners who will be based at the firm’s Birmingham office: Karen Featherstone and David Adams.
Transactions with directors download
The requirement for directors to declare their interests in any transactions between them and the company is well known.
This briefing outlines the general procedure for repatriating funds from a subsidiary in China.
Insolvent liquidation — a guide download
This note provides a short summary of the two formal insolvent liquidation processes.
Mourant Ozannes has recruited David Byrne as its global head of business development and marketing.
Bär & Karrer has advised Bank of China International, global co-ordinator, on Swiss law in the initial public offering of Ernest Borel Holdings.
Dacheng has advised Guangdong Loongon Animation & Culture Co on its listing on the National Equities and Exchange Quotations (NEEQ) system.
Dacheng’s Guangzhou-based attorney Lu Yuefeng has been appointed to a pool of experts to review contract templates drafted by the government.
Serbia: new Privatisation Act download
No summer for the Serbian Parliament — the new Privatisation Act is one of many outputs of the prolific 2014 summer session.
In 2013, 41 per cent of small firms fell prey to cyber criminals, with another 10 per cent hit by online fraud and 20 per cent affected by a computer virus.
Khaitan & Co has advised RapidValue IT Services on the Series A investment by Helion Venture Partners.
At the end of July, the US and the EU escalated their respective sanctions regimes against Russia following the Kremlin’s intervention in the Crimea/Ukraine crisis.
Pillsbury has announced the opening of its Beijing office. This is Pillsbury’s second office in the People’s Republic of China, along with its office in Shanghai.
We have a depth of experience across local and central government.
Goodman Derrick is hosting a panel discussion and networking event for business owners and directors who are planning to expand into the US.
We have a proven track record of working within the highly competitive leisure and hospitality sector.
MoL managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests.
Credit providers seek to monitor customers’ performance over the lifespan of a funding transaction.
Conflicts of interest can be an inevitable part of employment for university academics, especially when performing different roles.
Name or shame: complying with the name and charitable status provisions of the Co-operative and Community Benefit Societies Act 2014 download
This note focuses on two key provisions of the Act which deal with the requirement to display the name and charitable status of registered societies.
For many decades, independent directors in most public companies generally avoided face-to-face interaction with stockholders.
Manufacturing: Making it Globally download
In this report we explore the international activities and operations of large UK manufacturing businesses.
Managing waste in your business download
All businesses are subject to laws regulating how they manage waste — how they store, treat and dispose of it. Find out what the laws are and how to comply.
For companies with business relationships in or related to Russia, this alert provides a recap of the current US sanctions.
On 1 September 2014, changes to the Civil Code of the Russian Federation come into force.
Pre-packs — do they have a future? download
In June 2014, Teresa Graham published her report on pre-pack administrations.
Dacheng has advised Wuhan Yongli Power Supply Technology on its successful listing on the National Equities and Exchange Quotations (NEEQ) system
Two Dacheng senior partners have been retained as standing legal counsel of China National Aviation Holding Construction and Development Company Ltd.
Dacheng partners have advised Hubei Jinxu Agricultural Development Co Ltd on its successful listing on the National Equities and Exchange Quotations (NEEQ) system.
Dacheng has represented Xi’an Aircraft Industrial, which signed a package of transactional documents with Pratt and Whitney Canada on the purchase of engines.
NCTM has advised CSM Machinery on its acquisition of Oakley Industrial Machinery Inc.
Minter Ellison has advised Pact Group Holdings on its acquisition of the Australian and New Zealand operations of Sulo Group.
Shoosmiths’ corporate team in Manchester has acted for Chase Templeton on a trio of acquisitions which will take premium income at the insurer to more than £100m.
Richard Tinham, head of commercial and corporate at Winckworth Sherwood, has been quoted in the Financial Times in its ‘Business questions: Expert advice’ section.
Allen & Overy has advised Freudenberg SE in connection with a €250m syndicated facility.
Khaitan & Co has advised Axis Bank Ltd in relation to financial assistance of $168m (£101m) to Raigarh Champa Rail Infrastructure Private Ltd.
The Companies Bill 2012, which is due to be enacted in early 2015, sees the reintroduction of annual director compliance statements.
Schoenherr has advised Laakman Holding on the increase of its participation in the listed fund company C-QUADRAT Investment.
Employers in England should be aware of the possible impact that a rising number of people with dementia could have on their operations, a new report says.
Conyers Dill & Pearman has provided Bermuda advice to Viking Cruises Ltd in connection with the offering of $275m (£164m) aggregate principal amount of its 8.50 per cent senior notes.
A seller’s appeal that VAT on the purchase price of a commercial property was payable by the buyer, despite the inclusion of wording to this effect in the standard conditions, has been dismissed
What was previously regarded as a mission impossible has now become a process with fewer formalities and less time required.
Commercial premises can be a major asset for your business — and an expensive and aggravating management challenge.
Our commercial lawyers are passionate about helping you to secure and enhance the value of your business.
Whatever your requirements, our notary service is conveniently placed to ensure your documents are legally recognised in a timely manner.
