Legal

Americas

Private Equity Funds & Co-Investment: A Symbiotic Relationship

Broadly, a co-investment is an investment in a specific transaction made by limited partners (LPs) of a main private equity (PE) fund alongside, but not through, such main PE fund. This is often accomplished through a separately structured co-investment vehicle which is governed by a separate set of agreements. Co-investments are attractive to PE funds...…...

2020 merger review thresholds for Competition Act and Investment Canada Act

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have now both been released for 2020. The Commissioner of Competition announced on April 1 that the threshold would remain the same as in 2019. Competition Act Canada uses...

Evaluating the Legal Risks of Data Assets in M&A

Data is an essential asset for many businesses, and one that is increasingly acquired through M&A transactions. Identifying and assessing the particular legal challenges of data assets is crucial for acquirers to mitigate the risks associated with these assets and unlock their full value. While issues will depend on the particulars of each transaction,...

M&A Activity: 2020 Outlook

J.P. Morgan’s “2020 Global M&A Outlook” (the Report) reviews what we can expect with regards to M&A activity this year. Some of the key takeaways from the Report include: Anticipated Trends in International M&A: We can expect to see an increase in the global M&A market due to greater geopolitical certainty and financially competitive...

Acqui-hiring: What we know and what we need to know from a Canadian perspective

“Acqui-hire” transactions, which are particularly prevalent in the context of start-up technology-related M&A transactions in the U.S., focus on acquiring a company primarily to obtain its employees and their skills, in addition to other possible assets (see our earlier post on acqui-hires). In these type of transactions, it is thought that...

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

DOJ and SEC – Aggressive Measures on Coronavirus Fraud

The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have taken legal actions to combat fraud arising out of the COVID-19 health emergency. DOJ Restraining Order On March 23, 2020, the U.S. District Court for the Western Division of Texas issued a temporary restraining order to halt a predatory wire fraud scheme...…...

Special Appearance Denied In Sanctions Criminal Case

A New York federal judge recently held that a foreign bank could not challenge U.S. federal criminal jurisdiction prior to arraignment. US Allegation Halkbank is a Turkish majority state-owned bank. The United States alleged that Halkbank developed an illicit scheme comprised “of fraudulent transactions intended to deceive U.S. regulators and foreign...

Whistleblowers Watch Stimulus Money From Inside

Whistleblowers watch from inside when a business receives stimulus money.  Whistleblowers, with their unique access to business operations, follow the money to learn whether the business abides by the strings attached to that money.  Whistleblowers look for an opportunity to cash in on what they consider fraudulent conduct.  What’s a business to...

DOJ, FTC Pledge 7-Day Evaluation of Competitor Collaborations

Information about an expedited procedure for obtaining guidance about the permissibility of certain collaborations between competitors, which have the effect of protecting Americans’ health and safety, was set forth in a joint statement issued March 24, 2020, by the US Department of Justice (DOJ) and the US Federal Trade Commission (FTC) (the Statement)....

Watchdogs Will Be Watching

With governments around the world injecting trillions of dollars into the global economy to prevent a financial catastrophe, the first priority for companies is to figure out how to take advantage of the various stimulus packages to save themselves. This is not the time to take the money and run, however. The US stimulus comes...… Continue Reading The...