Sponsored briefing: Malaysia’s intellectual property regime in the new normal

Gan Partnership’s Alex Choo, Lim Zhi Jian and Bahari Yeow assess how well Malaysia is equipped to deal with intellectual property infringements

As Malaysia (and the world) continue to combat Covid-19, the turn of the new decade promises to be a better year as stakeholders are gradually acclimatising to the new normal. The embrace of the technological wave has become an inevitability, with industries digitalising and moving their products and services online. Continue reading “Sponsored briefing: Malaysia’s intellectual property regime in the new normal”

Sponsored briefing: Technical expertise in intellectual property litigation in Portugal

António Magalhães Cardoso and Marta Alves Vieira discuss technical expertise in IP litigation matters

Complex intellectual property (IP) litigation matters often require specialised knowledge that the assigned judges and the parties’ counsels generally do not possess.

The facts and the matters at stake in many IP litigation cases – particularly, in patent, utility model or design cases – frequently require experts to participate in the proceedings actively with their specific technical knowledge. Continue reading “Sponsored briefing: Technical expertise in intellectual property litigation in Portugal”

Sponsored briefing: Implications of the FCA test case for contractual interpretation and broker claims

The Supreme Court judgment in the Financial Conduct Authority (FCA) test case was a resounding victory for policyholders. Two potential unintended consequences of that judgment are considered here

Contractual interpretation

So-called ‘disease clauses’ provide cover for business interruption caused by the occurrence of a notifiable disease within (say) 25 miles of the insured premises. To many, the Supreme Court’s conclusion that such clauses cover losses from the Covid-19 pandemic is obviously correct. Continue reading “Sponsored briefing: Implications of the FCA test case for contractual interpretation and broker claims”

Sponsored briefing: 2021 – a year of change

Stewarts’ Sean Upson considers how the upcoming year will define and influence new working practices

Certain years define and influence our practices for years to come, and 2021 will likely be one of those. If anything, it will eclipse the 2007-2008 financial crisis, where the market disruption played out in the courts for well over the following decade. Unlike 2007–2008, we are not now simply seeing market disruption but also seeing new working practices caused by Covid-19 and the disruptor that is Brexit. These themes are likely to define the disputes landscape for the next decade. Continue reading “Sponsored briefing: 2021 – a year of change”

Sponsored briefing: Post-Brexit cross-border disputes – what next?

Simmons & Simmons examine the existing European framework, the legal changes introduced by Brexit and practical points that parties will need to consider in the future when contemplating, or participating in, cross-border disputes between the UK and EU

Prior to Brexit, a robust legal framework existed which governed cross-border disputes between the UK and the EU. It provided for reciprocal enforcement of judgments, choice of governing law and jurisdiction clauses. However, following Brexit, this framework has fallen away and has not yet been replaced by any similar legislative arrangement such that many civil justice matters will now be governed by member states’ local law. As a result, and in the absence of any further agreement, Brexit may have significant practical implications
for how litigants conduct cross-border litigation. Continue reading “Sponsored briefing: Post-Brexit cross-border disputes – what next?”

Sponsored briefing: Litigation laws and regulations in Mexico

Ramón Fernández Vigil and Alejandro Del Castillo Ramírez give an overview of litigation laws and regulations that may occur in Mexico

What are the main methods of resolving commercial disputes?

The main methods of resolving commercial disputes in Mexico are: a) ordinary commercial trial, b) executive commercial trial, c) special proceedings, d) oral commercial trial, e) bankruptcy proceedings (concurso mercantil), f) arbitration, and g) mediation. Continue reading “Sponsored briefing: Litigation laws and regulations in Mexico”

Sponsored briefing: Data breaches and cyber-attacks

Susanna Norelid and Marcus Appeltofft look at the impact of cyber-attacks in Sweden

The Covid-19 (cyber) pandemic

The Covid-19 pandemic has, among other things, brought about a significant increase in data breaches worldwide. Sweden has been no exception. Following the global trend, Swedish organisations have experienced a surge of cyber-attacks in the wake of the pandemic. The increase in cyber-attacks has intersected with an EU-wide harmonisation effort, which includes the Swedish Privacy Protection Authority that aims to change the manner in which the European DPAs investigate and manage GDPR-related complaints. As a consequence, this will likely exacerbate the business risks involved with the processing of personal data. When it comes to data breaches, it is a question of when, rather than if, one will occur. Continue reading “Sponsored briefing: Data breaches and cyber-attacks”

Resilient Keystone sees double-digit revenue growth in financials buoyed by senior recruitment

Keystone Law has significantly outstripped its half-year results unveiled in September, by posting a healthy 11% increase in turnover for the full year to 31 January 2021.

