Reporting PFAS: reporting burden is the least of businesses’ worries

December 2023  |  RISK MANAGEMENT

Bergeson & Campbell, P.C.

Ask just about anyone doing business in the US making or importing products that contain chemicals what they think about the US Environmental Protection Agency’s (EPA’s) new per- and polyfluoroalkyl substance (PFAS) reporting rule, and you will get a decidedly grumpy response…

Generative artificial intelligence in dispute resolution

December 2023  |  LITIGATION & DISPUTE RESOLUTION

McGuireWoods

Is generative artificial intelligence (GenAI) in dispute resolution a good thing? Obviously, with a question like this, the first thing we did was ask ChatGPT. The conclusion in the document produced was: “Generative AI can be a valuable tool in dispute resolution, but its use should be approached…

Proposed reform of the UK Arbitration Act – more bark than bite?

December 2023  |  LITIGATION & DISPUTE RESOLUTION

gunnercooke LLP

Arbitration is a consensual process by which one or more parties agree to resolve any disputes between them before an independent tribunal, rather than submit them to domestic court systems. It is of wide application to all manner of disputes, large and small, domestic and international…

Construction and renewable energy projects: transition in the energy transition

December 2023  |  SECTOR ANALYSIS

Quinn Emanuel Urquhart & Sullivan UK LLP

In the run up to the 28th UN Conference of the Parties to the Climate Change Agreement (COP28) in November and December 2023, it is important to reflect on present challenges, as well as opportunities, in renewable energy. From inflation-fuelled prices halting some new and existing…

The revolution of cosmetics regulation in the US

December 2023  |  SECTOR ANALYSIS

King & Spalding

The 29 December 2023 will mark the one-year anniversary since the US began to revolutionise how cosmetic products are regulated by the US Food and Drug Administration (FDA). The Modernization of Cosmetics Regulation Act (MoCRA) significantly expands the FDA’s authority to regulate cosmetics…

The EU’s Foreign Subsidies Regulation: implications for M&A

November 2023  |  MERGERS & ACQUISITIONS

Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

The European Union’s (EU’s) Foreign Subsidies Regulation (FSR) represents one of the biggest regulatory changes in recent years. Under the FSR, the European Commission (EC) can investigate, and remedy subsidies received from non-EU countries that distort the EU internal market…

Modern infrastructure deals and related financing structures

August 2023  |  FINANCE & INVESTMENT

Davis Polk

Investing in energy and infrastructure is not a new phenomenon, but what remains remarkable is the pace at which new funds have been raised (both equity and debt-focused), new market participants have entered the sector and new issuances of all shapes and sizes have hit the tape…

Driving sustainable performance: ESG’s significance for the board

August 2023  |  BOARDROOM INTELLIGENCE

The Conference Board

The heightened focus on environmental, social & governance (ESG) issues is presenting corporate boards in Europe with a single fundamental question: what is the nexus between the board and ESG? The question is no longer whether the board of directors has a role to play. The focus has…

The new failure to prevent fraud offence: how will this operate in practice, and how can companies best prepare?

August 2023  |  FRAUD & CORRUPTION

Norton Rose Fulbright LLP

The proposed Economic Crime and Corporate Transparency Bill, which is currently making its way through the UK parliament, will have a significant impact for organisations operating in (or which otherwise have links to) the UK. Among other things, the Bill is seeking to introduce…

SCCA Arbitration Rules 2023 – a further step in the right direction?

August 2023  |  LITIGATION & DISPUTE RESOLUTION

Quinn Emanuel Urquhart & Sullivan

The last decade has seen the Kingdom of Saudi Arabia implement a number of legislative reforms in seeking to position itself as a regional leader for arbitration. The catalyst for these reforms has been the country’s ‘Vision 2030’ initiative, an ambitious programme to, among other goals, diversify…

Provisional remedies: an essential tool for acting early and decisively when a dispute arises

August 2023  |  LITIGATION & DISPUTE RESOLUTION

Pérez Correa González

Disputes can occur in various contexts, including personal relationships, business transactions or international affairs; they are an inevitable part of human interactions. That said, those disputes that end up being pursued through a legal process may have negative consequences for the…

Expanding PFAS liability in the US

July 2023  |  RISK MANAGEMENT

Bergeson & Campbell, P.C

Few words inspire the panic that ‘polyfluoroalkyl substance (PFAS)’ does. Companies producing, processing, distributing and using (whether knowingly or not) these substances must be aware of expanding legal liability and take steps now to minimise risk. This article outlines key US…

What to do with the Energy Charter Treaty?

