MAGAZINE
January 2019 Issue
Financier Worldwide Magazine
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COVER STORY
Mergers and acquisitions (M&A) are complex and time-consuming endeavours. Companies seeking synergies that improve balance sheets and deliver increased shareholder value must be conscious of the risks and rewards present in every transaction...
FEATURES
FIRRMA: sharpening scrutiny of FDI
In security-driven manoeuvres designed to reverse a decades-long trend toward increasingly open markets, western nations, the US in particular, are introducing stronger measures to vet foreign direct investment (FDI) and foreign takeovers of strategic...
Understanding the FinTech M&A boom
The emergence of the financial technology (FinTech) sector has brought unprecedented disruption to the financial services sector, and beyond. A raft of FinTech startups offer technology which will revolutionise not only how companies operate but how people...
Compliance implications of RPA
Though a relatively nascent technology, robotic process automation (RPA) is finding favour in the corporate world. Increasing productivity, agility and job satisfaction for employees, RPA is transforming working life. Through its ability to streamline...
Trilateral tribulations: unpacking the new NAFTA
Widely agreed to have been long-overdue for an overhaul, the North American Free Trade Agreement (NAFTA) between the US, Canada and Mexico has been repurposed and refined – the result of much-needed modernisation and president...
Fragile strength: should the US economy batten down the hatches?
The US economy appears strong at present. Corporate profits are rising, unemployment is at a level unknown since the 1960s and the stock market recently hit an all-time high. However, despite this ‘economic miracle’, there are growing rumblings that it will not...
ROUNDTABLE
THE PANELLISTS: Great Gu, Amgen; Paul Lanois, Fieldfisher; Nick Coleman, IBM; Juan Hardoy, Microsoft.
At a time of great change for business, organisations and governments, the cyber risk landscape is becoming ever more complicated, persistent and data centric. Today, cyber criminals have substantial resources at their disposal, such as malware...
SPECIAL REPORT
Businesses are able to increase their competitiveness in a variety of ways by dedicating time and resources to protecting their intellectual property (IP) assets. Without doubt, IP assets – such as inventions, literary and artistic works, designs...
FORUM: Paragraph IV filings and patent protection
FW moderates a discussion on paragraph IV filings and patent protection between Christopher L. McArdle at Alston & Bird LLP, Sanya Sukduang at Finnegan and Jeanna M. Wacker at Kirkland & Ellis LLP.
Intellectual property audits – what are they and why should you care?
Cripps All businesses create, own or licence some form of intellectual property (IP), whether they know it or not. The term itself covers a wide variety of rights including copyright, trademarks, design rights and patents, to name a few. It is often misunderstood...
The role of intellectual hygiene in maximising shareholder value
Coffin Mew LLP Virtually any company worth an investor’s interest will have demonstrated some level of financial hygiene, even if it is currently struggling. The concepts are familiar enough: strong ongoing business planning, profitable operating and pricing models...
The resurgence and revaluation of US patents
Oblon, McClelland, Maier & Neustadt, LLP During the past decade, domestic and international corporations have seen the value of their US patent rights steadily erode. Deep concern regarding a faltering global economy and changes to US patent policy and enforcement, combined with the high cost...
The US Trademark Office Post Registration Proof of Use Audit Programme should be taken seriously
Aaron Sanders PLLC In November 2017, the United States Patent & Trademark Office (USPTO), which issues registrations for trademarks in the US, launched a new programme to randomly audit trademark registrations to be sure that the trademark is being used on all the goods and...
Protecting trade secrets during corporate transactions
Robins Kaplan, LLP In 2013, Michael Hunter Gray co-founded software start-up Calaborate, which developed a group-scheduling mobile app called Klutch. Mr Gray and other Calaborate employees executed assignment agreements agreeing that all proprietary information...
The importance of being diligent: intellectual property in corporate transactions
Valea AB Any corporate transaction necessitates diligence. Depending on the type of business, a major share of a company’s value may reside in its intellectual property (IP) and therefore IP due diligence may be an important part of a business transaction. IP refers to intangible...
Cooper & Cia The existing Chilean intellectual property (IP) law regulates trademarks, patent for inventions, utility models, industrial designs and industrial secrets, among other IP privileges. The law entered into force in 1991 and there is a consensus forming which...
Judgment on SPCs: is the CJEU stepping into the realm of national courts?
