MAGAZINE
September 2019 Issue
Financier Worldwide Magazine
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COVER STORY
Understanding Japan’s outbound M&A boom
Japanese outbound M&A activity has risen in recent years. According to Thomson Reuters, outbound deals reached an all-time high of 777 in 2018, up nearly 16 percent on the year before, and setting a fifth straight record...
FEATURES
The evolution of PE co-investment
As a tool to reduce fees and generate additional value through private equity (PE), co-investment has become a compelling option for limited partners (LPs) in recent years. In turn, general partners (GPs) have used co-investment...
Consumers are increasingly driving the conversation when it comes to the brands they engage with and those they ignore. For the most part, consumers want to know that the companies they deal with are trustworthy and authentic. According to Sprout Social...
Detecting bad actors via behavioural analytics
When used to detect bad actors in the workplace, behavioural analytics can go some way toward assisting companies to establish the who, what, where, when and why of a threat before it can become reality. Described by some as an emerging technology...
Managing employee compliance training
It is impossible to overstate the importance of compliance training in today’s regulatory environment. Done properly, compliance training provides employees with a rounded understanding of the industry in which they operate and where the legal...
New EU ‘cookie law’ yet to emerge
Intended to enter into force in concurrence with the General Data Protection Regulation (GDPR), the European Union’s (EU) bedfellow legislation, the ePrivacy Regulation (ePR), has been delayed – awaiting its shot at further disrupting the data protection landscape...
ROUNDTABLE
THE PANELLISTS: Marc Sherman, Alvarez & Marsal Disputes and Investigations, LLC; Jefferey Doran, Ambridge Europe Limited; Michael McGowan, AXA XL; Jay Rittberg, Euclid Transactional; Roy Reynolds, Great American Insurance Group; Joanne R. Censullo, Risk Strategies; Steven R. DeLott, Simpson Thacher & Bartlett LLP; and Miguel Ángel Hernández, Tokio Marine HCC.
The fast pace of a transaction process means that acquirers need to be committed to identifying and assessing risks – both known and unknown – as early and fully as possible. That requires optimum effort, and engaging legal, financial, accounting, tax, insurance and...
SPECIAL REPORT
Q&A: Creating value through transformation in portfolio companies
FW moderates a discussion on creating value through transformation in portfolio companies between Jean-Philippe Grosmaitre, Jan Rattay, Dave Sharman, Mark Steele and Andreas Warner at Deloitte LLP.
Private equity set to become the largest alternative asset class in Europe
Preqin Hedge funds have remained the largest part of the alternatives market in Europe, but a 9 percent decrease in assets under management (AUM) over the past 12 months has left private equity (PE) poised to usurp it as the largest asset class in the region..
Private equity: capital deployment strategies
Dechert LLP In 2018, the global private equity (PE) industry continued to make deals, pursue exits and raise capital. Limited partners (LPs) remain committed to investment in funds and portfolio companies alike, and continue to provide fresh capital as part...
Corporate deal flows and private funds
Skadden, Arps, Slate, Meagher & Flom LLP The drive by leading institutional investors (LPs) to deploy large amounts of capital in accordance with their internal allocation needs has presented new opportunities for established fund sponsors and new fund sponsors alike. This article focuses on fund sponsorship...
Do not forget corporate venture groups when you are looking for capital
NewCap Partners Early stage technology companies should not overlook large corporations when looking for early stage capital. Corporate venture capital (CVC) groups regularly invest in new technologies that are compatible with or disruptive to their existing operations...
Private equity: legal, regulatory and compliance risks
Hogan Lovells International LLP Separate legal personality and limited liability are both fundamental principles of English corporate law and the foundation of the modern market economy. For these reasons English courts are reluctant to ignore a company’s separate legal personality, ‘pierce...
TALKINGpoint
Enhancing compliance programmes for sanctions and anti-corruption in APAC
FW moderates a discussion between Nick Parfitt and Christophe Barel at Acuris Risk Intelligence on enhancing compliance programmes for sanctions and anti-corruption in APAC.
