US Law for UK Lawyers: Legal Influences From Across The Pond
Benefits
After completing all training podcasts in this bundle you will:
- Be aware of the US Foreign Account Tax Compliance Act and what it means for American clients
- Understand the Chapter 11 regime
- Appreciate the differences between the US, UK and EU approaches to restructurings and insolvencies
- Be aware of a number of recent cases from the EU and US on sporting rights and competition
- Appreciate the differences and similarities between the Dodd-Frank Act and the relevant European and UK legislation
- Understand the key offences and defences in the Bribery Act and how it compares to the US Foreign Corrupt Practices Act
- Have an overview of the Foreign and Corrupt Practices Act 1977; a United States federal statute which prohibits the bribery of foreign public officials and regulates certain accounting practices
- Know the effect recent legislation from the US will have on UK financial institutions
Training Bundle Overview
This bundle will provide an overview of a selection of US statutes that are likely to affect the practice of international lawyers working in the UK. The bundle examines aspects of the Dodd-Frank Act, the Foreign Corrupt Practices Act and Chapter 11 to the US Bankruptcy Code.
- CPD Points:
- This bundle can provide up to 7 points details »
- Price:
- £299 (includes unlimited access until the end of 2012!)
- Suitable for:
- Solicitors
- Practice Area:
- Commercial Law
- Banking and Financial Services
- Insolvency & Restructuring
- Contributors:
What is a CPDcast Bundle?
CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.
Contents
US Law for UK Lawyers contains the following CPDcasts:
- with Robert Goldspink and Emma O'Kane from Morgan, Lewis & Bockius LLP
This podcast aims to introduce the listener to the relatively unknown Foreign and Corrupt Practices Act 1977. It sets out why the Act draws international interest, including a detailed look at the anti-bribery provisions, the available defences and the potential problems for an individual or business as a result of a prosecution or claim under the Act. Further, the podcast aims to help the listener understand how to avoid liability under the Act and there is also some commentary on the future of the Act and other bribery laws.
After completing this course you will:
- Understand why there is international interest in the Act;
- Understand how foreign companies and individuals can be covered by the Act;
- Understand the problems experienced by transgressors;
- Understand preventative measures which can be taken;
- Understand how the current climate is changing with regard to bribery offences in the UK and Europe.
- with Lynn Hiestand from Skadden
This podcast gives an overview of the Chapter 11 regime in the US and looks at the differences between the US and UK approaches to restructuring a company. It explains the terms that are used in relation to a Chapter 11 administration. It also looks at when a company must file a Chapter 11 and the obligations and restrictions on a company during Chapter 11.
After completing this course you will:
- Be aware of the US Chapter 11 procedure;
- Understand the difference between the US and UK approaches to restructuring a company;
- Know the jargon associated with a Chapter 11 filing;
- Know when a Chapter 11 would be appropriate;
- Appreciate the restrictions and obligations on a company during the Chapter 11 process.
- with Lynn Hiestand from Skadden
This podcast looks at the key parties to a Chapter 11 proceeding, the order of priority creditors take in a Chapter 11 administration and the concept of DIP financing. It looks at the exit route from Chapter 11. The podcast also explores international administration regimes and compares them to the Chapter 11 process.
After completing this course you will:
- Know the key parties for a Chapter 11;
- Be aware of the order of priority creditors take;
- Understand the concept of DIP financing;
- Be aware of the exit route from Chapter 11;
- Appreciate the range of insolvency regimes in other jurisdictions.
- with Heath Tarbert and Peter King from Weil, Gotshal & Manges
This podcast aims to give the listener an overview of the major areas of the Dodd-Frank Act, with a focus on the provisions related to systemic risk, the regulation of financial institutions, the Volcker Rule and the changes expected to affect hedge funds and private equity funds. It also focuses on the regulatory regime applicable to derivatives and OTC swaps and the new rules for executive compensation. Finally, the podcast draws comparisons between the US and UK regimes.
After completing this course you will:
- Appreciate the main areas affected by the Dodd-Frank Act;
- Understand the concept of systemic risk in relation to the Dodd-Frank Act;
- Be aware of the new regulatory regime for financial institutions;
- Understand the scope of the Volcker Rule;
- Know what changes will affect private equity funds and hedge funds;
- Be aware of the new regulations for derivatives and OTC swaps;
- Appreciate the differences and similarities between the Dodd-Frank act and the relevant European and UK legislation.
- with Benoît Keane from Keane Legal and Helen Bignall from Hogan Lovells
This podcast aims to set out the developing relationship between sporting rights and competition and EU competition rules. While sport itself may be competitive, it is also a multi-billion pound industry carrying lucrative media rights, merchandising and sponsorship. How do you reconcile the co-operation to create a product with an anti-competitive agreement? This podcast also addresses the developing jurisprudence on the applicability of competition rules to measures designed to maintain standards in professional sport.
After completing this course you will:
- Understand the structure of competition law in the EU;
- Be aware of the tension at the heart of sport between co-operation and competition;
- Understand how the commercial activities of sporting competitions come within the ambit of competition law;
- Be aware of a number of recent cases from the EU and US on sports merchandising;
- Be aware of the developing jurisprudence concern the regulation of sporting activities and whether punitive measures when enforcing standards might be anti-competitive;
- Understand the balancing exercise the courts undertake when ruling against anti-competitive practices.
