MAGAZINE
January 2017 Issue
Financier Worldwide Magazine
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COVER STORY
Preparing for a black swan cyber event
There can be little doubt that cyber breaches are becoming more frequent and cyber criminals are becoming more sophisticated in their techniques. From malware to reconnaissance attacks, and from DoS/DDoS attacks to phishing...
FEATURES
What does Trump mean for US dealmaking in 2017?
The election of Donald Trump as the leader of the free world and 45th president of the United States on 8 November 2016 certainly ruffled a few feathers in every corner of the globe, to put it mildly. As the initial shock subsides, attention has turned to...
Consolidation in the TMT space – a deal too far?
Looming large among the major happenings within the technology, media & telecommunications (TMT) industry in 2016 was consolidation – a trend driven by high-profile mergers and acquisitions (M&A), both mega and middle market, culminating...
Clarifying insider trading laws
Insider trading can be a controversial practice, and as such requires stringent and aggressive monitoring by regulatory bodies. The Securities and Exchange Commission (SEC) in the US, for example, monitors the practice, and goes to great...
The future of trade: is the world open for business?
The future of trade has been a regular headline maker in recent times, with new US president-elect Donald Trump’s pledge to pull out of existing trade deals and place future ones on hold a significant, if unsettling, addition to the debate. Mr Trump’s...
Since Indian prime minister Narendra Modi came into office in May 2014, the government has spearheaded a campaign to reform a number of the country’s existing – and outdated – laws. The Modi administration hopes to overhaul the national...
ROUNDTABLE
THE PANELLISTS: Andrew Wall, Atkins Ltd; Jason Elmer, Duff & Phelps; Eugene Kaspersky, Kaspersky Lab; Claudio Lo Cicero, Maersk Oil; Xavier Marguinaud, Tokio Marine HCC; and Dr Jochen Lehmann, GÖRG.
Cyber security is among the most pressing issues facing the corporate world today. Now more than ever, a cyber attack is an omnipresent threat, requiring organisations to fully appreciate the risks and the steps needed to mitigate them. Whether the...
SPECIAL REPORT
Intellectual property (IP) is the lifeblood of many companies, in some cases accounting for up to 70 percent of total value. Inventions, literary/artistic works, designs and symbols, and names and images used in commerce – all of these and more come...
FORUM: Valuation and damages in IP disputes
FW moderates a discussion on valuation and damages in IP disputes between Thomas Vander Veen at Epsilon Economics LLC, John Paul at Finnegan, Henderson, Farabow, Garrett & Dunner LLP, Christopher P. Gerardi at FTI Consulting, and Marti A. Johnson at Skadden, Arps, Slate, Meagher & Flom LLP.
Protecting your company’s innovation
Rothwell, Figg, Ernst & Manbeck Whether you are operating a large multinational corporation, a computer consulting firm or a medium-to-small manufacturer, innovation is the driving force for successful business. All companies innovate. Some do not realise how much...
IP protection for computer software in the United States
Ladas & Parry LLP Following the 1998 decision of the Court of Appeals for the Federal Circuit in the case of State Street Bank v. Signature Financial, which had held that anything resulting in a useful concrete and tangible result (such as allocation of costs between trading funds...
Intellectual property strategy for FinTech
Norton Rose Fulbright LLP Similar to other traditional industries, a digital revolution for financial services is underway. Financial technology (FinTech) has for decades improved financial processes. In the Information Age, the FinTech landscape is quickly evolving with new services...
The evolution of intellectual property rights ownership in the new global economy
Benoît & Côté There is a definite worldwide research & development (R&D) race in this global economy. Time is of the essence for academic or corporate researchers, as the faster ones get the recognition but above all the resulting intellectual property (IP) rights...
Significant changes coming to Canadian trademark law: plan ahead
Deeth Williams Wall LLP In 2014, Canada made some significant amendments to its Trademarks Act. The amendments are intended to allow Canada to accede to three international trademark treaties: the Nice Agreement, the Madrid Protocol...
Enforcing and defending IP rights
Arochi & Lindner Although violation of intellectual property (IP) rights takes place in all territories around the globe, strategies to fight them vary from country to country and even from industry to industry. In developing economies, a person who earns a...
What you need to know about intellectual property and Brexit
JAG Shaw Baker In 1993, the EU Council Regulation 40/94 created EU Trademarks (previously known as Community Trademarks). That regulation, which was created more than 20 years ago, does not specify the consequences of a member state leaving the European...