Monitoring risks in a changing world download
Continuous monitoring of a retailer’s risks against online information sources can pre-empt exposure and maximise opportunities.
Update on Orozco v Plackis: was franchisor’s principal the employer of franchisor’s employee? Fifth Circuit reverses — three takeaways download
Although the Circuit Court stressed that its decision ‘did not suggest that franchisors can never qualify as the FLSA employer for a franchisee’s employees’, the case is important for several reasons.
The table in this briefing acts as a guide for ASX-listed companies, setting out key timing requirements and matters that need to be covered in annual reports.
Khaitan & Co has advised SEB Internationale SAS on its acquisition of the remaining 45 per cent stake in Maharaja Whiteline Industries Private Ltd.
In a recent case, the Court of Appeal examined the relevant principles when a party seeks to challenge the report of an expert and re-affirmed previous decisions.
The GST Act has been amended to introduce new restrictions on Australian Taxation Office refunds for goods and services tax (GST) overpayments.
On 29 May 2014, the presidents of Russia, Kazakhstan and Belarus signed an agreement establishing the Eurasian Economic Union.
The new EU sanctions against Russia — key points to know, key steps for companies with business interests in Russia download
The EU has adopted economic sanctions against Russia — the latest step relating to the protection of the territorial integrity of Ukraine.
SMEs continue to hunt for credit download
SMEs have found it notoriously difficult to obtain secure funding during the downturn with a trend of the banks refusing to lend.
The Dealogic and Infrastructure Journal half-year league table results have been published, with Allen & Overy ranking first in each by both value and volume.
David Savage, sanctions expert at Eversheds, has commented on new foodstuff sanctions imposed on 7 August by Russia on EU/US companies.
Hyacinthe Fansi from SCP Ngassam NJIKE & Associates, an EALI member located in Cameroon, is co-author of the new Ohada Blue Code, third edition.
Khaitan & Co has advised EnerNOC, a provider of energy intelligence software, in relation to its acquisition of EnTech.
Corporate lawyers from Walker Morris have advised Proactis Holdings on its acquisition of the entire share capital of Intelligent Capture for £1.55m.
Our corporate and commercial team advises clients on all major steps of corporate life from setting up a business to capital increases and restructurings.
Ban of imports of certain agricultural products from the EU, the US and other countries that imposed sanctions on Russia download
The president of the Russian Federation has signed Decree No. 560, banning imports of certain agricultural products from countries that imposed sanctions on Russia.
The FCA has provided a list of questions for regulated firms to consider when using third parties in the delivery of critical technology services.
Double trouble for D&O insurers as the UK regulators extend the limitation period applicable to disciplinary investigations
Recent legislative changes in the UK are likely to raise concerns for D&O insurers and their insureds.
Video: the IBM-Fujitsu dispute — how do an exclusion clause and a workshare arrangement co-exist? download
David Clark from IBB Solicitors talks about Fujitsu Services v IBM, which emphasises the need for commercial contracts to be carefully drafted.
MiFID II and SME growth markets: a new category of markets to facilitate access to capital for SMEs download
The Level 2 process for MiFID 2 and MiFIR (together MiFID II), which are expected to come into force by the beginning of 2017, is under way.
A team of specialists advises listed companies and their shareholders on corporate and securities law as well as corporate governance.
Following the continued tensions in Ukraine and Russia’s suspected military involvement, the EU has imposed new sanctions against Russia.
Larger companies and non-public-sector organisations will be required to carry out mandatory energy-saving assessments.
A risk management framework should look at dependence on key suppliers or joint venture partners.
Outer Temple Chambers has welcomed Tim Green, a specialist regulatory barrister, to its commercial team.
The European Commission is carrying out a review of the Commercial Agents Directive.
The decision in Soufflet Negoce SA v Fedcominvest Europe SARL provides helpful guidance on the construction of the ‘Notices’ provision in GAFTA 64.
Walker Morris has teamed up with thebusinessdesk.com and Sheffield Hallam University to publish the Yorkshire Tourism supplement.
Shoosmiths has advised Palatine Private Equity and Bridgepoint Development Capital on the successful exit of their investment in Hallmark Hotels Group.
Adam Aldred, formerly of Addleshaw Goddard, has accepted an invitation to join Kings Chambers.
More than 100 representatives from companies in Serbia attended a business briefing organised Karanovic & Nikolic on 1 August.
DLA Piper has announced that Geoffrey M Ossias has joined the firm’s corporate and finance practice as a partner in the Phoenix office.
We have extensive experience and expertise in dealing with complex domestic and cross-border transactions. We act on major deals as well as on smaller transactions.
DLA Piper has advised GE Capital International and Ares Management on the provision of a £113.5m unitranche facility to refinance Hillarys.
Our white-collar crime team defends individuals and companies in complex criminal matters and represents victims of frauds and other wrongdoings in asset-tracing cases before criminal law authorities.
This client update contains an analysis of the policy issues arising from the current situation in Ukraine.
The Korean Ministry of Justice has awarded Stephenson Harwood a licence to practice in Seoul, South Korea.
