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Employment Law
International dismissal of employees in a changing environment

11 April 2018
Host: Nicolaas Vermandel
Presenters: Ivana Azzollini, Bart Colpaert, and Koen Fransaer

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.

Commercial Law
Data Protection: Practical aspects and concerns on key elements introduced by the EU General Data Protection Regulation (GDPR)

14 March 2018
Host: Dr Julia Hilberg
Presenters: Marloes Dankert, Amalia Del Val, and Matthias Vierstraete

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.

Employment Law
Macron ordinances: Significant revision of the French labor law

14 February 2018
Host: Abdelmalik Douaoui
Presenters: Nathalie Pequiman and Florence Theodose

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.

Commercial Law
Acquiring a distressed business under pre-insolvency or insolvency proceedings: "How to use" guide for investors in Europe

13 December 2017
Host: Arnaud Pedron
Presenters: Jean-Pascal Beauchamp, Glenn Hansen, Marta Morales, Johannes Passas, and Arnaud Pedron

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.

Corporate and M&A
Managing compliance risks in M&A transactions

6 December 2017
Host: Dr. Markus Schackmann
Presenters: Dr. Sophie Luise Bings, Charlotte Edmead, Thomas Kirstan, and Dr. Markus Schackmann

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.

Corporate and M&A
Foreign investor's acquisition under the China's new foreign direct investment (FDI) Regulatory Scheme – New record-filing system

30 November 2017
Host: Jie Zheng
Presenters: Hazel Fan and Ryo Lu

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. We'll discuss:

• 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.

Employment Law
Insights from Deloitte's 2017 Human Capital Trends: Flexible employment in the gig economy

5 October 2017
Host: Stijn Demeestere
Presenters: Fernando Bazan, Stijn Demeestere, Martin Doepner, Sashil Durve, Nathalie Pequiman, and Yves Van Durme

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.

Industries – Financial Services
Non-performing loan (NPL) transactions in Europe: Key legal and financial aspects

27 September 2017
*75 minutes webcast
Host: Andrei Burz Pinzaru
Presenters: Andrei Burz Pinzaru, Guerino Cipriano, Ingrid Dubordieu, Ignacio Echenagusia, Albrecht Kindler, and Will Newton

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.

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