myAshurst - Latest e-seminars

Part 36

This e-seminar provides an overview of Part 36 of the Civil Procedure Rules. It covers general principles only and how they apply in practice. For the purposes of this course you will need to print off a copy of our specimen Part 36 offer letter here.

Other useful materials include:

Commercial contracts 2011: What's Hot, What's Not

We recognise that it's sometimes hard for in-house lawyers to keep up with legal developments. Why not let us make it easier for you? This annual update will provide a practical guide to recent developments in commercial contract law and the key cases behind them.

Deal points for Private Equity - Recent Developments

This eseminar covers some of the latest issues on deal structuring and, in particular, structures designed to deliver entrepreneur's relief for management, the recovery of VAT on deal costs, the deductibility of interest and the proposed changes to the degrouping rules, which may facilitate future part disposals and break ups. The speakers are John Watson, Alexander Cox and Nicholas Gardner from the Ashurst tax department.

Speaker bios
John Watson
Alexander Cox

Accreditation
This session qualifies for 0.75 CPD hour/credit/point for the purposes of the Solicitors Regulation Authority, the New York State Bar Association and the Legal Practice Board of Western Australia.

Private Equity Funds - Tax and Regulatory update

This eseminar addresses recent developments in the commercial, tax and regulatory climate affecting private funds. It deals specifically with trends in market terms, the use of general partner's share to fund co-investment, the international taxation of carried interest and onshore and offshore VAT planning. The speakers are Jeremy Bell, a leading expert in fund formation and fund terms from our funds group, and John Watson and Alastair Ladkin from our tax department, both specialising in the taxation of private funds.

Speaker bios
John Watson
Jeremy Bell

Confidentially yours: maximising protection from disclosure

Every business will almost inevitably face the challenge of regulatory investigations or litigation at some time. Privileged communications are, in general, protected from disclosure obligations and so a sound knowledge of what kinds of communication will be privileged and how privilege can be preserved is essential for all in-house lawyers. This workshop will provide a brief refresher on the law of privilege and then focus on the current live issues, using case scenarios as a framework for an interactive discussion of practical points and experiences of issues which arise in UK investigations and proceedings.

Speakers

Wilson Thorburn
Lindsay Connal

Accreditation
This e-seminar comprises a film and supporting documentation. Links to the documentation are below so you can print them as necessary. This session qualifies for 0.5 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, New York State Bar Association and Legal Practice Board of Western Australia.

Supporting documentation
Case Study
Case Study - Questions
Quickguide - Privilege
Quickguide - Without Prejudice
ECJ judgment in Akzo Nobel Chemicals
Recent cases on privilege

Dodd Frank Act: what is the real impact on European fund managers?

Regulatory and funds lawyers from our London and Washington DC offices examine the real impact of the Dodd-Frank Act for European fund managers. Some of the issues covered include:

Background to the new legislation. (Why has it been enacted and what is the political purpose?)
Who does it affect? What are the relevant exemptions? To the extent these are not clear, how will they become clear and what working assumptions should be made until then?
Exactly which entities involved in a typical European fund structure will be affected? Are there any practical differences between onshore and offshore structures?
What are the key requirements of the legislation?
How do the requirements compare/contrast with, for example, the existing UK regime and the AIFMD?
What are the real changes that will affect the businesses of European fund managers?
Will there be changes in how funds are established/documented/operated?
What should fund managers do to get ready and what needs to be done by when?

Speakers

Piers Warburton
James Perry
Margaret Sheehan

Accreditation
This eseminar qualifies for 0.75 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, New York State Bar Association and Legal Practice Board of Western Australia.

Expert essentials on cartels and other serious competition law infringements

This interactive e-learning course covers the key aspects of the most serious competition law infringements such as cartels, bid-rigging and illegal information exchanges as well as the UK's criminal cartel offence. The course takes a practical, example-based approach to explaining what is allowed and what is not and how to minimise risk.

Target audience
This course is suitable for all levels from in-house counsel and senior management to more junior staff (legal and non-legal).

Speakers

Nigel Parr

Accreditation
This e-learning course qualifies for 0.75 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, Bar Standards Board, New York State Bar Association and Legal Practice Board of Western Australia.

