Legal

Americas

Determining fair value in appraisal proceedings: the Supreme Court of Canada dismisses application for leave to appeal in Carlock v ExxonMobil Canada Holdings ULC

On August 13, 2020, the Supreme Court of Canada (the SCC) dismissed the application for leave to appeal in the case of Carlock v ExxonMobil Canada Holdings ULC (Carlock), indicating that the negotiated deal price in a transaction between well-informed, sophisticated, arms-length parties that is the result of a vigorous sale process provides strong objective...…...

M&A in the Consumer & Retail Sector: Before and After the Pandemic

This article will provide a high level discussion of M&A trends in the Consumer & Retail (C&R) sector, beginning with a brief summary of the activity we saw in 2019, what trends were anticipated to occur in 2020 and how the COVID-19 pandemic (the Pandemic) is expected to affect M&A in this industry. Pre-Pandemic Trends...… Continue...

The SPAC is back: going public in a pandemic

According to Axios, the first half of 2020 saw special purpose acquisition companies (“SPACs” for short) in the U.S. raise over US$20 billion, easily eclipsing the US$13.3 billion raised in all of 2019. A SPAC is a special purpose vehicle that does not have any assets or operations, but exists solely for the purpose of...… Continue reading The...

COVID-19 Series: Considerations and Modifications of Certain Provisions in M&A Agreements (Valuation and Post-Closing Pricing Mechanisms)

In recognition that businesses are adjusting to their “new normal” and some companies are exploring acquisitions or divestitures as opportunities to strengthen their bottom line, we will be publishing a series of blogs aimed at highlighting some of the considerations and key drafting areas in a purchase and sale agreement that parties to...

Fintech M&A Activity in 2020: The Digital Economy is Here

Paying for Payments While uncertainty arising from the COVID-19 pandemic has slowed down most deal activity, Fintech, in particular the payments space, is a big exception. Recent analysis from KPMG revealed that UK payment deals in the first quarter of 2020 alone exceeded the total number of deals in 2019. Granted, deal sizes were relatively...…...

Asia Pacific

After Fintech, Singapore eyes Legaltech status

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

China updates New Industry Catalogue

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

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

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

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

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

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

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

Europe

67% of law firms say skills shortages threaten growth

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

Seedrs launches programme for financial intermediaries following record breaking Q3

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

​Lamont Pridmore warn high earners about HMRC raids

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

A Legal Perspective on the Government’s Brexit White Paper

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

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

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

Mena

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

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

Cambodia: Protest Supports Villagers Challenging Foreign Forest Concession

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

European Union: Adoption of Decision to Relocate Asylum Seekers

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

Brazil: End of Age Limit for Assisted Fertilization

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

International

SEC Approves Changes to Its Whistleblower Program

This week, in a 3-2 vote, the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) approved significant changes to the rules governing its whistleblower program.  The program, established by the Dodd-Frank Act in 2011, incentivizes those with information about possible securities law violations to report to the SEC.  If the...

The White House Directs Federal Agencies to Focus on Fairness in Investigations and Enforcement

On May 19, 2020, in response to the COVID-19 pandemic, President Trump signed Executive Order 13924, to provide regulatory relief for entities economically impacted by the pandemic.  Section 6 of the Executive Order directed agencies to revise their procedures and practices in administrative investigations and enforcement in light of certain enumerated...

FinCEN’s New Rule Impacts Banks Lacking a Federal Functional Regulator

On September 14, 2020, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a final rule  (“Rule”) requiring the minimum standards for anti-money laundering programs for certain institutions lacking a Federal functional regulator.  The Rule applies to banks that lack a Federal functional regulator,...

Executive Responsibilities and Consequences: A Case Study of Uber’s Data Breaches

Every organization is at risk of a data breach, and can learn something from Uber’s data privacy missteps. In an article for Corporate Compliance Insights, Squire Patton Boggs lawyers Colin Jennings, Ericka Johnson, and Dylan Yépez offer key takeaways from the company’s high-profile data breaches and the criminal charges that followed.    ...

DOJ and SEC Release Second Edition to FCPA Resource Guide

The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) quietly released updated guidance on the Foreign Corrupt Practices Act (FCPA) before the Fourth of July holiday weekend.  Entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition[1] (“Guide”), the Guide is the first update to the...