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US/UK M&A: Introduction
21 September 2021One of the constant themes of mid-market M&A in the UK is the significant activity generated by US-based buyers acquiring British targets. The US is, by some distance, the single largest holder of foreign direct investments (FDI) in the UK (holding over US$800bn), and those investments represent around 12% of total global US FDI holdings and around 25% of total US FDI in Europe. That translates into a constant stream of acquisition activity here in the UK by both corporate and financial buyers from the US seeking either to expand their access to transatlantic markets or to access British technology and products.
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US/UK M&A: Disclosure
21 September 2021The disclosure exercise against the warranties contained in the share purchase agreement (SPA) is a common element of an M&A transaction on both sides of the Atlantic Ocean. In this article we will identify some of the different approaches taken in relation to disclosure in the UK and the US.
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US/UK M&A: Price Adjustment Mechanisms - The Locked Box
21 September 2021Price adjustment mechanisms are common in both UK and US style M&A transaction documents to determine the final price that the buyer pays. However, the manner in which the price adjustment is achieved varies; in the US, a closing accounts mechanism is generally used, and although these have remain common in the UK, in recent years we have seen increasing use of “locked box” mechanisms in UK style share purchase agreements governed by English law.
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US/UK M&A: Miscellaneous/common issues
21 September 2021In our final instalment of our US/UK M&A series we will explore some of the common issues in the M&A process and deal practice in the US and UK.
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Is it light at the end of the (transfer) tunnel? US “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities” (and other matters)
26 October 2022On 7 October 2022 there were two significant announcements in the world of international data transfers.
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UK M&A deal practice – an introduction for US-based buyers
18 March 2024We continue to see a lot of mid-market M&A activity in the UK driven by US-based buyers, including both corporate buyers and financial investors. Unsurprisingly, a lot of that activity is focused on sectors such as technology, creative and high-value manufacturing businesses.
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US/UK M&A: Risk Allocation
18 March 2024In our second article in the US/UK M&A series, we explore deal certainty, the different appetite for risk and measures that are used to apportion risk between the parties.
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Government urged to relax planning regulations
23 March 2020The RTPI, RICS and RIBA have written to the Prime Minister offering to assist “in this time of national emergency" and "seek Government support for the UK’s construction and infrastructure sectors which are worth over £100 billion to the UK economy".
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Government announces new £250m ‘Future Fund’ to support start-ups and growth companies
20 April 2020Details were published today, 20 April 2020, of the Government’s plan to make investments in growth companies hit by the coronavirus and the drastic reduction in venture capital investment.
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Hong Kong court confirms that the implied duty of mutual trust and confidence cannot be relied upon to recover damages for loss arising from the manner of dismissal
16 December 2021In the case of Lam Siu Wai v Equal Opportunities Commission [2021] HKCFI 3092, the Court of First Instance held that the employer’s right to terminate in accordance with the terms of employment was not subject to the implied duty of mutual trust and confidence and so an employee could not rely on it to recover damages for loss arising from the manner of his or her dismissal.
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Hong Kong court upholds summary dismissal in light of employee’s secret business
17 December 2021In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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The Court of Appeal has upheld an EAT decision that Asda’s lower-paid, predominantly female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff.
07 February 2019The Court of Appeal (“CA”) decision is the latest stage in this long-running legal dispute over equal pay. Back in 2014, over 7,000 female Asda retail store workers brought claims in the Employment Tribunal (“ET”) arguing that they were entitled to equal pay with male distribution depot staff, on the basis that their work was of “equal value” to male workers.
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Financial promotions: draft legislation updating the perimeter for qualifying cryptoassets now published
30 March 2023So, we finally have the long-awaited next step in the ever-evolving regulatory framework that applies to crypto. By way of recap, cryptoasset exchange providers and custodian wallet providers need to be registered with the FCA under money laundering legislation.
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Hong Kong’s Employment Support Scheme: further updates and expansions
13 May 2020On 12 May 2020, the Chief Executive announced further details on the newly implemented Employment Support Scheme as well as further expansions.
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Hong Kong MPF updates: Abolition of the offsetting mechanism to take effect on 1 May 2025 and potential increase in mandatory contribution levels
03 May 2023Over the past weeks, there have been some important news on the pension regime in Hong Kong that employers and employees should be mindful of.
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Record keeping guidance for Points-Based System sponsors updated
13 August 2019The Home Office has made significant updates to Appendix D to the guidance for Points-Based System sponsors, which sets out sponsors’ record keeping duties.
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Gender pay gap reporting in Ireland – updated guidance clarifies some (but not all) tricky issues
20 July 2022The gender pay gap reporting regulations in Ireland were published last month. Straight away, a number of issues with interpretation were apparent. The government has now clarified some (but not all) of these.
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Updated Comparative Table of employment law developments in Great Britain, Northern Ireland and the Republic of Ireland
10 November 2022Do you need to stay up to date with current and proposed employment law developments across Great Britain, Northern Ireland and the Republic of Ireland? If so, our updated Comparative Table, prepared in conjunction with Legal Island, will be a handy reference guide.
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Beyond borders: Updated Comparative Table of employment law developments across Great Britain, Northern Ireland and the Republic of Ireland
22 May 2023Do you need to stay up-to-date with employment law developments across Great Britain, Northern Ireland and the Republic of Ireland? If so, our updated Comparative Table, prepared in conjunction with Legal Island, will be a handy reference guide.
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Updated Comparative Table of employment law developments across Great Britain, Northern Ireland and the Republic of Ireland
30 November 2023Do you need to stay up to date with employment law developments across Great Britain, Northern Ireland and the Republic of Ireland? If so, our updated Comparative Table, prepared in conjunction with Legal Island, will be a handy reference guide.