DEALfront
mergers & acquisitions
Abbvie to buy Allergan in $63bn deal
Drug manufacturer Abbvie Inc is to acquire Irish rival Allergan Plc for around $63bn in a cash and stock transaction. The deal, which is subject to shareholder and regulatory approval, will create a pharmaceutical giant with a significantly enhanced...
Eldorado agrees $8.5bn Caesars merger
Creating the largest gaming company in the US, casino-entertainment companies Eldorado Resorts, Inc and Caesars Entertainment Corporation are to merge in a transaction valued at $8.5bn. The definitive agreement will see Eldorado acquire all of the...
private equity & venture capital
Merlin taken private in $7.5bn deal
A consortium including private equity giant Blackstone, the Canada Pension Plan Investment Board (CPPIB) and KIRKBI, an investment vehicle controlled by the founding family of the Lego brand, have agreed a deal to acquire Merlin Entertainments for around $7.5bn...
Brookfield and GIC to buy Genesee & Wyoming for $6.4bn
In a transaction valued at approximately $6.4bn, including debt, railroad operator Genesee & Wyoming (G&W) Inc is to be acquired by a private equity (PE) consortium consisting of Brookfield Infrastructure and its institutional partners, and...
bankruptcy & corporate restructuring
Blackjewel files for Chapter 11
In a move to reduce its debt and enhance its financial stability, coal producer Blackjewel LLC, as well as a number of its affiliated entities, has filed voluntary petitions for reorganisation under Chapter 11 of the US Bankruptcy Code. Blackjewel has filed various...
Exco Resources emerges from bankruptcy
In July, independent energy producer Exco Resources announced that it had successfully completed its financial restructuring and emerged from Chapter 11 bankruptcy, having reduced its debt by more than $1.1bn. The company filed for bankruptcy protection...
PROFESSIONALinsight
Subject access requests and identity verification: navigating a data controller’s catch-22
Shook, Hardy & Bacon LLP No longer is the bark of sanctions for violating the European Union’s General Data Protection Regulation (GDPR) worse than its bite. With its recent issuance of back-to-back fines against British Airways and Marriott International totalling more than £282m...
How to leverage the GDPR for CCPA compliance
Fieldfisher The California Consumer Privacy Act (CCPA) has been fêted as California’s answer to the European Union’s (EU’s) General Data Protection Regulation (GDPR), which marked a watershed moment for privacy law when it came into force last year. However, despite...
The EU GDPR’s impact on ASEAN data protection law
Zaid Ibrahim & Co. Technology and the rise of the digital economy has transformed our lives for the better in many ways. However, data breaches and data security threats loom over us. The incident involving Cambridge Analytica in 2018 – where millions of Facebook users’ data...
SPOTlight
New trends in restructuring raise the stakes for reputation management
Edelman In the next few years, we can expect to see a rapid rise in corporate restructurings, insolvency issues and bankruptcies, as over 60,000 corporate bonds with an S&P rating of BBB or below mature in 2020 and 2021, according to Bloomberg data...
#MeToo: legal and practical concerns for companies and boards
Jenner & Block The #MeToo era is not only a cultural phenomenon, but also represents significant potential liability exposure to companies of all sizes, as well as risk to reputation and employee morale. Keep in mind that #MeToo is not necessarily about increased incidents of harassment...
CONTRIBUTORS
Acuris Risk Intelligence
Alvarez & Marsal Disputes and Investigations, LLC
Ambridge Europe Limited
AXA XL
Dechert LLP
Deloitte LLP
Edelman
Euclid Transactional
Fieldfisher
Great American Insurance Group
Hogan Lovells International LLP
Jenner & Block
NewCap Partners
Preqin
Risk Strategies
Shook, Hardy & Bacon LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Tokio Marine HCC
Zaid Ibrahim & Co.