Latham.London

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Private Bank Briefing – March 2021

March 31, 2021

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By Rob Moulton, Nicola Higgs, Anne Mainwaring, Becky Critchley, and Anna Lewis-Martinez The latest edition of our Private Bank Briefing provides a roundup of legal and compliance issues impacting private banks and their clients from Q1 2021. In this edition, we cover some of the key regulatory announcements relating to MiFID II and the impact of COVID-19, the latest on Brexit, the FCA’s announcement on the dates for cessation of LIBOR…

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Remote Evidence in English Courts: Some Timely Reminders

By Latham & Watkins LLP

March 22, 2021

Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. By Dan Smith The COVID-19 pandemic has (albeit by necessity) ushered in a move towards remote justice. The vaccine rollout continues, and as lockdown restrictions begin to ease, English courts are now considering to what extent that move towards remote justice should continue. Most likely, remote hearings will continue in appropriate cases. Against this background, the…

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Proposal for the Digital Services Act

By Latham & Watkins LLP

March 17, 2021

The long-awaited update to the e-Commerce Directive proposes new obligations for online platforms and changes to the ‘safe harbours’ from liability for infringing content. By Jean-Luc Juhan, Deborah J. Kirk, Elisabetta Righini, Thies Deike, Grace E. Erskine, Alain Traill, and Amy Smyth On 15 December 2020, the European Commission released a set of long-awaited proposals to create a safer and fairer digital space, including the Digital Services Act (DSA)…

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Rising Regulation Requires Agility from M&A Deal Teams

By Latham & Watkins LLP

March 17, 2021

In the 2021 edition of IFLR’s M&A Report, Latham & Watkins considers key developments likely to impact M&A in 2021, and how dealmaking is likely to progress in light of these developments. By Nick Cline, Robbie McLaren, Douglas Abernethy, Richard Butterwick, and Catherine Campbell If 2020 was the year that COVID-19 precipitated extraordinary government intervention and regulation of our lives, 2021 looks set to be the year that regulatory interventions in…

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PE Goes Gaming

By Latham & Watkins LLP

March 16, 2021

Despite certain regulatory and challenges, PE buyers will likely see more investment opportunities in the gaming industry. By Neil Campbell, Greg Roussel, Mike Turner, Adam Czernikiewicz, David Walker, Tom Evans, and Catherine Campbell The global gaming market reached a valuation of US$135.8 billion in 2020, accounting for a staggering 53.3% of the digital media industry. Further, global video game revenue in 2020 jumped by 20% to US$179.7 billion, making…

Latham.London

Exploring IPOs with Dual Class Shares — Emerging Possibilities for PE

By Latham & Watkins LLP

March 16, 2021

Dual class share structures could help lure Europe’s best founder-driven businesses to the London market, but challenges remain. By Sarah Axtell, Tad Freese, Chris Horton, Rick Kline, Anna Ngo, Koushik Prasad, David Walker, Tom Evans, and Catherine Campbell Listing of dual class share structures, which give certain owners (usually founders, employees, and pre-IPO investors) enhanced voting rights over other public shareholders, are increasingly common in the US…

Latham.London

Pandemic Underlines Whistleblowing Risks for PE

By Latham & Watkins LLP

March 16, 2021

In a changing social landscape, PE firms should conduct corporate culture due diligence while also ensuring the implementation of robust complaints procedures. By David Berman, Sarah Gadd, Joe Farrell, Nell Perks, David Walker, Tom Evans, and Catherine Campbell As global businesses react to the pandemic and social movements, PE firms should remain watchful for whistleblowing issues involving both portfolio and target companies. We anticipate a significant increase in the…

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Creative Uses of Collateral Present New Financing Opportunities for PE

By Latham & Watkins LLP

March 16, 2021

Innovative asset-based lending is on the rise as a means of attracting new lenders while maintaining the strategic support of existing creditors. By Francesco Lione, David Walker, Tom Evans, and Catherine Campbell Raising fresh capital for portfolio companies in times of financial stress is always a delicate balancing act between attracting new lenders and maintaining the strategic support of existing creditors. The almost instantaneous halt in cash flows and scramble for new…

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Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

By Latham & Watkins LLP

March 5, 2021

The decision clarifies the circumstances under which an arbitral award might be challenged. By Philip Clifford QC A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an obligation to negotiate) calls into question the admissibility of a claim, rather than calling into question the jurisdiction of the arbitrators to hear such a claim. As parties to arbitration can only challenge an award through the…

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Independent Review Provides Recommendations for Improving UK Listing Regime

By Latham & Watkins LLP

March 3, 2021

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The recommended reforms aim to make the UK’s listing regime more competitive while maintaining high standards of corporate governance, shareholder rights, and transparency. By Chris Horton, James Inness, and Anna Ngo A new independent review (the Review), led by Lord Hill, has been released that provides recommendations on how the UK can improve its listings regime. Published on 3 March 2021, the Review aims to impart recommendations that will improve the process of…

Latham.London

Insights and opinions on the latest legal, regulatory and market developments impacting international business

Private Bank Briefing – March 2021

Remote Evidence in English Courts: Some Timely Reminders

Proposal for the Digital Services Act

Rising Regulation Requires Agility from M&A Deal Teams

PE Goes Gaming

Exploring IPOs with Dual Class Shares — Emerging Possibilities for PE

Pandemic Underlines Whistleblowing Risks for PE

Creative Uses of Collateral Present New Financing Opportunities for PE

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

Independent Review Provides Recommendations for Improving UK Listing Regime

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