Explore the latest webcasts
Staying on top of all the legal issues for your day-to-day activities and corporate life events in many jurisdictions is a challenge, especially in this current environment. That's why Deloitte Legal launched Dbriefs, live webcasts, to help you gain insights on key legal trends and critical issues affecting your global business operations.
Token issuance: Gain insight into the legal operating models around token issuance in the ICO and crypto market
Albeit the ICO and crypto market is in its post hype winter after the big collapse of crypto currencies and ICOs in 2018, a silver lining is noticeable with major regulators admitting first companies with crypto/token bearing products. With its market cap still being north of USD 135 bn. with plus 3000 different tradeable tokens, new products surface the markets as the likes of security token offerings (STOs). This new more mature wave of token models might have the potential to spur mass adoption and enter the corporation realms. As soon as the maturity of market increases after the 2018 dent, survivors are more likely to have sounder businesses, emerging custodial services can boost re-gained trust further. Companies start to act now as legal frameworks are establishing and competitors are prepping up and are thinking about entering this still infant type of financing/utility instruments face many challenging decisions in order to avoid mistakes driven by a fear of missing out. The entire lifecycle of token emissions needs to be taken into consideration, starting with the strategy, whether or not to issue tokens, the choice of the token type and the token design and execution of the offering. As this is highly regulatory driven and has a manifold of legal ramifications, a key determinant of the success of the token offering lies with the legal structure and set-up. What should be considered to help them take the right design decisions? In this Legal Dbriefs, we'll discuss:
- Market overview.
- Token spectrum.
- Regulatory challenges.
- Tax structure.
- Token design considerations.
Gain insight into the factors to consider whilst designing your legal operating model around token issuance. The topic should be of interest across business units, but with its focus on legal aspects in particular to general counsels and innovation teams of start-ups up to multinational companies, heads of operations for in-house legal functions, legal COOs, legal CFOs, and in-house legal practitioners.
3 April, 12:00 – 1:00 PM CEST (GMT +2)
Benefits and incentives given by European States: Making sure your company can keep them. A state aid primer.
Although the general prohibition on state aid and exemptions are part of the European Union rule books since 1958 and state aid spending is ever increasing, with approximately EUR 116.2 billion spent in 2017, for a long time, the European Union’s state aid rules were not on the radar of EU and
non-EU companies. In the last few years, however, the European Commission is cracking down on state aid even more than before. This is why companies must be aware of state aid risks and think twice before accepting state subsidies, tax breaks, cheap land, R&D grants, etc. If they do not act diligently, companies may end up refunding the state aid, increased with a substantial recovery interest rate. In this session, specialists from Deloitte Legal and Deloitte, with a proven track record in ensuring compliance of subsidies with state aid rules and substantial litigation experience, including before the European Court of Justice, will:
- Explain the basics of state aid (what is state aid, who are the stakeholders, what are the incentives).
- Zoom in on the current issue of state aid and taxation (individual tax rulings, taxation schemes, way forward).
- Describe approaches that can be undertaken in the area of R&D and government funding.
- Discuss the impact of corporate restructuring in one/more EU Member State(s) on the eligibility for regional aid in other EU Member States.
Specialists from our Brussels, Madrid, and Budapest offices will provide practical insights into this challenging area of law and guide you on how to manage state aid issues.
20 March, 4:00 – 5:00 PM CET (GMT +1)
How to design and optimize your Legal Operating Model
Companies face many challenging decisions in designing their Legal Operating Model. What should Legal functions be considering to help them take the right design decisions? We will discuss:
- What do we mean by an Operating Model?
- A representation of a typical Legal Operating Model.
- Diagnosing the Operating Model.
- Design consideration 1: Building a service catalogue for an in-house Legal Function.
- Design consideration 2: In-house v Outsource.
Gain insight into the factors to consider whilst designing your Legal Operating model. The topic should be of interest to General counsels at multinational companies, Heads of Operations for
in-house Legal functions, Legal COOs, Legal CFOs, and in-house Legal practitioners.