Clifford Chance Readers who are Supplementary Protection Certificate (SPC) aficionados will be aware that the road to a SPC is a rather bumpy one. This is particularly true in the case of SPCs that protect a combination of various active principles. Over the years...
Intellectual property and a no-deal Brexit – significant change or more of the same?
Howes Percival LLP Brexit, at the time of writing at least, stands as the great unknown. Will there or won’t there be a deal on the terms of the UK’s withdrawal from the EU? What will the terms of any such deal be? These questions are currently unanswerable, but we are starting...
Confidential information in Italy
Martini Manna Avvocati In Italy, technical and commercial confidential information is protected pursuant to article 98 of the IP Code. Under this provision, in order to enjoy protection, the information is required to be secret, in the sense that the pieces of information shall not...
TALKINGpoint
Evolving commercial due diligence: value creation in M&A
FW moderates a discussion on evolving commercial due diligence and value creation in M&A between Sheil Malde, Colin Terry, Gabriele Vanoli, Michael van der Boom and Marc Becker at Deloitte.
FW moderates a discussion on consumer products M&A between Will Hayllar, Coye Nokes, Christoph Treiber, Adam Xu and Marek Zdziech at OC&C Strategy Consultants.
FW moderates a discussion on creating value in PE exits between Neal McNamara, Tim Czmiel and Dean Dussias at Virtas Partners, and C. Craig Lilly and Michael J. Fieweger at Baker McKenzie LLP.
Outlook for blockchain in the global financial system
FW moderates a discussion on the outlook for blockchain in the global financial system between Joaquín Sales, Rudolf Haas, Alix Prentice and Shawn Davis at King & Wood Mallesons.
Driving value through HR transformation
FW moderates a discussion on driving value through HR transformation between Beth Bovis, Robyn Wright, Neeti Bhardwaj, Shirley Santoso and Kristen Etheredge at A.T. Kearney.
Outlook for the energy & utilities sector
FW moderates a discussion on the outlook for the energy & utilities sector between Ogan Kose, Miguel Gonzalez-Torreira and Rory Skrebowski at ATIOS (Accenture Trading, Investments and Commercial Optimisation Strategy).
DEALfront
mergers & acquisitions
CommScope to buy Arris for $7.4bn
In a transaction described as “a critical step in fuelling growth, shareholder value and customer benefits”, multinational network infrastructure provider CommScope is to acquire telecommunications equipment manufacturer ARRIS...
Encana to acquire Newfield Exploration for $5.5bn
Canadian oil & gas producer Encana Corp has agreed to acquire Texas-based natural gas liquids company Newfield Exploration Company in an all-stock deal valued at approximately $5.5bn. The merger will create a leading multi-basin company which...
private equity & venture capital
PE-backed Calsonic Kansei to acquire Magneti Marelli
In a deal that creates a leading, independent supplier of automotive components, Fiat Chrysler (FCA) has sold its Magneti Marelli unit, which develops and manufactures high-tech components for the automotive industry, to Calsonic Kansei, the Japanese...
Veritas and Elliott combine to acquire Athenahealth for $5.7bn
Private equity firm Veritas Capital and hedge fund Elliott Management have announced a deal to acquire Athenahealth Inc for around $5.7bn. he deal values Athenahealth at $135 per share, a premium of 12.2 percent to the stock’s closing price...
bankruptcy & corporate restructuring
Aegean Marine files for Chapter 11
Following the discovery of an alleged fraud amounting to $300m in cash and assets, international marine fuel logistics company Aegean Marine Petroleum Network Inc., along with certain subsidiaries, has filed voluntary petitions for relief...
Petroquest Energy enters bankruptcy
Petroquest Energy has filed for Chapter 11 bankruptcy protection, hoping to eliminate approximately $204.5m of debt from its balance sheet. The filing, which was made at the US Bankruptcy Court for the Southern District of Texas...
CONTRIBUTORS
A.T. Kearney
Aaron Sanders PLLC
Alston & Bird LLP
Amgen
ATIOS
Baker McKenzie LLP
Clifford Chance
Coffin Mew LLP
Cooper & Cia
Cripps
Deloitte
Fieldfisher
Finnegan
Howes Percival LLP
IBM
King & Wood Mallesons
Kirkland & Ellis LLP
Martini Manna Avvocati
Microsoft
Oblon, McClelland, Maier & Neustadt, LLP
OC&C Strategy Consultants
Robins Kaplan, LLP
Valea AB
Virtas Partners