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.
Covid-19 vaccination protocols from a legal perspective
With COVID-19 vaccination taking place throughout Europe and the United States, employers should be evaluating several issues that may impact their workforce, including whether they can make vaccination mandatory, how to encourage their workforce to get vaccinated, if they can request for employee’s vaccination status, etc. What legal actions can employers take on their workforce with respect to vaccination? We’ll discuss:
- Whether employers can impose vaccination of their workforce?
- If not, what other measures employers can take.
- Whether employers can organise their own vaccination programme.
- Lessons learned.
16 June, 1:00 – 2:00 PM CEST (GMT +2)
Negotiation of M&A contracts in Covid-19 times: Lessons learned
The Covid-19 pandemic has sent a shockwave around the world and brought much of life to a grinding halt. It does not seem to have done the same for M&A, as transaction numbers remain steady and the market even seems to thrive. But if the volume of transactions has not changed, then what has? Our webcast will present viewpoints on this matter from across Europe and will dive deeper into the actual effects of Covid-19 on the M&A practice. Did what we expected at the beginning of the pandemic actually materialise? We'll discuss:
- M&A and Covid-19: it goes on (current market overview).
- Negotiation long distance – impact on timing and outcome of transactions?
- A shift towards a buyer's market: expectations challenged
- Deal certainty.
- Due diligence.
- Price: determination and payment.
- Risk allocation mechanisms.
- Specific contractual (Term sheet/SPA) clauses.
- Virtual signings and closings across Europe, where are we?
Gain an insight on the current M&A trends and Covid-19 impact from our M&A specialists on the Dbriefs Legal webcast panel.
25 May, 12:00 – 1:00 PM CEST (GMT +2)
Hot topics in cross-border employment: Brexit and the Posted Workers Directive (PWD): Local implementation in different EU countries
In the field of cross-border employment, Brexit and on the revision of the Posted Workers Directive (PWD) are the main change driver at the moment. We will provide you with an overview of the state of play of these two hot topics.
With the end of the Brexit transition period on 31 December 2020 and the conclusion of the Trade and Cooperation Agreement, the EU has entered into a new era in its relationship with the UK. We look at the employment law, immigration and social security consequences for employers and what may lie ahead.
Since July 2020, employers sending workers across the EU have to take into account the stricter rules of the revised PWD. This directive introduces an "equal pay for equal work" principle and additional obligations regarding compliance with the host country's labor law. In this session, we will zoom in on the impact of the revised PWD from an employer's perspective and specifically on:
- New PWD obligations for employers.
- Current state of transposition in EU countries.
- Managing PWD and equal pay for assignees and business travelers.
31 March, 13:00 CEST (GMT+2)
The M&A Market In EMEA And Practical Considerations For Transactions In 2021
The pandemic of 2020 caused upheaval for businesses across the world. Uncertainties remain, but while lack of preparation was an issue at the beginning of 2020, it no longer needs to be an obstacle as businesses can identify the opportunities available to them now so as to better position themselves for success in 2021 and beyond. What can your organisation do to prepare for transactions in 2021? We’ll discuss:
- The M&A market in EMEA.
- Practical tax considerations for transactions in 2021.
- What legal aspects to consider for transactions in 2021.
- Understand the potential impact of the market on your transaction strategy.
24 February, 13:00 CET
Remote work: Comparative analysis on local legislations in Canada, China, Germany, and the U.S.
Whilst companies begin to reopen their offices in different parts of the world, many employees are working from home and may continue to work remotely after the pandemic is over. Employers need to be aware of how employment laws apply to the remote workplace, including hours of work, safety / injury reporting, confidential information, home network security, etc. Our webinar will present a comparative analysis of approaches in different geographies. In particular, we’ll discuss:
- New local laws, regulations, and policies for remote working.
- Practical issues and suggestions for the months ahead.
- A checklist of other related points: taxation (including permanent establishment), immigration, and talent retention (managing employee concerns).
Join our Deloitte specialists who will share lessons learned, best practice, and identify priorities for employers in the next phase.
9 December, 12:00 – 1:00 PM CET (GMT +1)
Data Protection: Lessons learned from the COVID-19 lockdown and how best to prepare for a second lockdown
The outbreak of the COVID-19 has significant impact on different areas including data protection. In case of a second lockdown, what measures and policies should your organization have in place? Are the temporary measures implemented in the first lockdown useful and applicable in a second lockdown? We’ll discuss:
- If a vaccine is developed:
- Can you write a policy to ask people to declare whether or not they have been vaccinated?