27 February, 12:00 – 1:00 PM CET (GMT+1)
Final settlement agreements between employer and employee: A comparative study
Final settlement agreements are appropriate in the employment relationship to minimize the risk of a claim from the employee. Each settlement agreement is unique because the circumstances of each case are different, and different jurisdictions have different limitations, groundings, and enforceability. This webcast will provide a comparative study among China, France, Portugal, and Spain. In particular, we'll discuss:
- Definition of the settlement agreement and main difference with the mutual termination agreement.
- Practical impacts on the settlement agreement on the employer-employee relationship.
- Conditions for the settlement agreement to be valid.
- Favorable social and tax treatment of the settlement indemnity paid to the ex-employee.
Learn more from Deloitte's employment law specialists to get a deeper understanding of how different legal framework works on final settlement agreements.
5 December, 12:00 – 1:00 PM CEST (GMT +1)
International dismissal of employees in a changing environment
Companies often struggle with the dismissal of employees in an international perspective. They wonder about the cost associated with a dismissal in a given country, the formalities that need to be complied with, impact of legislative changes, etc. What important issues should HR leaders factor into their plans? We’ll discuss:
- Main findings of the 2018 international dismissal survey, which includes over 45 countries.
- Insights on the related cost, the formalities per country, the balance of power between employer and labor courts regarding dismissal, derogative framework for managing directors.
- The (changing) employment and dismissal landscape in a selected number of countries.
- The need for a governance model regarding dismissal.
Gain insights into legal and practical issues potentially affecting multinational companies that seek to conduct international dismissal.
11 April, 12:00 – 1:00 PM CEST (GMT +2)
Data Protection: Practical aspects and concerns on key elements introduced by the EU General Data Protection Regulation (GDPR)
After nearly two years from the approval of the EU General Data Protection Regulation (GDPR) in April 2016, we are entering the final stretch of its effective entry into force, May 2018. The GDPR, as it has been discussed in former sessions, introduces significant material changes on some of the core concepts of data protection, as for example consent or information duty. Companies face additional requirements and severe penalties for non-compliance. Even though the deadline to comply with the new requisites introduced by the GDPR approaches, there still many companies that hesitate on how to implement the new elements in a way that would not negatively affect their business or supposes disproportionate efforts. The new obligations and characteristics introduced by the GDPR entail not only changes in the legal policies but also in organizational strategies and technical developments. Therefore, the interpretation of the new elements introduced by the GDPR has to be performed from a perspective in which requisites and obligations are balanced with the business strategies. We'll discuss:
• New obligations of third parties and new requisites applicable to third parties contracts – how to deal with data processors negotiations and contracts under the GDPR new scenario.
• Main changes in the implementation of consents and information – how those changes could be articulated on your current data protection policies.
• New rights and data retention – how to deal with the answer to the new rights and data blockage/anonymization possibilities.
Hear from Deloitte's Legal and Risk team of specialists to get a deeper understanding on the interpretation in practice of the key elements of the GDPR that may be determinant on your businesses and compliance strategies.
Aired on 14 March
Macron ordinances: Significant revision of the French labor law
Ordinances reforming French employment law were issued on 23 September 2017, with a view to providing more security and more flexibility to work relationships between employers and employees, as well as simplifying some French employment law provisions. As part of these ordinances, we will discuss a number of measures impacting a wide range of employment law subject matters, including:
• New rules governing the grounds of dismissals.
• Statutory definition of the framework to assess the economic ground of dismissal, the elimination of the redeployment obligation abroad and the simplification of the redeployment offers.
• Implementation of a scale to determine the amount of damages to be granted by the judges in case of a wrongful dismissal.
• Reduction of the statute of limitation of court actions in case of claims for wrongful termination.
• Possibility to enter into a collective bargaining agreement resulting into employees’ voluntary departures without application of the redundancy legislation.
• Possibility to enter into a collective bargaining agreement to modify the employees’ contractual terms and conditions related to remuneration, working time, place of work, and job description.
• Merger of the current staff representative bodies (Staff Delegates, Works Council, and Health and Safety Committee) into one single Social and Economic Committee (CSE).
Learn more to get practical ideas on how these ordinances will impact day-to-day work relationships in France.