Headline environmental regulatory issues

(with a touch of health and safety)

This e-seminar covers three distinct areas where we are presently encountering much interest:

Following media reports on the recent Gulf of Mexico oil spill catastrophe and Buncefield refinery explosion, we consider the return of parent/director/corporate veil liability concerns;
Waste management: new horizons. We look at the increasingly onerous regulation which is driving a need to rethink our approach to waste management and the emerging opportunities for clean-tech waste management infrastructure; and
CRC Energy Efficiency Scheme post-registration: in particular, we examine the intra-group compliance challenges for private equity, PFIs, landlords, etc. and discuss how these may be addressed going forward in transaction documentation.

Target audience
Of particular relevance to directors and shareholders of companies whose operations have environmental and/or health and safety impacts in England and Wales, anyone involved in waste management and any large commercial or public sector organisations (including private equity funds) caught by the CRC Energy Efficiency Scheme.

Speakers

Anthony Johnson
Jo Ketteley
Nigel Price

Accreditation
This e-seminar comprises a film and supporting documentation. Links to the documentation are below so you can print them as necessary. This session qualifies for 0.75 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, Bar Standards Board, New York State Bar Association and Legal Practice Board of Western Australia.

Supporting documentation
Headline environmental regulatory issues - Slides
The CRC - Emerging legal issues for commercial real estate (July 2009)
CRC commercial real estate update (October 2009)
The CRC - Emerging legal issues for investment fund managers (November 2009)
A CRC Education - PFI briefing (March 2010)
Quickguide on corporate manslaughter

Expert essentials on competition dawn raids

What do you do when investigators from a competition authority arrive unannounced on your doorstep to search the premises? This interactive e-learning course is a step-by-step overview to handling the raid. This course focuses on the key practical issues that a business faces on the day including:

assembling a response team,
internal and external communication
the scope and limits on the investigators' powers
shadowing/monitoring the investigators and
dealing with disputes.

The course takes a hands-on approach to explaining best practice in handling a raid and how to minimise risk.

Target audience
In-house counsel and any other staff likely to be involved in handling a raid.

Speakers

Nigel Parr

Accreditation
This elearning course qualifies for 0.75 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, Bar Standards Board, New York State Bar Association and Legal Practice Board of Western Australia.

Fundamentals of guarantees and related instruments

An analysis of the distinguishing features of guarantees, indemnities and performance bonds and highlighting the blurring of the distinction between these instruments. Key clauses of a guarantee are dissected including the non-competition clause - in which the guarantor's rights of indemnity, subrogation and contribution are explained - and the ubiquitous clause which provides for waiver of the guarantor's defences to liability.

Target audience
In house lawyers and other executives who may be responsible for the issuance or acceptance of guarantees, performance bonds or similar instruments.

Speaker
Gabrielle Samuels (Director of Professional Development)

Accreditation
This e-seminar comprises a film and supporting documentation. Links to the documentation are below so you can print them as necessary. This session qualifies for one CPD hour/credit/point for the purposes of the Solicitors Regulation Authority, the Bar Standards Board, the New York State Bar Association and the Legal Practice Board of Western Australia.

Supporting documentation
Guarantees - Slides
Guarantees and Documentary Credits

International arbitration

This e-seminar provides a back to basics review of arbitration, looking at the nature of arbitration as a method of dispute resolution, the reasons for choosing an arbitration in litigation, key arbitration concepts and how to draft an arbitration clause.

Target audience
Target audience: aimed at junior lawyers and transaction lawyers with little or no knowledge of arbitration.
Speakers
Ben Giaretta
Ronnie King
Accreditation
This e-seminar comprises a film and supporting documentation. Links to the documentation are below so you can print them as necessary. This session qualifies for 0.5 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, the Bar Standards Board, New York State Bar Association and Legal Practice Board of Western Australia.
Supporting documentation
International arbitration - Slides
Quick guide to internation arbitration clauses

EIP Perspective: The soul of discretion

To most employers, the employment relationship seems more regulated than ever before. Yet underlying the red tape and black-letter law, there are valuable discretions in the hands of an employer. They can be relevant to the award of a bonus, the early vesting of share awards, employees' retirement plans, and an array of other employment-related issues. As well as being easily overlooked, the exercise of discretion in these circumstances can be very tricky, and costly to get wrong.

This e-seminar explores the meaning of discretion, where it arises, the legal framework and some practical tips for exercising discretion.