Revenues were up to £55m from last year’s £49.6m, with the rate of increase nearly double the 6.5% announced in the half-year results. Continue reading “Resilient Keystone sees double-digit revenue growth in financials buoyed by senior recruitment”

Sponsored briefing: Angola – getting back in the game

Morais Leitão’s Claudia Santos Cruz on recent legal developments and the future of the Angolan oil industry in the wake of the Covid-19 pandemic

For a brief period in 2009, Angola was Africa’s largest oil producer with production reaching two million barrels per day. Current production is around 1.37 million barrels per day. This reduction is generally attributed to a general reduction in production; low oil prices and more recently Covid-19 pandemic effects. Continue reading “Sponsored briefing: Angola – getting back in the game”

Sponsored briefing: Valuation – the new frontline in restructuring under the Corporate Insolvency and Governance Act 2020

In the summer of last year, the Corporate Insolvency and Governance Act 2020 (CIGA) was rushed through the UK Parliament in a five-week period to deal with the expected fallout from the Covid-19 pandemic. As the biggest change to the UK’s insolvency and restructuring legalisation in over 20 years, one of the cornerstones of this new legislation is the introduction of the Restructuring Plan. While many of the provisions and the intent of both the Restructuring Plan and the existing Scheme of Arrangement are not dissimilar, what is ground-breaking is the introduction of the Cross-Class Cram-Down mechanism (or CCCD) and the sharp focus this is bringing on evidence as to where value breaks within the capital structure of the company in question. Continue reading “Sponsored briefing: Valuation – the new frontline in restructuring under the Corporate Insolvency and Governance Act 2020”

Turkey focus: Crisis, what crisis?

As Covid-19 continues to wreak havoc, many countries face both an economic and a health crisis. But for Turkey, the concept of crisis is nothing new: it has long been part of everyday life. The current malaise, which predates the pandemic, has its origins in the attempted coup of 2016 and the government’s authoritarian response: over 300 people were killed and 75,000 arrested, including 2,700 judges. Such coups d’état have punctuated Turkey’s historical narrative in every decade since the 1960s. More recently, there was the currency and debt crisis of 2018, which saw the credit rating agencies downgrade Turkey’s debt to junk status.

Notwithstanding these difficulties, President Erdoğan is still firmly in control. Added to the $120bn in infrastructure spending since 2003, new highways and rail links are planned. Turkey’s $730bn economy, the world’s 20th-largest, even managed to expand slightly last year. But problems persist: inflation at 15% and interest rates recently hiked to 19%, while the Turkish Lira’s precipitous decline against the US dollar has sparked an exodus of foreign capital. In an effort to boost tourism, one of the country’s strongest sectors, Turkey announced that it would be the first country to accept British holidaymakers without Covid checks. Despite Erdoğan’s promises to cut inflation in an attempt to restore confidence, sustained turbulence undermines the country’s economic credibility. Continue reading “Turkey focus: Crisis, what crisis?”

Sponsored briefing: Closing a project finance transaction in Mozambique during a worldwide pandemic

The world shut down in 2020, but the largest project finance in Africa could not stop.

The discovery of vast quantities of natural gas off the coast of northern Mozambique in 2010 was the starting point for the Mozambique LNG Project, which led to a $20bn final investment decision in June 2019. In September of that same year, Total (the second-largest LNG player in the world) announced that it had closed the acquisition of Anadarko’s 26.5% operating interest in the Mozambique LNG Project and that the project was finally ready to move on to the next stage. Continue reading “Sponsored briefing: Closing a project finance transaction in Mozambique during a worldwide pandemic”

Africa focus: Africa first

In times of stress and unpredictability, it pays to be conservative. Most sensible investors will plump for safe havens during troubled times. So is Africa a senseless gamble?