Aired on 14 February
Acquiring a distressed business under pre-insolvency or insolvency proceedings: "How to use" guide for investors in Europe
According to the European Commission, 50% of new businesses survive less than 5 years, causing 200,000 annual bankruptcies and the destruction of 1,700,000 jobs. However, the insolvency rates in the EU are falling in the last few years and the index of confidence of economic stakeholders published by the European Commission has recently reached its highest level for more than a decade. In this new favorable context, investors are more motivated for taking over distressed businesses, especially in some leading sectors. These takeovers prevent many companies from liquidation and thus contribute to save employment. We will provide to purchasers who contemplate to acquire a distressed company a "how to use" guide of the best practices in Belgium, France, Germany, Spain, and the UK, specifically:
- Overview of the best practices and procedures.
- In and out of court process.
- Within pre-insolvency or insolvency situations.
- Share deal or asset deal?
- Step plan, key issues, specificities, and pros and cons of each practice.
- Practical implications and challenges.
Hear from the Deloitte's Legal and Financial Advisory specialists to get practical ideas on acquiring a distressed business.
Aired on 13 December
Managing compliance risks in M&A transactions
Today, economic crime is gaining more and more attention to global regulators. Global players face fines of millions, even billions of dollars, for crimes committed within their sphere of responsibility. While at least the big companies have started to work intensely on their internal Compliance Management Systems, many of them have not yet thought about external compliance risks – resulting from business partners, joint venture partners, or M&A-targets. In this Dbriefs, we'll focus on external compliance risks resulting from M&A-targets with special insights on:
- Why compliance due diligence should be exercised.
- How compliance due diligence could be performed.
- What impact red flags / findings could have on the deal structure.
- Which possibilities you have to address red flags in M&A-contracts.
Gain insights and learn how corporate entities and executives can minimize liability risks.
Aired on 6 December
Foreign investor's acquisition under the China's new foreign direct investment (FDI) Regulatory Scheme – New record-filing system
On 30 July 2017, the Ministry of Commerce of China issued the newly revised version of the Provisional Measures on Administration of Filing for Establishment and Change of Foreign Investment Enterprises. Under this revised version, the
record-filing system, as a new regulatory system, was launched for acquisition of Chinese domestic enterprises by foreign investors, and the old approval system has been abolished. The process of acquisition by foreign investors is significantly simplified under the new record-filing system.
- Background of the new record-filing system.
- Definition and forms of foreign acquisitions.
- Scope of foreign acquisitions subject to the record-filing system and exceptions.
- Impacts on foreign acquisitions.
Stay informed about the current developments and learn about what will become of foreign investment in China.
Aired on 30 November
Insights from Deloitte's 2017 Human Capital Trends: Flexible employment in the gig economy
The Deloitte's Human Capital Trends 2017 shows that the future of work has arrived now. Companies can no longer consider their workforce to be only the employees on their balance sheet, but must include interim workers, freelancers, "gig economy" workers, and crowds. These on- and off-balance sheet workers are being augmented with machines and software. Further, both companies and employees are increasingly demanding flexibility in terms of rewards, working time, and work location. We'll discuss:
- The concept of flexible resources, with focus on types of flexible resources, legal conditions, and points of attention.
- The flexibilities that companies have to change their resources' function, location, and working time in order to meet changing demands
Learn more to get practical ideas on how to shape the workforce of the future.
Aired on 5 October
Industries - Financial Services
Non-performing loan (NPL) transactions in Europe: Key legal and financial aspects
27 September, 12:00 – 1:00 PM CEST (GMT +2)
Host: Andrei Burz Pinzaru
A number of banks in Europe are still experiencing high levels of non-performing loans (NPLs). These NPL levels have a negative impact on bank lending, internal resources, and capital constraints of a bank. The last two years we have seen a flurry of political and supervisory activities focused on tackling the overhang on NPLs in the European market which have led in disposals of loan portfolios by many banks. According to the "Transparency Exercise" of the European Banking Authority just over Euro 1 trillion of NPLs are still on bank's books in the Eurozone. We will give an overview about regulatory and political initiatives and discuss this with a focus on transaction specifics in Central Europe, Spain, Germany, Luxembourg and Italy:
- Deleveraging the European banking sector: outline of current regulatory and political initiatives.
- Key legal issues in NPL transfer documentation in Central Europe.