July 2023  |  SECTOR ANALYSIS

Liedekerke

The origins of the Energy Charter Treaty (ECT) date back to the end of the Cold War and the opening of Eastern and Central Europe. Russia and the former Soviet states were in need of foreign investment to ensure the development of their economies, while Western European…

Escalation clauses: what are they and how do they affect arbitral awards

July 2023  |  LITIGATION & DISPUTE RESOLUTION

Quinn Emanuel Urquhart & Sullivan LLP

Escalation clauses, also known as multi-tiered clauses, are commonly written into commercial agreements. These clauses often contain mandatory language that requires parties to make a good faith attempt at negotiating or mediating their disagreements before formal proceedings…

Proposed EU ‘validation’ of OECD cryptoasset reporting framework and other DAC amendments

June 2023  |  FINANCE & INVESTMENT

Ashurst

On 8 December 2022, the European Commission (EC) proposed establishing a reporting framework which would require cryptoasset service providers to report transactions made by European Union (EU) resident clients, as well as extending the scope of the mandatory automatic exchange…

Japan Fair Trade Commission publishes ‘Green Guidelines’

June 2023  |  COMPETITION & ANTITRUST

Mori Hamada & Matsumoto

In March 2023, the Japan Fair Trade Commission (JFTC) published its ‘Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society Under the Antimonopoly Act’ (the Green Guidelines). The Green Guidelines are a comprehensive set of guidelines…

A new era for competition policy in the digital economy in Taiwan

June 2023  |  COMPETITION & ANTITRUST

Lee and Li

In the digital economy era, antitrust agencies worldwide are actively establishing measures to address key issues arising from new business models. Novel enforcement tools are needed to protect market competition without stifling innovation. Following this trend, the Taiwan Fair…

Law enters the human resources space

June 2023  |  COMPETITION & ANTITRUST

K&L Gates GP

While unlikely at first glance, the intersection of competition law and human resources (HR) management, has become an increasingly important issue for companies to consider. Indeed, in recent years there has been a growing trend of competition law being applied in the field of…

Business rescue mechanisms under CAMA 2020 and BOFIA 2020: a business case for distressed M&A

May 2023  |  BANKRUPTCY & RESTRUCTURING

Olaniwun Ajayi LP

The recent failures of Silicon Valley Bank and Signature Bank in the US have focused attention on insolvency regimes and business recovery mechanisms across jurisdictions. In Nigeria, the insolvency regime for companies is primarily regulated by the provisions of the Companies and Allied…

New Canadian real estate rules regarding non-resident ownership

May 2023  |  SECTOR ANALYSIS

Davies Ward Phillips & Vineberg LLP

Canada recently enacted new legislation which significantly impacts foreign ownership of Canadian residential real estate. Specifically, there is currently a two year prohibition on non-residents acquiring residential property in Canada. In addition, there is a new annual 1 percent tax on…

Green claims under scrutiny: greenwashing disputes in Germany on the rise

May 2023  |  LITIGATION & DISPUTE RESOLUTION

Hogan Lovells International LLP

With the rise of consumer concern for the environment, companies are increasingly using eco-friendly branding as ‘climate-neutral’ or ‘sustainable’ to appeal to consumers. This increase has resulted in a corresponding rise in greenwashing accusations, which has in turn led to a new set…

Increasing relevance for climate compliance

April 2023  |  RISK MANAGEMENT

Hogan Lovells International LLP

Climate protection has become a major factor in the business world, and many companies have set themselves ambitious targets. However, a recent study has shown that most European companies have no comprehensive plans on how they will achieve their climate targets….

Get it right the second time: remand of arbitral awards to correct or clarify awards

April 2023  |  LITIGATION & DISPUTE RESOLUTION

Goldman Ismail Tomaselli Brennan & Baum LLP

We typically consider an arbitrator’s job complete when a final award is issued. The functus officio (task performed) doctrine provides that, once an arbitrator issues a final award and discharges the duties of the office, the arbitrator lacks any continuing power to revise the award…

NPLs – EU Directive on credit servicers and credit purchasers

February 2023  |  BANKING & FINANCE

Norton Rose Fulbright LLP

European Union (EU) member states are expected to transpose and apply the measures implementing the EU Directive on credit servicers and credit purchasers – the Non-Performing Loans (NPL) Servicer Directive – on 30 December 2023…

The new legal milestone of securitisation in Brazil

February 2023  |  BANKING & FINANCE

Chalfin, Goldberg & Vainboim Advogados

Securitisation has been gaining strength in Brazil over the years – an instrument used to bring entrepreneurs, who seek resources to finance their activities, closer to investors, who themselves are seeking higher interest-bearing securities than generally available in the market…

Impact of sanctions regimes on audit and compliance responsibilities

February 2023  |  RISK MANAGEMENT

Polpharma

The last few months, or even years, have been a real challenge for the global economy. The world seemed to be slowly recovering from the shock that the global coronavirus (COVID-19) pandemic caused, affecting the functioning of almost everyone around the world and…

Recruitment, retention and commitment in an era of inflation and uncertainty

February 2023  |  LABOUR & EMPLOYMENT

Marval O’Farrell Mairal

Labour and human relationships are currently challenging for companies, especially in Argentina. The world has gone through a global pandemic and experienced unprecedented technological progress, which has impacted the global economy and, of course, the labour market…