- Can you keep a log and force people to do it?
- Would the EU/governments be open to changing data privacy laws to allow this for exceptional circumstances like pandemics?
- If an effective treatment is found:
- COVID-19 will then turn into something more like an everyday sickness, do you then abolish your policies or keep it in case something similar happens with a different disease?
- Can you ask employees in their contracts to opt into disclosure of health information and what are the consequences?
- How to build a resilient Data Privacy Organization and a data privacy compliant crises management?
Join our Deloitte specialists who will share the lessons learned and what can be done in the next phase from a data protection perspective.
23 September, 12:00 – 1:00 PM CEST (GMT +2)
Contract Lifecycle Management: Unlock the power of your contracts
Managing contracts can be a formidable challenge for a company. This is all the more true as human-language – and even paper-based – contracts are still prevalent. Modern Contract Lifecycle Management (CLM) tools have evolved to be much more than just a repository of contracts. They provide alerts on contract life events, empower in-house lawyers and business users with automated contract drafting and provide detailed analytics insights. Advanced CLM applications will even manage the contract negotiation process. We’ll discuss:
- What functionality you can expect from a state-of-the-art CLM tool.
- The anatomy of a CLM implementation project.
- Business case for CLM, both in terms of contract types and the use of the technology itself.
Gain practical insights from our Legal and Tax specialists on the importance of CLM and the best practices of the CLM tools.
28 May, 12:00 – 1:00 PM CEST (GMT +2)
Contract review and analysis in unprecedented uncertainty
COVID-19 is causing unprecedented disruption to global business. Organisations are looking to identify and mitigate the operational, economic, and business risks emanating from this pandemic. All departments will likely be impacted, including your legal department. Understanding what your contracts entail concerning potentially relevant provisions to the non-performance of contractual obligations is one in a number of crucial steps in helping to develop appropriate mitigation plans. We'll discuss:
- Identification and collation of impacted contracts.
- Contract culling strategies.
- Leveraging AI and legal managed services to identify potentially relevant clauses, such as Force Majeure, BCP, Notice, and others identified by in-house and outside counsel.
- Enhancing extracted contractual data with information from ERP, procurement, and finance systems.
- Counter-party notification, reach out, and remediation.
Join us to learn more about contract reviews and how to mitigate the risks impacting your organisation.
21 May, 5:00 – 6:00 PM CEST (GMT +2)
Investment management: The investment tools and market trends in Spain, Portugal, Switzerland, and Luxembourg
In a more and more complex and regulated environment, investors and managers want safe, flexible, cost efficient, and global investment structures. To make their choice, many elements are to be analyzed: eligibility of assets, eligibility of investors, level of supervision, availability of the European passport, roles of external service providers, establishment and running costs, tax efficiency, etc. In this webcast, our multi-jurisdiction team of lawyers will present an overview of the latest trends in Spain, Portugal, Switzerland, and Luxembourg, and will introduce the features of one or more performing collective investment vehicles available in these countries. In particular, we’ll discuss:
- General overview of the markets.
- Luxembourg Reserved Alternative Investment Fund.
- Portuguese REIT regime.
- Spanish REIT regime.
- Swiss Limited Partnership for Collective Capital Investments and the future Limited Qualified Investor Fund.
Join us to learn more about the complex investment management in major jurisdictions in the region.
6 May, 12:00 – 1:00 PM CEST (GMT +2)
State aid in times of COVID-19: A practical overview of the coordinated response by the European Commission and Member States
The outbreak of the COVID-19 infection has an undeniably significant economic impact. Almost all Member States have already announced or implemented support measures for citizens or companies. State aid spending in the context of COVID-19 is increasing exponentially on a daily basis and in all industry sectors, with more than EUR 600 billion spent by Member States since the beginning of the outbreak.
The European Commission is showing a much-desired flexibility and readiness through the adoption of a Temporary Framework to enable Member States to support the economy within the boundaries of competition law. Even so, companies must be aware of State aid risks and think twice before accepting state subsidies, tax breaks, state guarantees, R&D grants, etc. in the context of the COVID-19 outbreak. They may end up having to refund the State aid, increased with a substantial recovery interest rate.
In this Dbriefs, our Deloitte Legal international team of experts will:
- Provide a reminder on the basics of State aid (what is State aid, who are the stakeholders, what are the incentives).