It is too early to administer last rites to the ‘restitution/disgorgement defence’, but a compelling opinionsuggests that its expanding use has been severely curtailed.
Ilyashev & Partners has said that the Ministry of Industrial Policy illegally appointing a new interim CEO of Antonov is ‘absolutely and totally illegal’.
The High Court recently upheld a so-called ‘tail gunner’ clause, entitling an adviser to a substantial success fee even though their engagement had been terminated.
This briefing considers whether there may be a risk that the decisions of port authorities could be challenged by judicial review proceedings.
Russia sanctions update download
The Council of the European Union has concluded on the new designation criteria for sanctions on natural and legal persons concerning the situation in Ukraine.
This briefing sets out the three key areas that are likely to affect the financial services sector to the greatest extent.
Robin Johnson, partner and head of diversified industrials at Eversheds, has commented on the latest UK industrial production figures.
Schoenherr has advised Ashland on the Austrian aspects related to the sale of its global water technologies business to private equity fund CD&R.
Walker Morris has been shortlisted for the 2014 Yorkshire Legal — Corporate and Commercial Award.
The Groceries Code Adjudicator was established to investigate whether a ‘designated retailer’ has breached the Groceries Supply Code of Conduct.
We’re now almost two years on from when Fees for Intervention (FFI) was introduced by the Health and Safety Executive (HSE).
DLA Piper has announced that Mark Roppel has joined the firm’s corporate and finance group as a partner in New York.
Dacheng attorneys have advised three companies on their successful listings on the National Equities Exchange and Quotations (NEEQ) system.
Dacheng has advised Jiangxi HDJ Information Technology Co on its successful listing on the National Equities Exchange and Quotations (NEEQ) system.
Henan Taiping Boar-Breeding, advised by Dacheng, has been issued with a notice of acceptance on its filing of a 2014 SME private placement bond issue by SSE.
Dacheng has advised Hunan Shiyou Electric Co on its successful listing on the National Equities Exchange and Quotations (NEEQ) system.
The European Union has recently agreed to an additional, higher level of sanctions against Russia.
On 29 May 2014, the Pension Protection Fund published ‘Consultation on the second PPF Levy Triennium — 2015–16 to 2017–18’.
Trustpower has emerged as the successful bidder for a suite of green power assets of the New South Wales government.
A trip time charter was entered into. The vessel was registered in Panama and managed by a company registered in Greece.
There is building momentum for the federal government to change laws that currently apply to employee share schemes.
In June 2014, MOFCOM and SAFE promulgated the Circular Concerning Improvement of Filing Process for Foreign Invested Real Estate Enterprises.
The use of time-bar clauses in standard form EPC contracts is common.
Ireland is set to reform several key provisions that govern its merger control regime after the Competition and Consumer Protection Bill 2014 was signed by the president.
On 19 June 2014, ISDA published a standard form amendment to the ISDA Master Agreement.
EU member states are being encouraged to improve protection for small food producers and retailers against the unfair practices of their sometimes much larger trading partners.
Alastair Harris, payment expert at Eversheds, has commented on SEPA payment regulations becoming fully operational in all eurozone countries.
The general counsel of the National Labor Relations Board has directed the issuance of complaints in 43 unfair labour practice cases.
The Canadian government recently introduced a bill that contained the most significant changes to Canada’s trademark laws in modern history.
Conyers Dill & Pearman has provided BVI and Cayman advice to China Hongqiao Group in connection with the issue of 7.625 per cent senior notes.
Protected cell companies in Guernsey download
This briefing describes the features of a protected cell company and summarises the formation, structure and the liquidation procedures particular to this type of company.
This article summarises the legal framework underpinning Guernsey’s successful and diverse insurance sector.
This briefing describes the features of an incorporated cell company and summarises the formation, structure and liquidation procedures particular to this type of company.
Ogier Legal in Jersey has acted for Moorfield Real Estate Fund II and SEGRO.
Lesley Anderson QC of Kings Chambers has recently visited Hong Kong.
Khaitan & Co has advised Somany Foam in relation to a business transfer agreement with Godrej & Boyce Manufacturing Company.
Eversheds has commented on the decision to fold the consideration of reform to the business rates appeals process into the broader review of business rates administration.
According to Eversheds, the advent of driverless cars on UK public roads will make accident diagnosis increasingly difficult.
DLA Piper has advised long-term client Rolta India on a high-yield bond offering. The company issued 8.875 per cent senior notes through its wholly owned subsidiary.
Dacheng’s Beijing-based partner Deng Zhisong has been interviewed by Economic News, a CCTV-2 programme on the antitrust investigation into Qualcomm.
Dacheng has advised Hefei Ecolite Information Technology on its listing on the National Equities Exchange and Quotations (NEEQ) system.
A team led by Dacheng attorneys Peng Xuefeng and Xiao Ling has represented a Chinese conglomerate in the acquisition of four wind farms from Ralls.
Dacheng has advised Hunan Changxin Changzhong Technology Co on its listing on the National Equities Exchange and Quotations (NEEQ) system.
Dacheng’s Xiamen-based Zhang Haiyong has been retained as defence lawyer for Li, the legal representative of a Xiamen-based industrial company.