Target audience
Anyone who is involved in exercising discretions on employment, incentives and pensions issues, such as non-executive directors with responsibility for remuneration issues, HR specialists, compensation and reward managers, in-house legal and company secretaries, and professionals involved with portfolio investments.
Speakers
Caroline Carter
Paul Randall
Marcus Fink
Accreditation
This e-seminar comprises a film and supporting documentation. Links to the documentation are below so you can print them as necessary. This session qualifies for 0.75 CPD hours/credit/point for the purposes of the Solicitors Regulation Authority, the Bar Standards Board, the New York State Bar Association and the Legal Practice Board of Western Australia.

Supporting documentation
Soul of discretion - Slides

Public sector procurement: making the Freedom of Information Act work for you

The impact of freedom of information legislation on public sector procurement both in terms of the current position and proposals for future developments.

STOP PRESS!
September 2010: Government issues guidance on achieving greater transparency in public sector procurement

Target audience
Of particular relevance to parties involved in the procurement of social infrastructure in the UK by way of Public Private Partnerships ("PPP") and the Private Finance Initiative ("PFI").
Speakers
Catherine Clarke (Director of Professional Development - ETI)
Accreditation
This e-seminar comprises a film and supporting documentation. Links to the documentation are set out below so you can print them as necessary. This session qualifies for 0.5 CPD hours/credits/points for the purposes of the Solicitors Regulation Authority, Bar Standards Board, the New York State Bar Association and the Legal Practice Board of Western Australia.
Supporting documentation
Public sector procurement making the Freedom of Information Act work for you - Slides
ETI briefing May 2008
Freedom of Information Quick guide

Priority of Security Interests

This is a back-to-basics interactive revision seminar for anyone who is not well-schooled in all matters of priority. It features an analysis of the application of the core priority rules; the special situation of the floating charge; the impact of a negative pledge; some asset-specific priority rules; and consideration of how to deal with a second chargee. Useful for all rusty finance lawyers.

Recorded on 28 July 2010.

Contracts 2010: What’s Hot, What’s Not
Recorded on 10 February 2010.

The Companies Act 2006: anyone for dessert?
The final parts of the Companies Act 2006 came in to force on 1 October 2009. This talk provides an update on the key parts previously implemented and then focuses on the 1 October sections and gives practical guidance on how businesses should deal with these changes, looking in particular at:

The constitution: goodbye to the memorandum of association and a big hello to the new model articles.
Share capital: various changes including removal of the concept of authorised share capital.
Company directors: new rules on registration of directors’ details.
Company formation and administration: including new incorporation documents and register of members.
Overseas companies: new requirements for registration of a “UK establishment”.
Companies House forms: all change.

Keeping control: complying with data protection legislation

Recent and highly publicised data leaks and security scandals are a salutary reminder to companies of the importance of data protection. In this talk, we review the key principles to ensuring data protection compliance for companies that process personal data. The session includes a review of notification obligations, privacy policies, how to deal with subject access requests, direct marketing and new initiatives and rights of the Information Commissioner’s office. We will also touch on issues around data transfers and security.

Stamp Duty Land Tax update - May 2009
This session outlines and analyses some of the practical SDLT issues most commonly met in the context of commercial transactions and makes suggestions for dealing with them. For more detail and specific advice contact John Watson, Simon Swann or Kate Garcia.

Making it worth their while: incentivising senior executives
In this latest e-seminar, three Ashurst lawyers examine different strategies for incentivising senior executives, looking at their tax-effectiveness, both for the company and the executive, as well as the costs involved in implementing such arrangements.

European Commission Seminar

In this seminar James Perry and Glynn Barwick discuss the European Commission directive recently published. The Commission is proposing a fundamental reform to the regulation of managers of unregulated collective investment schemes. These reforms will, if they are passed in their current form, extend the regulator's oversight of such managers, increase the disclosure requirements on funds and restrict the capacity of the managers to market them to investors.

Presented by James Perry and Glynn Barwick.

Recorded on 7 May 2009.