- Explain the measures adopted so far by the European Commission in the context of the COVID-19 crisis, with a particular focus on the Temporary Framework and its subsequent amendments (what are the permitted types of aid, what are the limitations, how long will this regime apply).
- Provide an overview of the instruments adopted by different Member States across the EU (what types of measures are being implemented, which sectors are or will be beneficiaries of the aid, examples of aid to individual companies).
- Discuss the forecast, likely scenarios and way forward for State aid matters in the COVID-19 context.
Join our Deloitte Legal specialists who will share its experience from acting on State aid matters during the financial crisis back in 2008-2009 and during the present COVID-19 crisis.
29 April, 12:00 – 1:00 PM CEST (GMT +2)
Coronavirus (COVID-19): Impact on Contracts – Force Majeure and MAC-clauses
In the context of the COVID-19 pandemic, many clients are faced with material problems in managing contracts. Companies have to deal with delivery bottlenecks, delays or other disruptions in performing obligations. Real estate agreements are also impacted, as well as extraordinary transactions such as mergers and acquisitions. Force Majeure clauses and Material Adverse Change clauses are discussed as possible solutions, suspending or even ending the performance obligations under contracts entered into. We'll discuss:
- General applicability of Force Majeure clauses and Material Adverse Change clauses across main European jurisdictions and recent trends in specific industries.
- Tactical approach negotiating COVID-19 as Force Majeure and dealing with responses to Force Majeure notifications.
Hear from our panel of experienced attorneys on the impact on contracts from the global and best-practice perspectives.
16 April, 12:00 – 1:00 PM CEST (GMT +2)
Breathe new life into the protection and monetization of trade secrets
In the course of their activities, companies develop information that is commercially valuable. Information is the currency of the knowledge economy and competitiveness is increasingly dependent on trade secrets of technical, strategical, and commercial nature. By protecting such a wide range of information, whether as a complement or as an alternative to other intellectual property rights, trade secrets allow innovators to get profits from their invests in innovation. For that reason, the European Commission approved a Directive for the protection of undisclosed information, that has now been transposed by the member states. In order to obtain legal protection against any kind of misappropriation, the company that controls such information must take reasonable measures to keep it secret. We'll discuss:
- Requirements for protection of trade secrets.
- Trade secret vs. patent.
- Legal aspects: licensing and legal protection measures.
- Technical protection measures.
Join us to know the steps that you need to put in place to protect your confidential information.
18 March, 12:00 – 1:00 PM CET (GMT +1)
Coronavirus (COVID-19): How to manage the impact on your global workforce
As news of the novel coronavirus's spread continues to have a dramatic impact worldwide, employers are facing countless questions about how to address the implications of the virus on their businesses and workforce. In this webinar, our panel of experienced attorneys will bring a global and best-practice perspective to the following topics:
- What lessons can employers learn from the experience in China?
- What restrictions should employers consider as to medical inquiries or quarantine?
- What is the latest on the legislative framework and temporary measures regarding pay, especially during quarantine, illness, or temporary shutdown?
- How do employers maintain business continuity during this crisis? What about paid time off and telework? What happens when employees refuse to work because of their concern over contamination risk?
17 March, 2:30 – 3:30 PM CET (GMT +1)
Powers of the trade unions and staff representatives in the company: A comparative approach of the constraints of the employer in different jurisdictions
Freedom of union association is warranted in most jurisdictions. Within the company, this freedom may conflict with the freedom of entreprise. This Dbriefs webcast aims at presenting and understanding the extent of the trade unions/staff representatives' powers in the company and at comparing the constraints borne by the employer in different jurisdictions, including Brazil, China, France, Germany, and Spain. It would address the following key points:
- Do the trade unions/staff representatives have a right to be informed and/or consulted on all or part of the employer's decisions?
- Do they have a right to a co-determination of the employer's strategy?
- Are they entitled to negotiate with the employer to create rules applicable in the company?
- What are their means to operate at the workplace, e.g., via email, website, specific premises, etc.?
- What is the limit to their freedom of speech?
- Do they have legal capacity to bring a claim before the court/competent authorities in their name or in the name of the individual employees or together with the individual employees?
- Is there any mandatory requirement for the employer to allocate the funds for the trade union activities?
Our Deloitte Legal specialists will enable the auditors to have a better idea of how to address and handle trade unions/staff representatives' claims at the workplace in various jurisdictions.
