Clifford Chance

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  Restructuring and insolvency – maximising value in distressed cross-border real estate

  28 March 2023

  We are continuing to see stress in the real estate sector, with rising refinancing costs and asset values below their peaks. Our multi-jurisdictional speaker panel which featured Delphine Caramalli, Andrew Carnegie, Stefanie Ferring, Tim Lees and Diana Schoch identified the important legal and commercial considerations for stakeholders to take into account to ensure that they maximise their returns. They also considered the range of contractual and non-contractual options being used to rebalance capital structures.

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  Insights on ESG | Navigating Litigation and Enforcement Risk

  30 March 2023

  Clifford Chance is delighted to invite you to a webinar on ESG litigation and risk management. The webinar will explore emerging trends in ESG related litigation and enforcement action and discuss the steps firms in EU, UK and US should be taking to manage risks and address the challenges brought about by a growing roster of stakeholders seeking to hold market participants to account.

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  Distributed Ledger Technology and European financial services – the impact of the new EU Pilot Regime

  30 March 2023

  Our panellists will discuss the new EU Pilot Regime (which took effect on 23 March 2023) for distributed ledger technology (DLT), and the extent to which its success or failure will impact the adoption of DLT in financial services in Europe. We will compare the new regime with the UK’s financial market infrastructure sandbox proposal, as well as consider digital bond issuances and the link between the development of DLT market infrastructures and the tokenisation of financial products both in the EU and UK.

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  European Perspectives | Risk Series | Criminal Tax Investigations: the New Norm Across Europe

  30 March 2023

  Criminal tax investigations, combined with civil tax enforcement, are by no means a new feature of the European landscape. However, recent enforcement action originated by the European Public Prosecutors Office (EPPO) indicates that we can expect a substantial escalation from the carousel frauds that have been the typical target of EPPO since its inception. This signals a concerted effort, at European Union level, to leverage on criminal enforcement to recover taxpayers money.

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  Insights on Financial Regulation | The Regulatory Implications of Recent Banking Sector Turmoil

  3 April 2023

  In this webinar, our international panel will explore these questions and cover areas such as bank supervision, the future of ring-fencing, the adequacy of liquidity and concentration risk rules, the role of deposit guarantees, how bank run risk develops and how recent events may alter the way in which bank regulators act.

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  How to navigate crypto distress

  18 April 2023

  The cryptoasset markets are facing an extended period of volatility and uncertainty following the bankruptcy filings of significant market participants. Our international panel will discuss the key issues for crypto market participants right now, including the lessons learned from the recent market challenges and what steps businesses, regulators and other market participants should be taking to protect themselves against future liquidity and solvency concerns.

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  Securitisation regulation – a fork in the road

  25 April 2023

  The EU and UK have both undertaken reviews of their respective securitisation regulatory schemes in the last 18 months and we are at a point where it looks likely that the two jurisdictions will start to diverge. Our panellists will discuss the progress so far on either side of the channel and how the European securitisation markets might cope with the increasing divergence.

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  Bringing “back leverage” to the fore

  11 May 2023

  Private debt funds are increasingly making use of “back leverage” to enhance internal rates of return on their lending positions and to enable them to write the sizeable loans that traditionally were the preserve of investment banks, reflecting developments in the commercial real estate market and elsewhere, including risk retention financing. We have advised on a wide variety of back leverage structures in Europe and the US whether in the form of loan on loan, repo (both US and European), structured repos, total return swaps (TRS) and CRE collateralised loan obligations (CRE CLOs). We will discuss their principal features and some of the key market issues and trends.

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  Legal challenges for businesses arising from the crisis in Ukraine

  16 May 2023

  The consequences of Russia’s invasion of Ukraine have been far-reaching, impacting growth, inflation, energy, food and other supply chains. This has resulted in commercial pressure for a range of public and private entities. We will examine the legal risks and challenges they face, and the remedies and opportunities that may be available to them.

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  What you need to know about the industrial policy revolution

  23 May 2023

  Driven by the green transition, national security concerns, and commitments to support domestic production, countries are increasingly taking measures to develop green economies and energy systems, and to stimulate the production of green technologies at home. New legislation in the US, especially the Inflation Reduction Act of 2022, and EU responses (including the proposed Green Deal Industrial Plan for the Net-Zero Age) are creating new challenges and opportunities for clients. Our global team will examine these latest developments and likely future trends, and what all of this means for business.

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  Digital assets and private law

  23 May 2023

  Louise Gullifer, who is the first woman to be appointed to the prestigious role of Rouse Ball Professor of English law at Cambridge University, will talk to us in her capacity as a member of the UNIDROIT working group on Principles on digital assets and private law, and the implications for English law.

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  EU and UK debt prospectuses – the diverging outlook for listing, disclosure and offers

  6 June 2023

  The EU and the UK are currently revising their respective prospectus regimes. We will consider the context for the EU Listing Act proposals and draft illustrative UK Financial Services and Markets Act 2000 (Public Offers and Admissions to Trading) Regulations 2023 and associated changes, and will discuss the impact of diverging approaches.

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  Energy in transition – the role of decommissioning

  13 June 2023

  Decommissioning is an integral part of the energy transition journey. The move by oil and gas majors to decarbonise their operations often leads to a transfer of the ageing assets to new, and often under-resourced, players. This can create opportunities but is also fraught with complexities and challenges for both outgoing and incoming operators. We will discuss the key risks arising in decommissioning operations, offer suggestions on how to mitigate and manage those risks and key factors for any robust decommissioning strategy.

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  International data flows – navigating the global legal landscape

  15 June 2023

  The legal landscape for cross-border data sharing is complex and evolving. Privacy laws and data localisation requirements are developing globally, and data transfer is in the regulatory spotlight. Joining this legal landscape are legislative proposals requiring the sharing of certain data, which may include personal data. We will examine recent legal developments impacting data flows, related international cooperation efforts and how organisations can navigate the challenges of international data transfer.

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  EU and UK resolution frameworks for insurers – a new horizon

  20 June 2023

  2023 marks a turning point when it comes to insurance recovery and resolution, following the publication of the EU Commission’s legislative proposal for an Insurance Recovery and Resolution Directive (IRRD) and HM Treasury’s consultation for an Insurance Resolution Regime (IRR). Both proposals appear to be moving in a similar direction, namely, establishing insurance recovery and resolution frameworks similar to those we have seen on the banking side, and aligning the EU and the UK with international standards set by the Financial Stability Board. We will discuss how the proposed regimes will work, their differences and the implications for the EU and UK insurance sectors and groups.

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  Class actions – global trends

  22 June 2023

  The industries, products and focus of class actions is expanding and changing with the rise of ESG and a rapidly evolving regulatory and legal framework. Corporate accountability is increasingly demanded by society and Courts are responding to new and novel claims. The risk of class action claims, therefore, is only going to increase and businesses must be alive to the changing international landscape. We will discuss these global trends and the implications for businesses across all sectors.

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