Some 20 years after the term ‘Africa rising’ began to enter the world’s consciousness, the continent still delivers a plentiful supply of extreme volatility and complexity, intimidating factors that seep into deals, projects and other legal engagements. It is not a benign environment for law firms. Continue reading “Africa focus: Africa first”

Sponsored briefing: Privatisations in Cabo Verde and Angola – the new El Dorado?

Both Angola and Cabo Verde have recently announced important privatisation programmes involving companies active in key sectors in the two countries’ economies.

In Angola, the programme involves 195 companies and assets and was originally planned to be concluded in 2022. Several tenders have already been launched or implemented and 14 companies/assets have already been privatised. The goal was to privatise 51 companies by the end of 2020 but because of Covid-19 the process was suspended. However, the process is now resuming slowly. Consequently, there will be investment opportunities from now on. Continue reading “Sponsored briefing: Privatisations in Cabo Verde and Angola – the new El Dorado?”

‘Living at work’ – the lessons for law firms from a year at home

‘It’s been challenging for everyone. Whether you’re living alone, or with children who need homeschooling, with teenagers who need emotional support or you’re caring for elderly parents – no-one has been unaffected,’ says Slaughter and May real estate head Jane Edwarde on the impact the last year has had on the profession. ‘A year is a very long time for any human being.’

Like many aspects of all of our lives, the way law firms operate has been turned on its head over the last 12 turbulent months. Gone (for the time being at least) is any stigma that working from home is less productive than long hours in a busy office, but gone too are the career benefits of spontaneous social interaction with clients and colleagues, and any semblance of a divide between work and home life. Continue reading “‘Living at work’ – the lessons for law firms from a year at home”

Switzerland focus: Still standing

Switzerland is often singled out as the prime model for a stable economy – apart from a temporary blip in 2009 following the global economic crisis, GDP growth has moved consistently upwards. The country’s strong employment figures and national debt position have only underlined its positive reputation even more. But when Covid-19 hit, not even Switzerland could roll with all the punches it had to take, and continue growing.

That said, at the end of 2020 the economic activity was only 2% below its pre-crisis level – a strong bounceback, especially compared to other European countries. While Switzerland remains locked down for the first quarter of 2021, the prognosis for the year ahead looks promising. Continue reading “Switzerland focus: Still standing”

Hope floats for City listing overhaul but American audacity is vital

starry sky over the City

City business has had cause to take heart in recent months with a clear display of political will behind an overhaul of UK listing rules that could see London shake off its Brexit and pandemic woes and reassert itself as a global financial hub. Our Global London report finds US and European firms alike concerned about the status of their London offices now that Brexit is a hard reality.

Proposals set out in the UK Listing Review in March, led by Lord Hill, will particularly pique the interest of anyone tracking the special purpose acquisition company (SPAC) market. Indeed, the ubiquity of those deals has made them difficult to miss. There has been much talk of London jumping on the bandwagon in a fit of FOMO as other listing destinations, especially the US and Amsterdam, pile into that frothy market with gusto. However, to say that London has been lagging competitors in the US, Europe and Asia for too long is an understatement, and any shake-up to expedite parity with peers has not come a moment too soon. Continue reading “Hope floats for City listing overhaul but American audacity is vital”

The work from home dilemma – get creative

If 2020 was about surviving coronavirus and lockdown, 2021 is most certainly about rebuilding and making up for lost time. With the Covid-19 vaccine rollout progressing well, and pubs and shops reopening ahead of a supposed return to normality by late June, going back to the office is becoming a reality.

As The Legal 500 UK editor Georgina Stanley points out in ‘Living at work’, the past year has seen the stigma that working from home is less productive than long office hours eradicated, but we have also lost the benefits of spontaneous social interaction with clients and colleagues and the ease of separation between work and home life. As for the younger generation of lawyers, they are suffering from a lack of face time with clients and partners, losing out on crucial training and development. Continue reading “The work from home dilemma – get creative”