Americas

Headlines

Courts in 39 American states still admit the “gay-panic” defence

DANIEL SPENCER was a quiet, 32-year-old film editor who had recently moved to Austin, Texas from Los Angeles. He was also gay. In 2015 his neighbour, James Miller, stabbed him to death. The case was harrowing. But a legal quirk uncovered during the trial made it even worse. Mr Miller introduced the “gay-panic” defence in court, arguing that at some...

Venezuela’s regime will win the legislative election, by a lot

“WE ARE going to rescue the National Assembly,” sing Chucho y Omar Acedo, a pop duo hired by the Venezuelan regime to drum up enthusiasm for the forthcoming parliamentary election. Their catchy ode to the government, broadcast repeatedly on state media, makes it seem simple. “A future with greatness is arriving ...Happiness and hope are returning,”...

The end of the embarrassment

APPALLING AS IT has been to witness an American president try to steal an election, Donald Trump’s efforts have amounted to less than the best-informed prognosticators feared. Back in June a bipartisan group of over 100 political operatives and scholars, gathered by the Election Integrity Project, war-gamed the aftermath of four scenarios: an unclear...

A book on transitioning girls is denounced as transphobic

A TEENAGE GIRL who decides to alter her body so that it resembles a boy’s commits herself to a lifetime of medical treatments. “Top surgery”—a double mastectomy—is a major operation. She must take regular, large doses of testosterone. This may increase her chance of developing heart problems. It also causes the uterus to atrophy, often painfully,...

The “gay-panic” defence remains legally admissible in 39 American states

DANIEL SPENCER was a quiet, 32-year-old film editor who had recently moved to Austin, Texas from Los Angeles. He was also gay. In 2015 his neighbour, James Miller, stabbed him to death. The case was harrowing. But a legal quirk uncovered during the trial made it even worse. Mr Miller introduced the “gay-panic” defence in court, arguing that at some...

Finance

Pendo Systems name Ruth Wandhöfer, a globally recognized banking expert, to their Board of Directors

Pendo Systems is proud to announce that Ruth Wandhöfer, Global Head of Regulatory and Market Strategy at Citi, has joined their board. Ms. Wandhöfer is a banking regulatory expert and one of the foremost authorities on transaction banking regulatory matters. Her reputation has been built around her ability to drive regulatory and industry dialogue...

Implications of the money laundering law reform

The amendment to the money laundering law approved in the first debate requires accountants, lawyers and real estate agents to report suspicious transactions made by their clients.Bill 19.951 reforming the Law on Narcotic Drugs, Psychotropic Substances, Drugs of Unauthorized Use, Related Activities, Legalization of Capital and Financing of Terrorism...

Wall Street finishes flat ahead of earnings season, key US-China meeting

It was a fairly flat session on Wall Street overnight, as investors exercised caution ahead of the first-quarter earnings season and a meeting between the US and Chinese presidents later this week. Investors will be focussed on the potentially tense meeting between Donald Trump and Xi Jinping on Thursday and Friday, after Mr Trump held out the possibility...

GLC Advisors Strengthens Advisory and M&A Expertise with Addition of Senior Bankers

Addition of Several Industry Bankers Including Former St. Charles Capital Professionals Deepens Firm’s Expertise and Relationships Across Technology, FIG, Consumer, Retail and Energy IndustriesGLC Advisors & Co., LLC (“GLC Advisors”) is pleased to welcome nine seasoned M&A professionals, including former Partners and professionals of Denver based...

Columbia Threadneedle opens office in Chile

Columbia Threadneedle Investments has opened its first Latin American office in Santiago, Chile. As its first proprietary distribution hub for the Andes (Chile, Peru and Colombia), the new office will serve the asset manager’s institutional and wholesale clients in the region. Columbia Threadneedle has also appointed Santiago Zarauza Riestra...

Legal

Goodwill Hunting: The Value, Protections and Role of Intangible Assets in M&A Transactions

We have previously discussed goodwill as a distinct asset in purchase agreements.  In this post, we explore the growing value of goodwill and other intangible assets in mergers and acquisitions (M&A) and the legal issues parties should consider when seeking to value, protect and exploit these assets. Intangible assets are often the most significant...

Digital Taxation – Novel Considerations in M&A Transactions

Digital taxes have become a subject of significant debate in recent years. Following allegations that tech giants have paid very little tax anywhere in the world, some countries have moved to impose new taxes on profits derived from digital services provided by multinational enterprises on a jurisdiction-specific basis. For instance, France recently...