Kazakhstan — law and practice download
Kazakhstan is a unitary state, and every piece of legislation adopted by relevant bodies of the state applies within its entire territory.
Accountability — July 2014: expert witnesses must disclose all potential conflicts of interest; and more download
Accountability highlights the legal and industry news affecting accountants and other professionals on a range of liability risk management issues.
Whether a bribe or secret commission obtained by an agent is held by the agent on trust for his principal was recently considered by the Supreme Court.
The government is seeking views on implementing enhanced powers to ensure the continuity of the supply of essential services to insolvent businesses and individuals.
The revised competition regime for technology transfer agreements and its impact on high-tech SMEs download
In March 2014, the European Commission adopted a revised competition regime for technology transfer agreements.
LK Shields Solicitors’ financial services team discusses a new form of Irish corporate fund structure, as proposed by the Irish minister for finance.
Servier and other French pharmaceutical manufacturers have received fines for conspiring to keep generic medicines off the market.
The Irish Commercial Court has handed down judgment in Holloway and Others v Damianus BV and Others — otherwise known as the Omega Pharma case.
Emmet Scully discusses shareholders’ agreements with a particular emphasis on private companies limited by shares.
Umbrella pricing download
This article examines the availability of ‘umbrella pricing’ theories to claimants seeking compensation for damages from cartel members in civil damage actions.
European Commission fines Servier and five generic companies for curbing entry of cheaper versions of cardiovascular medicine download
The European Commission has imposed fines totalling €427.7m on the French pharmaceutical company Servier and five producers of generic medicines.
The European Commission has produced a white paper setting out proposals to improve and extend European Union merger control.
In a recent case, the Scottish Court of Session reiterated the importance of acting consistently with agreed procedures for making a demand under a performance bond.
A new EU regulation on the provision of food information to consumers consolidates and updates two areas of labelling legislation into a single text.
The number of prosecutions that the HSE takes each year as a consequence of injuries caused by inadequate guarding remains astonishing.
The government has recently announced that it will remove the £5,000 upper limit on fines imposed in the magistrates’ courts.
Dentons’ Adam Pierce explains the extent to which implied terms may limit a lender’s discretions, with particular focus on some recent cases.
NCTM Studio Legale Associato has advised Messaggerie Italiane on a joint venture agreement with Effe 2005 — Finanziaria Feltrinelli.
This article takes a closer look at the implications of paying an FFI and, in doing so, suggests that a more robust response to the regulator is often warranted.
Transfer pricing court cases download
A series of tax disputes involving Russian automotive market distributors is currently before the commercial courts.
Shale Round takes shape download
The government has published the application criteria for the 14th Onshore Petroleum Exploration Development Licence (PEDL) Round.
De-registration of Cayman Islands exempted limited partnerships being continued in a foreign jurisdiction download
This memorandum has been prepared for those who are considering the process of de-registering a Cayman Islands exempted limited partnership to a foreign jurisdiction.
Grata Law Firm has appointed Andrei Soukhomlinov as the managing partner and head of the firm’s Moscow office.
NCTM has advised IBM International Group, the Dutch subsidiary of IBM, on the acquisition of the entire share capital of CrossIdeas.
NCTM and Linklaters have advised on the acquisition by Domo Chemicals of CFP Flexible Packaging from Bridgepoint.
Investigations — look who’s talking? download
E-discovery isn’t just about litigation anymore. Those involved in all sorts of investigations are realising the benefit of using powerful technology and processes.
Yana Dianova of GRATA took part in the meeting of the Expert Council for Competition Promotion in Social Sphere and Health?are.
The new provisions of the EU Directive on consumer rights have entered into force. They include several changes you should be aware of in order to ensure your business remains compliant.
Insolvency litigation briefing — July 2014: report and review on the latest cases and issues download
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
A developer can commit the offence of ‘knowingly permitting’ the deposit of waste by its contractor, despite having no knowledge that the deposit was in breach of an environmental permit.
Using words to battle cyber losses download
Words matter when it comes to cyber security, says Pillsbury’s Brian E Finch.
NCTM has represented BD Group Industries — a worldwide energy solutions provider — in the acquisition of a majority stake in Sagemis International.
This paper outlines the key benefits of multi-sourcing, the challenges and risks and the options available to customers to manage these risks.
Mobile payments has been heralded as a growth area in technology, retail and financial services for some time now.
DLA Piper has represented CGI Windows & Doors Holdings, a manufacturer of hurricane-impact-resistant windows and doors, in the sale of its business to PGT.
Ring-fencing — the detail download
UK banks are now required to ring-fence their retail activities from wholesale and investment banking by protecting the provision of core banking services to retail and SME depositors.
The ATO has issued a new goods and services tax (GST) determination, GSTD 2014/3, relating to GST and rental guarantee arrangements.
HR managers have to deal with a range of challenging situations, but senior executive hiring remains an area that is particularly fraught.
Wragge Lawrence Graham & Co has over the past three months acted on seven high-profile transactions that have raised more than £700m in aggregate.
