Chambers Expert Focus | Corporate and Commercial
Chambers Expert Focus articles on Corporate and Commercial provide a unique and in-depth look at this legal sector and offer insights and analysis of the key stories and trends affecting the market. Topics covered include M&A, private equity, venture capital and more.
Examining the Cayman Islands Grand Court’s approach to balancing competing legal obligations in the context of merger appraisal disputes under s238 of the Companies Act.
The intersection of IP rights and anti-monopoly laws as these affect global competition for dominance in renewable energy technology.
Strategies for optimising surplus year-end budgets and planning for effective trade mark portfolio management in 2025.
Some of the key aspects to consider when dealing with a business divorce, including what to account for if you suspect fraud and how to protect yourself as a victim shareholder.
An insight into sanctions and export controls against China and what the Chinese government is doing about such restrictions.
The legalities surrounding the distribution of dividends in Cyprus.
The key takeaways from the recent decisions of the courts/tribunals of India which examined the nature of financial instruments to extend the remedies under the Indian insolvency regime.
Recent developments and the complexities surrounding the project-wise insolvency regime in real estate in India.
The topic of investment in social stock exchanges in India.
The discussion centres around labour law dynamics, ensuring compliance with employee laws, and regulations in nearshoring ventures, particularly within Mexico.
How anti-indemnity statutes influence the drafting and enforcement of contractual indemnity clauses and insurance provisions, particularly in the construction industry.
The change in the approach of the Dutch state to foreign investment, its effect on transactional activity and where the government is likely to intervene next.
Martin Scott KC of List G Barristers draws attention to two aspects of commercial dispute resolution which arise under Australian law.
The importance and impact of early dismissal applications to focus on the “3Es” – “expedited”, “efficient” and “economical” dispute resolution.
Corporate and cross-border litigation considerations for conducting business in Mexico.
The UAE’s removal from the FATF grey list, highlighting the country’s efforts to strengthen financial regulations and combat financial crime.
Non-compete agreements in freezones like Media City and Internet City, focusing on their enforceability and factors influencing their effectiveness.
An overview of the key clauses in sale and purchase agreements (SPAs) for off-plan properties in the UAE.
Insights into the newly adopted EU Directive (EU) 2024/1260 on asset recovery and confiscation.
The application of the Corporate Tax Law to HNWIs.
The obligation of parties to notify the Moroccan Competition Council.
The complexities and considerations involved in establishing a business in Dubai.
The strategic advantages of Mexico, focusing on its geographic location as a conduit to North American markets.
The newly enacted Chapter 14 of USMCA and the impact it has on the Mexican investment protection regime for investors.
The UAE’s emergence as a prime destination for foreign direct investment (FDI), highlighting the nation’s legislative reforms and regulatory strides.
China In & Out
A series of podcasts covering a broad spectrum of issues and providing comprehensive advice on the unique challenges and opportunities of doing business in China.
The implications of the recent surge in Chinese exports, particularly of electric vehicles, following the COVID-19 pandemic.
The evolving landscape of arbitration in China, focusing on the anticipated amendments to the PRC Arbitration Law.
Trade finance in China and what the country is doing with respect to it.
Discussing the recently-issued regulations addressing voluntary and compliance carbon markets.
The importance of paid-up capital in China against the backdrop of the latest amendment to the Company Law, which will take effect on 1 July 2024.
Frank Hong explores the role of the police in China.
The complexities of China’s evolving legal landscape in the context of international trade and diplomacy.
The current state of global supply chains and likely future trends, focusing on “de-risking”.
The regulatory landscape for businesses in China, focusing on the nuts and bolts of business formation and licensing across the board.
How the Apostille Convention will help to facilitate access to the courts in China.
How to ensure fairness for all parties when conducting an MBO.
The dismissal by the BVI Commercial Court of attempts by the Republic of Kazakhstan and the National Bank of Kazakhstan to challenge a previously sanctioned scheme of arrangement.
Developments in the M&A market in various sectors in Sub-Saharan Africa.
A discussion of new guidelines from the Ministry of Economy, Trade and Industry on public M&A activities in Japan.
Surveying the hopes for and effects of US state privacy laws passed in 2023
Discuss nearshoring and why Mexico is the current hotspot for this activity.