Proposed Amendments to Ontario’s Business Corporations Act: Relaxed Corporate Governance Requirements May Make Ontario an Attractive Jurisdiction

On October 6, 2020, the Government of Ontario introduced Bill 213, Better for People, Smarter for Business Act, 2020 (“Bill 213”) to support the province’s economic recovery and reduce barriers to doing business in Ontario. If it passes, Bill 213 would bring important changes to the Ontario Business Corporations Act (“OBCA”) that, among other...

Post-Closing Adjustments

Previously, we wrote about the use of earn-outs as a means by which buyers mitigate the risk of a target’s post-closing under-performance by holding back part of the purchase price and paying it out as the target meets certain financial targets.  In this post, we examine a related topic that is often confused with earn-outs...… Continue reading The...

The Dynamic Duo: Cyber-security and Due Diligence during the COVID-19 Pandemic

The widespread impact of the COVID-19 pandemic (“pandemic”) continues to highlight the several ways in which M&A transactions have had to adapt to changing times, particularly by ramping up cyber-security measures in a digital world. Prior to the pandemic, there already existed a shift towards cyber-security due diligence since many businesses...

Deals

PIMJ will change its name to PGIM Japan Co

Prudential Investment Management Japan Co. Ltd will rebrand to PGIM Japan Co. The name change takes effect on October 1, 2017. Prudential first opened its Tokyo office in 1998. Read More

JPMorgan, Goldman Sachs top Canadian M&A rankings as activity rises: Reuters

Canadian mergers and acquisitions got off to their strongest start in 17 years in 2017 as cross-border deal activity picked up pace, with JPMorgan, Goldman Sachs and RBC taking the top three spots in the advisory rankings, Reuters reported. Foreign banks further consolidated their position in Canadian deal-making as companies looked beyond borders for...

Dyal Capital buys minority stake in credit investor Sound Point: Reuters

Dyal Capital Partners, the Neuberger Berman Group unit that takes minority stakes in hedge and private equity fund firms, has bought into credit investor Sound Point Capital LP, Reuters reported. Read More

PE-backed Cross MediaWorks launches One2oneMedia

Cross MediaWorks, a portfolio company of Lee Equity Partners LLC, has formed One2oneMedia. No financial terms were disclosed. One2onemedia will provide an addressable video business for agencies and advertisers in partnership with Multichannel Video Programming Distributors. Read More

Volatility drives Canadian companies to unload non-core assets: EY

Canadian companies are looking to sell non-core assets as a result of macroeconomic volatility, according to a new study by Ernst & Young (EY). A survey conducted for EY's 2017 Corporate Divestment Study found 73 percent of respondents were likely to pursue divestment strategies. Once divested, 51 percent reported the initiative led to valuations...

Acq Lite

Eni deal a testament to Abu Dhabi's attraction

March 12 (UPI) -- In what's nearly a $1 billion commitment, Italian energy company Eni said it made its Emirati debut in an agreement with the Abu Dhabi National Oil Company.Eni signed agreements to acquire minority shares in the Lower Zakum, Umm Shaif and Nasr offshore fields from state-run ADNOC for a total fee of $875 million."The stakes in the two...

Statoil using mega-rig to tap frontier North Sea area

March 12 (UPI) -- Norwegian energy company Statoil will move a deepwater drilling rig to the North Sea to tap a prospect awarded more than 30 years ago, a regulator said Monday.The Norwegian Petroleum Directorate gave Statoil consent to move the Deepsea Atlantic drilling rig to a section of the North Sea to tap into a prospect awarded to the company...

German green energy segment Innogy divvied up

March 12 (UPI) -- German utility company E.ON is now in control of the renewable energy segment created by its rival, RWE, in a landmark, multi-billion dollar deal, they said.In a joint statement, E.ON said it reached an agreement in principle with RWE to acquire more than three quarters of the stakes in renewable energy entity Innogy, an offshoot from...

Russia test-fires Kinzhal hypersonic missile

March 11 (UPI) -- A Russian jet successfully test-lauched a hypersonic missile Sunday, the Russian Defense Ministry said.The Kinzhal hypersonic missile was launched from an MiG-31 interceptor jet, which departed from an airfield in the Southern Military District, Russia's TASS News Agency reported."A MiG-31 fighter crew of the Russian Aerospace Forces...

Huntington Ingalls contracted for further repairs on USS Fitzgerald

March 9 (UPI) -- Huntington Ingalls was awarded a contract from the U.S. Navy to continue repairs on the USS Fitzgerald.The deal, announced Thursday by the Department of Defense, is valued at more than $77.5 million under the terms of a cost-plus-fixed-fee contract, which is a modification to a previous award.The modified contract between the U.S. Navy...