27 juillet 2021
The laws on legal professional privilege are a point of significant interest and divergence across the global legal landscape. Advice that is privileged in one country may not be protected in others. Differences in the application of legal professional privilege by courts and regulators across jurisdictions can lead to difficult decisions for organisations under investigation. Even within a jurisdiction, the scope and application of legal professional privilege may be the subject of debate amongst experts - and lead to dispute between parties. Linklaters’ revised and fully updated comparative review of legal professional privilege provides a quick reference tool to practice in 24 jurisdictions across the globe.
28 juin 2021
Despite the economic disruption caused by the pandemic and a global trend towards greater scrutiny of foreign investment, deal values for cross-border M&A are at an all-time high. Navigating the traps for the unwary has never been more important. Our Cross-border Guide to Private M&A 2021 covers 26 countries, from Australia to Vietnam, and identifies key legal issues for potential purchasers when looking to make acquisitions outside their home jurisdiction.
25 mars 2021
The Covid-19 pandemic is a pressure test for the global interconnected economy. One expected consequence is an uptick in insolvencies. In international contracts, many companies will have concluded arbitration clauses.
6 octobre 2020
Over recent years we have seen an increase in both the volume and value of Public M&A with the total global value of deals in 2019 reaching US$1.65tn. Despite a slower start in 2020, Q3 has seen cross-border public M&A back up to the same levels as Q3 2019 with many deals being announced largely backed by private equity, a trend which looks likely to continue. We have also seen changing regulations in different jurisdictions making the cross-border transaction environment increasingly complex.
1 juillet 2020
In this comparative review we look at the types of collective actions permitted in each jurisdiction and who may bring them. We examine whether they are opt in or opt out and what this means for the efficacy of the procedure. How collective actions are funded and the relief that is available is also considered. We also look forward to how the concept might develop in the future in each jurisdiction reviewed.
29 avril 2020
Final regulations implementing nearly all elements of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) were released on January 13, 2020, by the U.S. Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS).
23 avril 2020
Mediation is one of the most popular forms of Alternative Dispute Resolution. It is a confidential and without prejudice consensual process in which parties to a dispute appoint a neutral individual (the mediator) to facilitate negotiations between them with a view to achieving a settlement. In most cases mediation will be a quicker and cheaper form of dispute resolution, and it has the advantages that the parties can settle their disputes in any way they see fit, rather than being bound to the relief available to a court to order. It often also helps the parties to preserve a commercial relationship.
27 mars 2020
Coronavirus disease 2019 (Covid-19) was declared a public health emergency of international concern by the World Health Organisation on 30 January 2020. It has required governments, and particularly healthcare systems, to respond swiftly and in a coordinated way to ensure that they are properly mitigating and responding to the evolving situation to ensure the wellbeing of their citizens.
21 février 2020
Understanding global trends and the attitudes towards corporate criminal liability in different jurisdictions is key to managing corporate risk.
For our fully revised and updated comparative guide to corporate criminal liability we examined the position of companies across 24 jurisdictions and assessed the risks they face in each. We discovered a number of key themes and issues that arise for companies no matter where they are located.
Our guide will be of interest to businesses across the globe and particularly to those with international operations.
21 février 2020
The binding force of contracts is a basic principle of contract law (“pacta sunt servanda”). In general, each party can rely on the performance of the contractual obligations by the other party. Yet, unexpected circumstances may occur after the conclusion of a contract which call this principle into question.
Our comparative review considers how such hardship situations are being dealt with in 18 jurisdictions. All of them have mechanisms in place to handle such situations, but allow interference with the binding nature of a contract only under restrictive conditions.