Khaitan & Co has advised Aditya Birla Nuvo and its subsidiary ABNL IT & ITeS in relation to divestment of their entire shareholding in Aditya Birla Minacs Worldwide.
DLA Piper has announced that Rich Greenstein has been named chair of the firm’s US franchise and distribution practice.
DLA Piper has advised Oando on the $1.65bn acquisition of ConocoPhillips’ offshore and onshore assets in Nigeria and the multi-source financing.
In-house legal teams expect to be larger and in control of bigger budgets next year according to new research revealing a 60 per cent rise in headcount in EMEA in-house teams since 2010.
The recent major cabinet reshuffle sees Matthew Hancock replacing Michael Fallon as the new business and energy minister.
Khaitan & Co has advised E2open on all Indian-law-related aspects in relation to its acquisition of Serus Corporation USA for up to $26m.
Currently, users of the Companies House portal are required to pay to view and download certain company documents.
Eversheds’ Simon Waller has commented on news from the Insolvency Service that company liquidations in England and Wales decreased in April and June 2014.
Wragge’s automotive specialists and Prof David Bailey consider the future of product recalls and what they may mean for the automotive sector in the US and the UK.
DLA Piper has announced that Shane Albright has joined the firm’s corporate and finance practice as a partner in the Silicon Valley office.
Addleshaw Goddard’s Manchester M&A team has acted on key north-west deals totalling more than £860m in the last three weeks alone.
The judgment in Bluewater Energy Services BV v Mercon Steel Structure BV & Others highlights how complex and wide ranging such contractual disputes can be.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014.
The Mannai case in 1997 made it clear that substantial compliance with a break notice was not sufficient; both the formal and the substantial elements must be adhered to.
Martin Retail Group Ltd v Crawley Borough Council: the Competition Act 1998 ‘lands’ a council with a problem
The Central London County Court has ruled that a restriction on use in a lease breaches the Chapter I prohibition of the Competition Act 1998.
In Chandler v Cape, it was held that a parent company owed a direct duty of care to an employee of a subsidiary who contracted asbestosis.
On 29 May 2014, the Tax Court decided another transferee liability case in favour of the taxpayers. See Swords Trust v Commissioner.
Addleshaw Goddard has advised Brighton University on its latest expansion with the acquisition of the Preston Barracks site in Lewes Road, Brighton.
The Prudential Insurance Company of America recently completed a large longevity risk transfer transaction, having reinsured longevity risk of the BT Pension Scheme.
Shoosmiths has acted for KBC Advanced Technologies in a multi-million-pound acquisition. KBC has purchased FEESA for a value of £11.2m.
DLA Piper has advised the Australian Department of Defence on the completion of a AUD264m contract for hardware and software services with IBM.
The CMA is consulting on a provisional decision to refer the market for the supply of retail banking services to PCA customers and to SMEs for a phase II market investigation.
Most businesses are now aware that all breaches of health and safety legislation are treated extremely seriously by the courts.
There were some very clear and succinct messages to emerge from the keynote addresses at the inaugural Made in the UK Conferences & Exhibition.
Michael Hughes reports on the decision of Justice Davies in the Federal Court of Australia refusing ASIC’s application to remove liquidators appointed to two companies.
Khaitan & Co has advised Rexam on the India leg of the transaction in relation to sale of its containers and closures division of its healthcare business to Berry Plastics Group.
The EU Commission has imposed a fine of €20m on Marine Harvest for failing to notify the commission of its acquisition of de facto sole control over Morpol ASA.
On 16 July 2014, the US Treasury Department’s Office of Foreign Assets Control unveiled new Ukraine-related sanctions.
7KBW has announced that Clive Freedman QC (formerly of Littleton Chambers, Temple) will be joining Chambers with effect from 18 August 2014.
The High Court has found numerous Newzbin defendants liable for copyright infringement and conspiracy to injure by unlawful means.
An unqualified consumer relations officer can only be employed until the 31 July 2014 at the latest.
The two cases discussed in this briefing concern opposition to lease renewals on the grounds of the tenant’s breach of covenant.
DLA Piper has advised long-standing client Investa Commercial Property Fund on its full acquisition of the Maritime Trade Tower at 201 Kent Street, Sydney.
InCredit — July 2014: Small Business, Enterprise and Employment Bill 2014–15; ring-fencing update; and more download
Addleshaw Goddard has released the 7 July 2014 issue of its InCredit publication.
Allen & Overy has advised 21st Century Fox on its sale of Sky Italia and its 57.4 per cent stake in Sky Deutschland to BSkyB for a total consideration of $9.3bn.
DLA Piper has represented Clarion Partners in its sale of LMF Frisa Comercial, a commercial real-estate joint venture, to partner Frisa.
Wragge Lawrence Graham & Co has announced the results of its legacy firms Wragge & Co and Lawrence Graham for the financial year to 30 April 2014.
This briefing deals with a repeal of the provisions of the Income Tax Law regarding the retroactive taxation of receipt from dividends and profit sharing.
SAFE has announced reforms to its foreign exchange administration in order to make it easier for Chinese individuals and companies to invest abroad.
