Lockdown was, and it’s aftermath is, the leadership challenge of a generation. Our world has not just been shaken; it’s been permanently shifted. The pandemic has firmly put the quality of business leadership under the spotlight. Senior members of legal departments, board members or not, have an organisation-wide perspective on how businesses are adapting. Informed …
While controlling the waves of the Covid-19 pandemic, Vietnam continues to position itself as an attractive investment destination in the Asia-Pacific region despite the ongoing US-China trade war. As a promising proposition for foreign investors, Vietnamese lawmakers have recently introduced several major changes to its investment-related legislation with the new Law on Investment (LOI) 2020 …
Contentious competition proceedings are on the rise. At Linklaters, our dedicated competition litigation team has been busy dealing with a marked increase in the number of judicial review actions challenging regulatory decisions, in particular in recent times in relation to merger decisions and related procedural infringements, with collective actions also on the rise in the …
Continue reading “Appealing a decision by the CMA in a merger review”
The UK’s collective redress procedure (introduced on 1 October 2015) got off to a slow start but has been picking up pace over the last couple of years. At the time of writing, there have been nine applications for certification, only two of which were commenced before 2018. The seven actions commenced since May 2018 …
Article 15 of Law No. 4054 on the Protection of Competition authorises the Competition Board to conduct on-site investigations at the premises of undertakings, if it deems it necessary. During the on-site inspection, Competition Authority officials assigned by the Board to conduct the inspection, are entitled to (i) examine the books, any paperwork and documents …
Continue reading “Recent competition law developments in Turkey: hindering on-site inspections”
In order to merge well, one must merge wisely. This requires the application of a two-step approach: first, a methodically conducted preparation of the filing by close interaction with all parties involved (both on factual and legal grounds), and secondly, a notification procedure which is being handled in a responsible, transparent and trustworthy manner vis-à-vis …
Continue reading “Merge well, merge wisely: getting the deal through”
While it has been in place since 1990, the legal framework governing bankruptcy and restructuring in Oman underwent a qualitative change in 2018 and 2019 with the issuance of the new Criminal Law (Royal Decree (RD) 7/2018) (the Criminal Law) and the Bankruptcy Law (RD 53/2019) (the Bankruptcy Law), which may have a significant impact …
Continue reading “Changes to the bankruptcy and restructuring legal framework in Oman”
On 16 March 2020, the Austrian government imposed drastic measures to contain the SARSCoV2 virus, commonly known as Covid-19. The international Covid-19 crisis resulted in a seven-week complete lockdown in Austria, with only ‘critical infrastructure’ such as banks, supermarkets, pharmacies and hospitals remaining open for business. Simultaneously, the Austrian government applied several economic measures, attempting …
European distressed debtors and creditors face uncertainty regarding English law-governed debt and, more generally, their overall restructuring strategy. This uncertainty arises against the backdrop of the UK’s imminent departure from the EU, the Covid-19 pandemic and turbulent markets. Many major out-of-court or in-court European debt restructurings use English law governed loan debt and Luxembourg-based debtors, …
Company acquisition and restructuring often bring about a change in the acquiree’s business strategy, direction, organisation and personnel structure. These can affect the employment relationship between the acquiree and its employees as well as sometimes the employment affairs of the acquirer. Acquisition can be divided into asset acquisition and equity acquisition. This article analyses how …
Continue reading “The employment relationship in company acquisition and restructuring in China”
The Ministry of Health, Labour and Welfare of Japan (MHLW) announced on 11 September 2020 that the number of employees who have been terminated (or will be terminated) from their employment in connection with the Covid-19 pandemic had reached 54,817 (including 25,334 non-regular employees). The Covid-19 pandemic continues to have a significant impact on the …
Continue reading “Covid-19: employment issues under Japanese labour law”
What to do for an employer that has a suboptimal relationship with an underperforming employee but that has not fully documented the underperformance and its efforts to improve performance, while there may still be a chance that the relationship gets better?