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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.
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Contract Lifecycle Management: Unlock the power of your contracts
28 May 2020
Host: Klaus Gresbrand
Presenters: Nick Conway, Kai Jacob, Mark Ross, and Jasmijn Verraes
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.
Special Edition – Commercial Law
Contract review and analysis in unprecedented uncertainty
21 May 2020
Host: Mark Ross
Presenters: Bryan Foster, Klaus Gresbrand, and Kai Jacob
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.
Investment management: The investment tools and market trends in Spain, Portugal, Switzerland, and Luxembourg
6 May 2020
Host: François Lerusse
Presenters: Joao Pinheiro Silva, Joana Pereira Dias, Ignacio Echenagusia , José M. Gómez, Agustin del Rio Galeote, Simona Terranova, and François Lerusse
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.
Special Edition - Commercial Law
State aid in times of COVID-19: A practical overview of the coordinated response by the European Commission and Member States
29 April 2020
Host: Hendrik Viaene
Presenters: Rafael Piqueras and Hendrik Viaene
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.
Special Edition – Commercial Law
Coronavirus (COVID-19): Impact on Contracts – Force Majeure and MAC-clauses
16 April 2020
Host: Giorgio Mariani
Presenters: Muriel Feraud, Chris Hardman, Jan Jarmul, Andreas Leclaire, Francisco Mayor, and Ildar Zverev
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.
Breathe new life into the protection and monetization of trade secrets
18 March 2020
Host: Dulce Miranda
Presenters: Nuria Acinas and Peter Kits
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.
Special Edition - Employment Law
Coronavirus (COVID-19): How to manage the impact on your global workforce
17 March 2020
Host: Nicolaas Vermandel
Presenters: Erika Collins (Epstein Becker Green), Susan Gross Sholinsky (Epstein Becker Green), Fernando Bazan, Alexander Fischer, and Andrew Lilley
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?
Powers of the trade unions and staff representatives in the company: A comparative approach of the constraints of the employer in different jurisdictions
11 December 2019
Host: Nathalie Pequiman
Presenters: Fernando Azar, Klaus Heeke, Jolin Song, and Julia Torres
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.
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.