On 24 June 2014, Governmental Decree no. 91/2014 (the so-called ‘Competitiveness Decree’) was published in the Italian Official Gazette.
Is an agreement to have ‘friendly discussions’ before going to arbitration or litigation enforceable? (It can be...)
In Emirates Trading Agency v Prime Mineral Exports, the court had to examine the dispute resolution procedures agreed by the parties in their contract.
In Kruppa v Benedetti & Anor, the claimant started court proceedings but the defendant argued there was a valid agreement to arbitrate.
There should be a market investigation into the markets for banking services for SMEs and the supply of personal current accounts, according to the CMA.
Shoosmiths has worked with longstanding client Scanlans Property Management to recover more than £4m of service charges and ground rent for its clients throughout the UK.
Khaitan & Co has advised Meiji Seika Pharma Co in relation to its acquisition of Medreich India and its subsidiaries.
The standard JCT forms of contract include provisions relating to defects that come to light during the rectification period.
Earlier this month, frozen food retailer Iceland Foods announced that it had refinanced its existing debt with a high-yield bond issue and a super-senior revolving credit facility.
One of the most attractive features of doing business in the Netherlands is the possibility of obtaining an advance tax ruling (ATR) and/or advance pricing agreement (APA).
Conyers has provided Bermuda and BVI legal advice to Global Brands Group Holding on its listing by introduction on the Hong Kong Stock Exchange.
Conyers Dill & Pearman provided Cayman and BVI legal advice to Jinmao (China) Investments Holdings Ltd on its $500m IPO.
Allen & Overy has advised Iceland Foods on its £950m high-yield bond, the largest sterling denominated high-yield bond issuance of 2014.
ESMA has published two consultation documents to gather comments from market actors on the technical advice ESMA is to give to the European Commission.
Stephenson Harwood has appointed Salem Chalabi as a partner in its Dubai office.
Shoosmiths has grown its real-estate team in Birmingham with the appointment of senior associate Brian Hession.
Nabarro has advised Swedish engineering company Indutrade on four strategically significant acquisitions.
Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Having remained fairly static for about 20 years, data protection laws in Europe are on the cusp of their next major overhaul.
Corporate liability: the Italian Supreme Court extends the scope of application of Legislative Decree No. 231/2001 download
The Italian Supreme Court has reconsidered the possibility of applying Legislative Decree No. 231/2001 to the so-called target offences of a criminal organisation.
DLA Piper has represented the underwriters for Trupanion, a medical coverage provider for pets, in its $82m initial public offering on the NYSE.
In a move widely seen as inevitable, the NYDFS has released draft regulations for the establishment of a ‘BitLicense’ to govern virtual currency financial services.
A new directive in the EU is set to assist franchisors and franchisees who own confidential business information (such as trade secrets and know-how).
On 11 July 2014, Ernest Borel Holdings, advised by Dacheng, was successfully launched on the main board of the Hong Kong Stock Exchange (SEHK).
Are you ready? The Insurance Bill and the Third Parties (Rights against Insurers) Act 2010 may soon become law download
The Insurance Bill, which makes potentially significant changes to the law relating to business insurance, was introduced into Parliament on 17 July 2014.
Khaitan & Co has advised Weener Plastik (‘WEENER’), Germany, in relation to a 100 per cent acquisition of Weener Empire Plastics.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.
Robin Johnson, head of diversified industrials at Eversheds, has commented on the CBI Industrial Trends figures.
Competition regulators maintain vigilance on combating cartels and facilitating a healthy global business environment download
Regulators around the world remain focused on the impact of cartels on business, and the Australian Competition and Consumer Commission is no exception.
Eversheds senior associate Muhammad Anum Saleem has commented on the opening of the Saudi Arabian stock market.
DLA Piper has represented TubeMogul, an enterprise software company for digital branding, in its $43.8m IPO on the Nasdaq Global Select Market.
Conyers Dill & Pearman has provided advice to Koradior Holdings Ltd on its $72m offering and listing of shares on the main board of the Hong Kong Stock Exchange.
The Manchester office of Addleshaw Goddard has advised The Hut Group on a significant investment in group by a consortium led by KKR.
Allen & Overy has advised Imperial Tobacco on its acquisition of the US Winston, Kool, Salem and Maverick tobacco cigarette brands and the US/UK blu e-cigarette brand.
Walker Morris’s David Hinchliffe has been named Sports Lawyer of the Year at Finance Monthly’s Law Awards.
Schoenherr has advised Rasperia Trading on its exercise of a call option to purchase shares and increase its shareholding in Vienna Stock Exchange-listed STRABAG.
Khaitan & Co has advised Mizuho Bank in relation to an external commercial borrowing of $250m granted to Oil India for funding its domestic capital expenditure requirements.
Gillian Duffy has joined Schillings as a senior associate, making her the latest addition to join the firm’s expanding reputation defence practice.
The special asset management scheme administered by Wanjia Gongying Assets Management Co has successfully raised RMB100m.
A Dacheng team led by senior partner Jiang Rongqing has been retained as standing legal counsel for HYDROCHINA Corporation.
