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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.
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.
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.
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.
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.
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. In this webinar, our global team featuring David Evans, Epistimi Oikonomopoulou, James Pay, Janet Whittaker and Michelle Williams examined these latest developments and likely future trends, and what all of this means for business.
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. In this webinar, Jared Grubb, Olga Hamama, Moritz Keller, Michael Lyons, Adelina Prokop and Torsten Syrbe examined the legal risks and challenges for businesses, and the remedies and opportunities that may be available to them.
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). In this webinar, Clifford Chance lawyers Lee Askenazi, Fadzai Mandaza, Will Sutton and Will Winterton discussed their principal features and some of the key market issues and trends.
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. In this webinar, Clifford Chance panellists Andrew Bryan, Eduardo García, Kevin Ingram and Marijke van der Weide discussed the progress so far on either side of the channel and how the European securitisation markets might cope with the increasing divergence.
The cryptoasset markets are facing an extended period of volatility and uncertainty following the bankruptcy filings of significant market participants. In this webinar, our international panel featuring Donna Wacker, Tim Lees, Riccardo Coassin, Laura Douglas and Robert Johnson discussed 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.
Our panellists Elise Soucie, Associate Director, Technology & Operations at AFME, along with Clifford Chance speakers Diego Ballon Ossio, Christian Hissnauer, Laura Scaglioni and Alexander Tollast discussed 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. Our panel of experts also compared the new regime with the UK’s financial market infrastructure sandbox proposal, as well as considered 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.
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.
With increasing global demand for batteries to power the clean energy transition (including in automobiles), the opportunities and risks are multiplying. In this webinar, our international team featuring Michelle Williams, Thomas Voland, Rae Lindsay, James Pay, Vicky Ma and Peter Hughes surveyed the issues arising from new technology, new markets, and new deals, including those associated with mineral extraction (human rights and supply chain), regulatory changes and the race to find funding.
Clifford Chance lawyers Claire Freeman, Christopher Ingham, Paget Dare Bryan, Giles Allison and Guy Burkitt offered an interactive analysis of recent English case law of significance for the financial markets. This included the circumstances when banks must disregard their customers and when directors must disregard their shareholders. We also covered when anti-assignment clauses allow defendants to disregard subrogated insurers and when ISDA events of default may never be disregarded.
Competition authorities around the world have increased their focus on fintech as part of a broader increase in intervention in financial services and tech markets. Deals have been blocked, fines have been imposed and fintech firms taken to court. Our guest speaker Dr Liza Lovdahl Gormsen (FCA) along with Clifford Chance experts Tim Cornell, Michael Dietrich, Marian Scheele and Daniel Schwarz, discussed the risks and opportunities that come from new developments and legislative reforms.
Clifford Chance are committed to helping our clients stay ahead of legal and market trends, and hold regular seminars, training and events. In the Autumn 2022 Perspectives Series, we welcome guest speakers and experts from across the Clifford Chance network to present on a range of legal and business topics.
Clifford Chance are committed to helping our clients stay ahead of legal and market trends, and hold regular seminars, training and events. In the Spring 2022 Perspectives Series, we welcome guest speakers and experts from across the Clifford Chance network to present on a range of legal and business topics.
Clifford Chance are committed to helping our clients stay ahead of legal and market trends, and hold regular seminars, training and events. In the Autumn 2021 Perspectives Series, we welcomed guest speakers and experts from across the Clifford Chance network to present on a range of legal and business topics.
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