Latest Ransomware Attack: Is Your Arbitration Cyber-ready?

By | Latham.London | May 18, 2017
The latest global ‘WannaCry’ attack has again brought to the fore the need for sovereign and private parties to have in place adequate cyber-security measures and response plans to deal with cyber-attacks, including in the context of international arbitration.  As attackers are becoming increasingly resourceful in their ability to exploit vulnerabilities, it is critical that participants in arbitration play their part in mitigating against this type of risk, particularly where sensitive information is involved and large sums are at stake. View Full Post
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Changes to Corporate Criminality Offences in the UK Cause Corporate Dealmakers to Review Acquisitions

By | Latham.London | May 17, 2017
By Stuart Alford QC, Daniel Smith Teamwork Proposed changes to corporate criminal offending should cause corporate dealmakers to review the scope of acquisition diligence, particularly in light of the UK Serious Fraud Office’s (SFO’s) increasing use of deferred prosecution agreements (DPAs), as highlighted by the recent Rolls Royce and Tesco cases. View Full Post
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Brexit – Squaring the Circle and Involving the European Court of Justice

Clash of Philosophies: There is a potentially irreconcilable clash of constitutional philosophies between the UK and the EU which results in certain “no go” areas on the EU side for the forthcoming Brexit negotiations…2) Perspective of the EU27: The EU27’s approach is driven by the perception that the European Union is not merely representative of a negotiable bundle of international trade treaties but is a supranational entity based on and subject to a constitution created by the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). View Full Post
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Check Your Privilege: English Court Rules Internal Investigation Materials Cannot Be Withheld from Prosecutor

By | Latham.London | May 17, 2017
By Stuart Alford QC, Daniel Smith and James Fagan  “Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be overridden by some countervailing rule of public policy”. View Full Post
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European Parliament’s Committee On Economic and Monetary Affairs Publishes Fintech Report

By | Latham.London | May 12, 2017
By Andrew Moyle, Fiona Maclean, Christian McDermott, Andrea Stout and Stuart Davis. On April 28th, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report about Fintech and the influence of technology on the future of the financial sector. View Full Post
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The OECD’s View On Integration of ESG Issues into Investments – What Next?

By | Latham.London | May 12, 2017
By Paul Davies and Michael Green The Organisation for Economic Co-operation and Development (OECD) published a report (OECD Report) on investment governance and integration of environmental, social and governance (ESG) factors on 2 May 2017. The OECD Report develops work already carried out by the organisation on the regulation of investment companies and pension fund investments. View Full Post
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Conservation Finance: An Increasingly Attractive Concept for Investors?

By | Latham.London | May 12, 2017
By Paul Davies and Michael Green Broadly defined, conservation finance is the raising of capital to support the conservation of land, water and resources. This concept started with “debt for nature” swaps during the 1980s and 1990s whereby developing countries agreed to protect ecosystems using revenues freed up by sovereign debt relief (such deals usually being arranged by international environmental groups). View Full Post
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Chinese Outbound M&a: 4 Key Questions

By | Latham.London | May 11, 2017
By Richard Butterwick, Cathy Yeung, Yilong Du, Karima Salway Overseas direct investment by Chinese companies increased significantly in 2016 to US$212 billion, a 143% increase from 2015. While outbound M&A interest remains strong in China, recent measures taken by the Chinese government to scrutinise transaction fundamentals more closely and slow capital outflows may impact deals in 2017. View Full Post
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