On 11 July 2014, Hanbo Enterprises Holdings was listed on the Main Board of the Hong Kong Stock Exchange. Zhang Guozhi was invited to the listing ceremony.
Bribe and prejudice — Supreme Court decision on bribes or secret commissions received by fiduciaries download
The Supreme Court’s recent judgment clarifies the treatment of bribes or secret commissions received by agents or those in fiduciary positions.
Do cyber attacks affect share price? download
It’s often suggested that a cyber breach can devastate share price. But is this right?
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
A Dacheng team led by senior partner Jiang Rongqing has been retained as standing legal counsel for HYDROCHINA International Engineering Co.
Anhui Hubin Architecture Company has successfully filed its planned issuance of SME private placement bonds for 2014 with the Shanghai Stock Exchange.
Peng Xuefeng, chairman of Dacheng, has travelled to Portugal, Finland and Sweden to introduce the investment environment in China and relevant legal issues.
In an LMAA charterparty dispute between Sun United and Kasteli, owners’ claims had been secured by money paid into an escrow account in the name of charterers’ solicitors.
Admiral Mike Rogers, the new leader of the National Security Agency and Cyber Command, certainly has taken a different approach from his predecessor.
CSSF has received a total number of 773 applications submitted according to the law of 12 July 2013 on alternative investment fund managers (AIFMs).
Partner and head of real estate
Partner and head of intellectual property
Partner and head of employment
Partner and head of real-estate disputes
Partner and head of corporate/commercial
Partner and head of financial disputes
Partner and head of dispute resolution
From 1 June 2014, GAFTA standard form contracts have adopted new provisions relating to force majeure events.
Serbia: seconding Austrian nationals to work in Serbia and applying the Double Taxation Treaty between the two countries download
It is commonplace for foreign companies active in Serbia, including Austrian firms, to second their employees to the country via their affiliates or business partners.
Ince & Co has worked with Jefferies in advising a group of ship owners with vessels on long-term charter to Israeli box line ZIM on its $3bn restructuring.
Getting it right: how to make a successful application for the appointment of provisional liquidators download
The main job of a judge is to determine and uphold rights of property ownership, so applications to appoint provisional liquidators tend to go against the judicial grain.
Gambling on title download
A thorny issue in administrations, and liquidations for that matter, is the question of retention of title.
Schoenherr has represented Carso Telecom, a wholly owned subsidiary of the América Móvil group, in its successful public takeover offer of Telekom Austria.
You’re finally lying by the pool and your phone rings. It’s the office and they need you to sign some urgent documents.
Since September 2013, employee shareholder agreements have enabled companies to introduce a new type of employment status into their workforce.
Corporate real-estate specialist Stewart Womersley has joined Addleshaw Goddard’s London corporate team, from Nabarro, as a partner.
GRATA Law Firm’s Eldar Ziatdinov has spoken at a seminar entitled ‘Ways to effectively conduct business with Kazakhstan: secrets of success’.
Tips for affiliate marketing download
Affiliate marketing is the term given to marketing whereby a supplier puts adverts for its products or services on a third party’s website.
Law No. 23/2013 regarding the Customs Code of Senegal was adopted by the National Assembly of the Republic of Senegal in February 2014.
The EU Consumer Rights Directive required businesses across the EU to comply with its requirements from 13 June 2014.
Germany: Federal Cartel Office and courts make Adidas, ASICS and Casio drop ban on online marketplaces download
Renowned brands Adidas, ASICS and Casio must allow their approved resellers to use internet auction sites and online marketplaces to resell their goods.
DLA Piper has acted for Greencoat UK Wind on the acquisition of Maerdy Wind Farm, an operational wind farm project in Wales.
Stephenson Harwood has advised Cofely on its purchase of Lend Lease’s UK facilities management business.
Allen & Overy has advised the joint lead managers and bookrunners on the issuance of $1.5bn and €525m bonds by ONGC Videsh.
Employment Update: summer 2014 — restrictive covenants; whistleblowing Q&A; fiduciary duties; and more download
Bates Wells Braithwaite has published its Employment Update for summer 2014.
In June 2014, Gerda Diniute, senior associate at Eversheds Saladžius, participated in the Nordic Baltic Region Steering Committee Meeting in Helsinki.
Shoosmiths’ Adam Dowdney has advised the shareholders of Softbox Systems on the strategic majority investment by US private equity firm Great Point Partners.
Midlands-based Shakespeares has divided a £700,000 bonus pool between 661 staff after hitting a £50m revenue target set by chief executive Paul Wilson.
Gateley has made promotions in numerous practice areas. They include seven promotions to associate, seven to senior associate and two to legal director.
KKR has agreed to acquire a 49 per cent stake in Ringier’s subsidiaries Scout24 Schweiz and Omnimedia. Bär & Karrer is acting as legal adviser to KKR.
DLA Piper has advised UBM Realitätenentwicklung Aktiengesellschaft on the successful placement of a €160m corporate bond.
The rapid rise in shipping container traffic in sub-Saharan Africa over the past two decades underlines the lucrative opportunities for businesses on the continent.