Informacion Privilegiada

Guía de Actuación para la Transmisión de Información Privilegiada a Terceros de la CNMV

Lo anterior es un mero resumen informativo del contenido de la Guía, para obtener el texto concreto acuda a www.cnmv.es Si desea cualquier información adicional sobre este tema o creen que podemos resultar útiles en la actualización de sus procedimientos internos o en el desarrollo de los programas de formación on-line a empleados que la Guía requiere. por favor, no dude en contactar con Gonzalo Jimenez-Blanco, gonzalo.jimenez-blanco@ashurst.com en Ashurst C/Alcalá, 44, Madrid 28014,Tel: +(34) 91 3649800

Ashurst MADRID.

Grabado el 10 de Marzo de 2009.

Crunch times: a rise in shareholder activism?

The Companies Act 2006 codified directors’ duties and introduced a new statutory procedure for derivative actions. With the significant increase in the availability of third party litigation funding, and in the light of investors’ recent credit crunch losses, is the scene now set for an increase in shareholder activism?

Edward Sparrow and Mark Clarke explain the regulatory framework for directors and shareholders in the UK, examine recent developments affecting shareholder activism and consider whether the credit crunch will give rise to an increase in activism in the future.

Commercial contracts 2009: what’s hot, what’s not

We recognise that it’s sometimes hard for in-house lawyers to keep up with legal developments. Why not let us make it easier for you? This talk will provide a practical guide to recent developments in commercial contract law and the key cases behind them.

Partnership Vehicles for Land - Tricks and Traps
In this session John Watson and Simon Swann discuss the use of partnerships as vehicles for investing and trading in land. Some categories of taxpayers will find this structure advantageous, others less so. In particular, John and Simon highlight the limitations in the assumption that partnerships are transparent for all tax purposes and caution against treating this as a universal rule. They go on to compare the use of partnerships and unit trusts and to discuss points to bear mind where a unit trust invests through a partnership.

Greening the property industry: the impact of green leases in the market

As part of their corporate social responsibility obligations, corporates need to consider how green the buildings they own and occupy are. Green leases are a new phenomenon in the UK and aim to improve the energy efficiency of buildings. This session looks at:

The key drivers for making green leases a reality.
The key barriers.
How to achieve the landlord’s aims while making it an attractive proposition for tenants.
Which provisions might be included.
Whether green leases are actually going to be an effective tool in the drive to improve the energy efficiency of buildings.
The views of the market.

The comings and goings of senior executives
In an economic downturn, businesses are more aware than ever of the importance of only having the best and brightest executives at the helm. In this e-seminar, the heads of our corporate and employment, incentives and pensions (EIP) practices outline the key legal issues to consider when recruiting and dismissing senior executives. To jump to particular areas of interest, use structure specified in the left-hand menu. Our e-seminars are for general information only and do not seek to give legal advice or to be an exhaustive statement of the law. Viewers should take specific legal advice on any particular areas which concern them. Please contact your usual Ashurst adviser if you require any information or advice.

Know your limits: when contracts go wrong (30 September 2008)

Anyone involved in negotiating commercial contracts needs to be aware of the principles governing the damages which can be recovered if something goes wrong. This session is aimed at business people who may find themselves considering potential liability at the drafting stage or dealing with damages issues on a breach. We will be examining the topics of liquidated damages, consequential loss and the extent to which liability can be limited or excluded, and suggesting various strategies for dealing with the issues they raise.

Stamp Duty Land Tax - Leases
In this session John Watson and Simon Swann discuss the way in which Stamp Duty Land Tax applies to leases. In particular, they deal with the way in which the charge is computed, leases with uncertain rents and uncertain terms, what happens when leases are linked and when leases are replaced by fresh grants. The purpose of the presentation is to give an overview and John Watson and Simon Swann would be delighted to deal with any questions you may have.

Distressed debt in Spain - The key issues (Part 1)
The current economic environment: the consolidation of distressed debt. Special reference to the real estate crisis.

Distressed debt in Spain - The key issues (Part 2)
The acquisition of ono-performing loan portfolios: Legal and tax issues.

Distressed debt in Spain - The key issues (Part 3)
Debt restructuring: general principles and, in particular, LBO debt. Legal and tax issues.

Navigating the maze: the challenges of cross-border insolvencies
Are you concerned about the potential impact of the credit crunch on your organisation’s trading partners and suppliers across the world? In the absence of an international insolvency regime, solutions in cross-border situations need to be based on local regimes and the co-operation set out in legislation such as the UNCITRAL Model Law and the EC Regulation on Insolvency Proceedings. In this talk we look at the issues that may be encountered when dealing with crossborder insolvencies. Recorded 12 June 2008.