An overview of key aspects sponsors should consider when providing financial assistance to a private German portfolio company in distress.
Join Michael C. Rakower of Rakower Law PLLC as he demystifies SPAC litigation.
Unpack the potential benefits of nearshoring, explore recent legal updates, and offer practical advice to mitigate risk and maximise success.
A discussion focusing on William Fry’s M&A report for 2023 and its predictions for Ireland’s market.
Outlining the main issues faced when dealing with distressed M&A and how best to mitigate the associated risks.
The steps taken and timeline followed in a model preventive restructuring case under the Czech Act on Preventive Restructuring.
The key considerations for both buyers and sellers in negotiating earn-out provisions in Canada.
The application of the Investment Canada Act (ICA) to foreign investment.
Emerging trends in Indian private equity, including control deals, ESG integration and the impact of AI.
Recent M&A trends in Japan and the characteristics of accompanying JV and shareholders’ agreements.
The importance of effective governance in family enterprises when balancing personal relationships with professional responsibilities.
Whether the new platform OLSdigital will succeed in simplifying the submission of disclosure notifications.
Japan’s tender offer system and large shareholding reporting system.
The treatment of participation plans in Swiss public tender offers and the Swiss Takeover Board’s practice when assessing and deciding complex questions that arise.
Scenarios that may require a management incentive plan to be reset or adjusted part way through the investment period.
Digital developments and organisational change in the modern era.
Frank Aquila, senior M&A partner at Sullivan & Cromwell, shares deep insights into the US M&A landscape, his remarkable career journey, and how changing trends are shaping the future of M&A.
The Transfer of Undertakings (Protection of Employment) Directive.
A high level summary of the enforcement mechanisms related to share pledges in Luxembourg.
Technological developments and how they are affecting the legal industry.
The elements of due diligence that are essential for a successful venture capital transaction in Egypt.
Laura Carrara of Mondini Bonora Ginevra Studio Legale examines Law 172/2023 in Italy.
JSA partners Sidharrth Shankar and Vikram Raghani interview Mrinal Chandran, general counsel at India Resurgence Fund.
Corporate/M&A
The recent reform to the Brazilian Bankruptcy Law, the related cases, and its effect on sale of assets, financing and insolvency proceedings.
One common trap petitioners can fall into when sponsoring multinational executives and managers for small and medium-sized multinational enterprises.
An earn-out is a financial arrangement under which the seller of a business will receive additional payments in the future if the business performs well following the sale. In this article, Peter A Saad and Gordon Chan of Loopstra Nixon LLP explore some possible situations in which sellers should consider including an earn-out in their transaction.
Important regulatory updates that will have an impact on deal-making in the United States.
Examining a recent judgment by the Grand Court of the Cayman Islands on the standing of notedholders.
The challenges posed to doing business in Brazil by intricate tax structures and red tape.
What is likely to be seen in the Canadian M&A market over the next 12 months.
How likely is an increase in distressed M&A deals for Canada over the next 12 months.
How both marketplaces and sellers in Turkey are bound by the Amended E-Commerce Law and the E-Commerce Regulation.
Does recognition of foreign liquidations in Singapore require a company to be in financial distress
The use of restructuring and insolvency tools for distressed assets investments in Poland.
How national and international investors can avoid overpayment of tax in Ecuador.
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Saudi Arabia’s new codification of the law of contract and property.
A troubling 6/5 ruling from the South African Constitutional Court.
A panel discussion focusing on trends in technology mergers and acquisitions.
How to avoid an M&A transaction deteriorating and the questions to ask before starting work on a deal.
The importance of evidence and discovery, Section 238 of the Companies Act, and other key issues for merger appraisal in the Cayman Islands.
How the legal and regulatory framework of sanctions is affecting global business.
The legal environment for investments in India in light of the Foreign Exchange Management Act,.
The regulation of remote work in Peru, Mexico, Venezuela, Argentina, Colombia, and Chile.
The GDPR, which has been in force for five years, will soon be reviewed.
Common scenarios where life insurance policies are used by business owners and partners to fund business exits.
An exploration of company forms in Monaco in the context of acquisition transactions.
A guide to navigating the repossession and deregistration process in Egypt’s aviation sector.