- Legal features of NPL acquisitions in Spain.
- Legal due diligence in NPL deals in Germany: main aspects to be considered.
- Structuring the acquisition: using Luxembourg securitization vehicles in NPL acquisitions.
- Structuring NPL deals to maximize value extraction from an Italian perspective.
Enhance your understanding of the specific features and legal issues of NPLs in various key European countries that may impact your company.
Aired on 27 September
Restrictive covenants and competition clauses in European employment contracts: A hindrance or protection?
Restrictive covenants are one of the only limitations on the freedom to provide services to workers. In order to keep such clauses valid and applicable, it is necessary to comply with a series of relevant legal requirements that may vary according to the jurisdiction in question. The difference between the validity or invalidity of a clause may be motivated by failure to comply with a statutory requirement. We will analyze the content of the restrictive covenants with special attention in the followings:
- Analysis of the legal requirements.
- Maximum terms.
- Compensation requirements.
- Types of restrictive covenants.
- Application of the restrictive covenants in the different jurisdictions.
Learn and benefit from the Deloitte experts to get practical ideas for employers dealing with restrictive covenants issues across a number of countries.
Aired on 21 June
Global regulatory crisis management: New trends and future best practices
The regulatory framework for corporations and corporate executives is becoming more and more complex. With liability expanding from direct involvement in regulatory violations or criminal activities to indirect or circumstantial "complicity", there is an increasing tendency for regulatory authorities to not only focus on business entities, but also on "targeting" corporate executives. Business-driven integrity is what makes legally compliant behavior on the part of the company's management bodies and employees possible. While prohibition-driven compliance programs serve the purpose of avoiding punishment and are therefore often viewed as a hindrance or a cost center, the business-driven integrity approach aims at adding value and therefore, at achieving a competitive advantage. Which are the key elements of business-driven integrity and how can they support an effective regulatory crisis management? We'll discuss:
- Introduction – the need for international risk management.
- An integrated approach – managing "dawn raid" situations and internal investigations.
- Market abuse: new European legislation and the need for compliance programs.
- Fraud: an international perspective.
Hear from the Deloitte's inter-disciplinary team of experts about new trends and future best practices to have a better understanding of how to truly manage regulatory crisis situations, and thus minimize liability risks for corporate entities and executives.
Aired on 24 May
Posted Workers Directive: New employers' obligations across Europe
Directive 2014/67/EU is implemented in several European countries and will have high impact on companies' international mobility plans and procedures across Europe. We will cover the main attention points with a special focus on the legal environment in targeted countries (Italy, Poland, Spain, The Netherlands, etc.):
- Local labour conditions to be applied to seconded employees.
- New secondment declarations / notifications.
- New compliance requirements (social documents, contact person, etc.) and liability mechanisms.
- Employers' sanctions for non-compliance.
Gain insights from the Deloitte experts and have a better understanding of your new liabilities as sending employer.
Aired on 29 March
Brexit from the Legal perspective: Are you ready?
Brexit will have a huge impact on a number of very important aspects of doing business within or with the UK. Strategic decisions need to be made by international businesses and organizations on how they should respond to the changing environment. Legal questions are at the core of the strategic implications and practical implications. What legal areas are impacted by the UK leaving the EU? How can companies prepare for "Brexit" turning into a reality? What challenges lie ahead? Have you identified and covered the risks and unlocked the opportunities that might arise? This Dbriefs will make "Brexit" tangible for you, by highlighting the following points:
- Different scenarios for Brexit: What would a "hard" Brexit look like? Will the UK end up in a trade position (with the EU) like Norway or Canada?
- Legal implications, for example:
– What consequences will Brexit have on certain legal forms or
– What restrictions on the free movement of workers are to be expected and how can multinationals prepare?
– Will the UK be a "third country" with regard to personal data and data protection?
- Possible responses and implementation.
Gain insights on these issues and be prepared for the upcoming challenges.
Aired on 21 March
Certificate of Attendance
A standard Certificate of Attendance will be made available to participants of the Dbriefs Legal webcast programme. Please be advised that participants will consult their CLE / CPD / CPE accrediting agency to determine whether self-study credit can be earned for viewing our webcast programme.