The Companies Act 2006: a selection of side dishes
Those parts of the Companies Act 2006 not currently in force will be introduced in a number of further stages over the course of 2008 and 2009. This talk provides an update on the parts already implemented, with a discussion on any issues that may have arisen to date. We then focus on the parts which are due to be implemented in October 2008, and give practical guidance on how businesses should be preparing for these changes, looking in particular at: - Reduction of capital. - Directors’ duties. - Financial assistance. - Private and public company articles. Recorded 3 June 2008.

A question of contract (Summer 2008)

The seventh in our series of talks, providing practical guidance on those commercial contract issues which, in our experience, generate the most queries.

This session covers:

The boundaries between exhibiting flair in negotiations and criminal liability for fraud and/or civil liability for misrepresentation or negligent misstatement, including the impact of the new Fraud Act 2006.
What to do if a contract you are involved in or inherit gives rise to a suspicion of bribery and corruption.

Get out of Jail Cards (getting out of commitments/flex rights)

Nigel looks at the techniques by which lenders may try to escape lending commitments, buyers may try to wriggle out of acquisition commitments and by which deals may be re-priced or otherwise flexed.

Important Information
Our e-seminars are for general information only and do not seek to give legal advice or to be an exhaustive statement of the law. Viewers should take specific legal advice on any particular areas which concern them. Please contact your usual Ashurst adviser if you require any information or advice.

Commercial contracts 2008: what’s hot, what’s not?

This talk provides a practical guide to recent developments in commercial contract law and the key cases behind them.

The Companies Act 2006: Yet another helping

Those parts of the Companies Act 2006 not currently in force will be introduced in two further stages: in April 2008 and October 2008. This talk provides an update on the parts already implemented. We then focus on the parts which are due to be implemented in April 2008, and give practical guidance on how businesses should be preparing for these changes, looking in particular at:

The obligation to have a company secretary.
The creation and publication of accounts and reports.
Requirements for audits and auditors.
Prohibition of public offers by private companies.
The appointment and role of statutory auditors.

The Companies Act 2006: the first course is served

The Government has recently announced that those parts of the Companies Act 2006 not currently in force will be introduced in three stages: in October 2007, April 2008 and October 2008. This talk provides an update on the parts already implemented, in particular the new electronic communications regime and its uptake by listed companies. It then focuses on the parts which are due to be implemented in October 2007, and gives practical guidance on how businesses should be preparing for these changes, looking in particular at:

The codification of directors’ duties.

The enhanced business review for listed companies.

The new statutory derivative claims procedure.

Exercise of members’ rights.

Banking foundation course: Security fundamentals

A review of the key legal aspects relevant to taking security.

A sheep in wolf’s clothing: the new Companies Act

The new Companies Act is the first major companies legislation for over 20 years. It both amends company law and consolidates the 1985 Companies Act. This talk concentrates on the key changes, including:

Codification of directors’ duties.

Derivative actions.

Abolition of financial assistance prohibition for private companies.

New procedures for capital reduction.

Auditors’ liability.

The talk also identifies the huge swathes of the existing legislation which will remain essentially in its current form.

Dispute resolution & arbitration 3: Arbitration institutions

This is the third in a series of four talks aimed at giving an overview of dispute resolution, and in particular international arbitration. This talk is intended to provide a summary of some of the main arbitration institutions worldwide and to highlight the differences between them.

Dispute resolution & arbitration 4: Multi party arbitrations

The fourth talk in a series about dispute resolution and international arbitration. This talk is concerned with arbitrations that involve multiple parties, that is, involving more than two parties.

Dispute resolution & arbitration 1: Types of dispute resolution

This is the first in a series of four talks looking at dispute resolution and international arbitration. This talk gives a general overview of types of dispute resolution, in particular litigation, international arbitration, expert determination and alternative dispute resolution (including mediation).

Dispute resolution & arbitration 2: Drafting an international arbitration clause

This is the second in a series of four talks looking at dispute resolution and international arbitration. This talk focuses on the issues that need to be considered when drafting an arbitration clause. In particular it covers choice of arbitral rules, the seat of the arbitration, number of arbitrators and choice of law.