Intellectual property litigation in the UK: an attractive option for business
Charles Russell Speechlys LLP Massive changes in the UK courts over recent years, including the streamlining of processes and procedures in the traditional High Court, as well as the offering of a new range of alternative forums in which to litigate, has made outdated the historic...
Q&A: Patents portfolio management and licensing
FW moderates a discussion on patents portfolio management and licensing between Paul Collier at Kirkland & Ellis LLP, Brian Hinman at Philips, and Joeeta Murphy at Stratagem IPM Ltd.
DEALfront
mergers & acquisitions
Samsung to buy Harman International for $8bn
In a transaction designed to accelerate growth in automotive and connected technologies, Samsung Electronics announced its intention to acquire Harman International Industries, Incorporated. Under the definitive agreement, South Korean...
Equity One and Regency Centers agree $5bn merger
Shopping centre investor and developer Regency Centers Corp. announced that it is to acquire rival New York-based Equity One Inc. in an all-stock deal worth around $5bn. Under the terms of the deal, each share of Equity One common stock...
private equity & venture capital
US middle-market PE activity slumps
2016 has been a difficult year for middle market PE activity. Though compared to historical norms it has been relatively strong, there is no disguising the fact that the number of transactions and the total value of deals recorded in the first three...
TeamHealth to be sold to Blackstone for $6.1bn
In a transaction valued at approximately $6.1bn, physician services organistion TeamHealth Holdings, Inc. is to be acquired by funds affiliated with global asset manager Blackstone. Under the terms of the definitive agreement...
bankruptcy & corporate restructuring
American Apparel files for Chapter 11 bankruptcy – again
Clothing manufacturer American Apparel has filed for Chapter 11 bankruptcy protection in the US for the second time in just over a year, a move which will likely be the end of the company in its current incarnation. The Los Angeles-based company...
ChinaCast files for Chapter 11
To allow the pursuit of embezzlement claims against former executives, as well as cushioning itself from an investor class action lawsuit, college e-learning company ChinaCast Education Corp. announced that it has filed for Chapter 11 bankruptcy...
PROFESSIONALinsight
Finance & Investment
Latest trends in corporate venture capital
Baker Botts LLP While corporate venture capital (CVC) began to invest in software and telecommunications around 40 years ago, its inexorable rise has continued unabated as the world’s largest corporations have begun to invest in every sector...
Major implications of the new liquidity risk management rule
Global Risk Management Advisors On 13 October 2016, the US Securities and Exchange Commission (SEC) adopted final new rules for liquidity risk management and rule amendments to modernise reporting. These new rules and rule amendments represent significant changes to...
The extension of the AIFMD passport to non-EU countries
LK Shields On 11 October 2016, Steven Maijoor, the chair of the European Securities Markets Authority (ESMA), delivered a speech to the Economic and Monetary Affairs Committee of the European Parliament. In his address, Mr Maijoor gave an update...
Investment uncertainty in Alberta is a self-inflicted wound
Blake, Cassels & Graydon LLP As the Rolling Stones recognised back in 1969, you can’t always get what you want, especially when it comes to securing new investment. The energy industry in Alberta is acutely aware of this lesson, as it has suffered...
SPOTlight
Open banking: the quiet revolution
CoreStream The face of banking, and indeed, that of the financial world, has changed dramatically in the last five years but not in a way that you might have expected. That small device in your pocket, your smart phone, has had...
Robins Kaplan LLP Accountants and auditors play a crucial watchdog function for the financial sector. They facilitate transparency, certify that financial statements accurately represent the financial condition of companies and help keep businesses and their...
The rise of ransomware – preparing for and preventing attacks
Baker & Hostetler LLP In the past year, ransomware attacks have taken over as the fastest-growing cause of data security incidents. Graduating quickly from an obscure anomaly to national news, this increasingly prevalent form of cyber extortion...
CONTRIBUTORS
Arochi & Lindner
Atkins Ltd
Baker & Hostetler LLP
Baker Botts LLP
Benoît & Côté
Blake, Cassels & Graydon LLP
Charles Russell Speechlys LLP
CoreStream
Deeth Williams Wall LLP
Duff & Phelps
Epsilon Economics LLC
FTI Consulting
Global Risk Management Advisors
GÖRG
Henderson, Farabow, Garrett & Dunner LLP
JAG Shaw Baker
Kaspersky Lab
Kirkland & Ellis LLP
Ladas & Parry LLP
LK Shields
Maersk Oil
Norton Rose Fulbright LLP
Philips
Robins Kaplan LLP
Rothwell, Figg, Ernst & Manbeck
Skadden, Arps, Slate, Meagher & Flom LLP
Stratagem IPM Ltd.
Tokio Marine HCC