Grey practices tend to fuel fraud and corruption that can pose serious legal, commercial and reputational risks to companies that are not alert to the dangers.
The summer edition of Eversheds’ UK Pensions Agenda is out. It summarises 10 key issues affecting UK pension plans and plan sponsors.
Shoosmiths looks at what it could mean for UK businesses if Scotland decides to become an independent country.
In RiskMap 2014, Control Risks forecasts the major challenges and opportunities of doing business in the world’s most complex environments next year.
Latin American ports have received their fair share of bad press in recent years.
Eversheds has advised the Department for Transport on the new Essex Thameside franchise, which has been awarded to the current operator c2c.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
The latest action to be taken by the competition authorities is the public consultation on the provisional decision by the CMA on PCAs and banking services to SMEs.
International industrial and manufacturing businesses that have Italian businesses or subsidiaries with banking facilities in Italy should be aware of recent Italian tax changes.
All commercial companies incorporated in the DRC prior to its entry into force are required to update their articles of association/bylaws.
DKF and Wierzbowski Eversheds defence and security networking meeting: discussion of the new Offset Act download
The new Offset Act was signed into law by the president of Poland on 7 July 2014 and will come into force 14 days after publication in the Journal of Laws.
Measures to improve the business climate in Benin have been taken, which relate to business creation, licensing, cross-border trade, enforcement of contracts and more.
The Commission de Surveillance du Secteur Financier (CSSF) circular 14/587 was issued on 11 July 2014.
A long-anticipated overhaul of the Cayman Islands Exempted Limited Partnership Law was enacted on 2 July 2014. This article summarises the key changes.
Wragge Lawrence Graham & Co’s public law and regulation expert Ravi Randhawa has been promoted to the role of legal director.
The Federal Circuit Court of Australia imposed fines on a company totalling AUD313,500 for sham contracting and related contraventions of the Fair Work Act 2009.
As foreshadowed by the coalition government earlier this year, penalties for breach of the Franchising Code of Conduct are to be introduced.
Andrew Corletto has joined Minter Ellison SA/NT as a partner. Corletto is an experienced corporate, energy and resources lawyer with more than 25 years in practice.
The third consecutive Summit 100 recently took place in Cavtat, Croatia. Dragan Karanovic, managing partner at Karanovic & Nikolic, attended the event.
Gateley has promoted commercial dispute resolution lawyer Claire Herbert to associate. Herbert works between Leicester and London.
DLA Piper has represented cloud mitigation company Racemi in a $10m investment deal.
Bär & Karrer has acted as legal transaction counsel to Banque Cantonale de Genève and the joint lead managers on the bond issuance and placement.
Eversheds has won the European Outsourcing Advisory of the Year award at the European Outsourcing Association (EOA) Awards.
Eversheds has commented on announcements regarding India’s budget for growth.
Many landlords hold their properties personally. This means that income received on rental properties is charged at income tax rates of up to 45 per cent.
Stephenson Harwood has advised Acadia Healthcare Company, provider of inpatient behavioural healthcare facilities, on an agreement to acquire Partnerships in Care.
Food and drink businesses that have headquarters in Switzerland or commissionaire arrangements are likely to be affected by the changes.
Formal, court-driven restructuring proceedings are available into Luxembourg law, but for practical reasons, these are rarely used in practice.
Bill of law no. 6625, which will substantially change the legal regime applicable to bearer shares issued by a Luxembourg company, was adopted on 16 July 2014.
Gateley has advised on the sale of retail development site Albion Place in Skipton town centre to independent fund management business Mayfair Capital.
No5 Chambers barrister Paul Marshall recently moderated at IBC Legal’s recent forum on anti-money laundering and compliance.
Ogier has advised R&R Ice Cream on the Jersey aspects of its acquisition of Peters Food Group in Australia for an enterprise value of AUD440m.
In Schroder Exempt Property Unit Trust v Birmingham City Council, the tenant went into liquidation and ceased to occupy the property. The liquidator then disclaimed all interest in the lease.
Allen & Overy has advised Samena Capital on the acquisition of 30.58 per cent of the share capital of RAK Ceramics PJSC from His Highness Sheikh Saud Bin Saqr Al Qassimi.
DLA Piper has appointed Liam Prescott as partner in its litigation and regulatory group, based in Brisbane, effective 14 July 2014.
Addleshaw Goddard advised new client ClearStar on its admission to trading on the Alternative Investment Market (AIM), effective from 11 July 2014.
The Court of Appeal has provided useful guidance as to when a landlord may justifiably oppose a tenant’s lease renewal under the Landlord and Tenant Act 1954.
Two senior lawyers from Eversheds recently spoke at Practical Law’s inaugural Retail Law Forum.
The recovery in global M&A markets is developing a broader base, according to Allen & Overy’s latest M&A Index.
Wragge Lawrence Graham & Co has helped negotiate a significant extension to an existing high-profile agreement between eBay and Argos.
Walker Morris has advised nominated adviser and broker WH Ireland in connection with the placing of shares in Software Radio Technology on AIM.
Under the English Arbitration Act 1996, the grounds on which an English arbitration award can be challenged in court are very