11 December, 12:00 – 1:00 PM CET (GMT +1)
Harassment in the workplace: How to prevent and respond?
How should a company react, from a practical perspective, in case psychological and/or sexual harassment may be disclosed or witnessed by its employees? What is the appropriate conduct to adopt for dealing with these situations in practice? Harassment may be defined as the repetition of acts with the intent or effect of deteriorating working conditions in a manner likely to affect the employee's rights and dignity, physical and mental health, or to jeopardize their professional future. Employers who failed to comply with its obligations in this respect could expose to being sentenced to pay substantial amounts in damages to any affected employees, as well to being convicted for criminal offences. In order to avoid such situations, the employer must take preventive actions and react quickly in the event of suspected harassment at work. This webcast will provide a comparative study among China, France, Germany, and Italy. In particular, we'll discuss:
- How to identify a situation of moral/sexual harassment?
- What are the existing reporting channels for denouncing moral/sexual harassment?
- What should be done during the inquiring phase (hearing of the victim, suspect, colleagues, etc.)?
- What can be done during the disciplinary phase (content of the Company Internal Rules, sanction of the harasser, sanction of the employee denouncing false charges, etc.)?
- Prevention of moral and sexual harassment.
Hear from Deloitte's labor team of specialists to get a deeper understanding of the best way to identify and anticipate potential situations of harassment at work and how to react in these situations.
18 June, 12:00 – 1:00 PM CEST (GMT +2)
Data protection: HR focus on EU General Data Protection Regulation (GDPR) implementation
After one year from the effective entry into force of the EU General Data Protection Regulation (GDPR) in May 2018, companies are facing the challenges of the implementation of such provisions in the HR environment. In this area, the GDPR leaves (under the perspective of common guidelines and goals) a wide space for local legislation to arrange for compliance, taking into account also labour law constraints. The topic requires a specific approach, both global and local at the same time, which may differ from the general GDPR implementation and may, in this respect have a huge impact on multinational groups processes and procedures. Leveraging on the broad experience accrued in this specific area, we'll discuss a comparative analysis among different countries (Belgium, Germany, Italy, and UK) on the main common issues to be considered:
- Main labour law issues affecting GDPR implementation in HR.
- Sensitive processes and data flows.
- Critical areas and triggers.
- Types of agreements to be entered into with HR-related service providers.
Join us to gain insights on how to manage and mitigate the risks and challenges in the GDPR implementation for your organisation.
14 June, 12:00 – 1:00 PM CEST (GMT +2)
Legal Risk Management: How does your organisation compare with the market? What does the future hold?
Managing legal risk has never been more important for global organisations. As the Legal function transforms, so too does the way in which it contributes to an organisation's risk management approach, playing a greater role than ever before. However what exactly constitutes legal risk, how should it be managed, and by whom? Towards the end of 2018, we surveyed general counsel and senior in-house lawyers to benchmark approaches to legal risk management. We then overlaid Deloitte Legal's experience to form a view about what the future holds. During this webcast, we'll discuss:
- An overview of legal risk management and why it matters
- The key findings from our global cross-industry survey
- Our views on the future, including how technology will improve the management of legal risk
We invite you to join the conversation and learn how your organization can manage legal risk more effectively.
29 May, 12:00 – 1:00 PM CEST (GMT +2)
Brexit: Halloween extension
The UK did not leave the EU on 29 March nor on 12 April, but will possibly exit on 31 October 2019 (or earlier if the Withdrawal Agreement is accepted, or later if another extension is agreed or not at all). The future is still unclear and businesses in the UK and the EU27 are now having to adjust their planning to new Brexit dates. The latest extension has neither removed nor diminished the risks and uncertainty but has at least provided some additional time. This time should be used wisely. Businesses should act now and finalize or bolster their contingency measures to make their operations are as "Brexit-proof" as possible. There are still legal actions possible and some only became practicable again as a result of the extension. A cross-border merger would again be possible to move entities or assets from the UK to the EU27 or the other way around. We'll discuss:
- The current Brexit situation.
- The possible legal measures that can be finalized until the new exit date.
- What are the next steps for businesses to brace for Brexit.
Gain practical insights from our legal specialists on the evolving situation and prepare your business for Brexit, whatever the outcome is.
21 May, 12:00 – 1:00 PM CEST (GMT +2)
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.