- with Anna Pinedo from Morrison & Foerster
This podcast aims to give the listener a comprehensive overview of the provisions in the Dodd-Frank Act that are relevant to non-US banks. Anna Pinedo, a partner in the New York office of Morrison & Foerster, summarises the key areas of the Dodd-Frank Act and looks at the concept of systemically important financial institutions and the mandated studies currently in progress that may have an effect on banks. In particular, the podcast considers how non-US institutions are likely to be affected by the changes and how practitioners can prepare for this. The podcast also clarifies the different categories of institution and the provisions that apply to them respectively. Ms. Pinedo discusses the Volcker Rule and the concept of a nonbank company and permitted activities under the rule. Finally, the rules relating to derivatives and the Lincoln Provision is discussed, before comparing the EU and US regimes.
After completing this course you will:
- Appreciate the purpose of the Dodd-Frank Act;
- Understand the concept of a SIFI;
- Be aware of the mandated studies currently affecting banks;
- Know the effect the legislation in the US will have on UK institutions;
- Be able to identify the categories into which an institution belongs;
- Have an overview of the Volcker Rule and its effect in the UK;
- Know how UK institutions will be affected by the Lincoln Provision;
- Appreciate the difference between the EU and US regimes.
- with Thomas Humphreys from Morrison & Foerster
This podcast aims to set out the major provisions of the US Foreign Account Tax Compliance Act (‘FATCA’), to clarify what FATCA is essentially about, to outline where there is a need for action and what implications this legislation will have for asset managers, banks and other financial institutions with US clients. The podcast will address the burdensome compliance obligations that financial institutions will face to in order to avoid a punitive US taxation regime. While the legislation has not yet come into force, The podcast will also touch on the frenzied work that is being carried out by professional bodies to secure exemptions from the IRS and US Treasury who are primarily concerned about tax evasion by US citizens.
After completing this course you will:
- Understand what FACTA is about and where it has come from;
- Understand how FACTA differs from the existing QI (Qualifying Intermediary Regime);
- Be aware of the scope of the FACTA regime for UK lawyers and finance professionals;
- Understand what obligations FACTA imposes on financial institutions within its scope;
- Be aware of the changes that many financial institutions will have to adopt to remain compliant with the legislation;
- Be aware of the potential conflict between this legislation and domestic arrangements protecting client confidentiality.
Contributors
US Law for UK Lawyers features the following legal experts:
Bignall, Helen (Hogan Lovells)
Helen advises clients on all areas of EC and UK competition law. This includes advice relating to contentious matters, behavioural issues, and merger control.
Helen has particular experience regarding UK cartel investigations, and on proceedings before the UK High Court and European Courts. She has also advised clients involved in arbitration proceedings where competition law issues have been raised. Helen has extensive experience of drafting and responding to complaints to UK and EU competition law authorities.
Helen regularly advises clients on competition law issues arising in the context of commercial agreements including distribution arrangements and IP licenses. She also frequently provides compliance advice, including through client seminars.
Goldspink, Robert (Morgan, Lewis & Bockius LLP)
"… according to peers, [Morgan Lewis] enjoys a "heavyweight" reputation in handling disputes concerning insurance and fraud-related issues. …Rivals credit Robert Goldspink … as having "built a more substantial practice in London than many other US firms." (Chambers & Partners 2003)
Robert is the Managing partner of the London office and head of Morgan Lewis's International Litigation and Arbitration practice in London. His cases usually involve multi-jurisdictional financial or commercial disputes and often issues of fraud.
In over 25 years of practice he has represented banks, companies and government agencies in many substantial cases involving teams of lawyers and other advisers in many different countries.
Hiestand, Lynn (Skadden)
Lynn Hiestand is the co-head of the European Corporate Restructuring group at leading bankrupcy law firm Skadden. Lynn has over 25 years experience in advising clients on distressed M&A and complex cross-border financial restructurings. She has been involved in a number of significant cases in this area including Delphi Corporation, Refco Inc., Eurotunnel and Lehman Brothers Holdings Inc., to name a few. Lynn is ranked by all the major legal directories as a leader and pioneer amongst restructuring and insolvency lawyers.
Humphreys, Thomas (Morrison & Foerster)
Thomas Humphreys is a partner in the New York office of Morrison & Forester, where he heads the Federal Tax Practice Group and co-chairs the Tax Department. He has particular expertise in handling the tax related aspects of capital markets transactions, financial instruments, real estate investment trusts, mortgage and asset-backed securities, mutual funds, mergers and acquisitions, bankruptcy and reorganization, and international transactions. Mr. Humphreys advises investment banks and issuers on the development of new financial products and the major capital markets developments in the last decade. He is an adjunct professor of law at New York University Law School, where he teaches Taxation of Financial Instruments in the LL.M. program and a member of the faculty of the European Tax College in Brussels, Belgium, where he teaches a seminar on the U.S. Taxation of Financial Instruments.
Keane, Benoît (Keane Legal)
Benoît Keane is a solicitor (England & Wales) who runs a specialist European law practice in Brussels called Keane Legal. He advises on a wide range of European internal market law and competition law matters. He regularly acts in cases before the European Commission and European Courts. In particular, he is an experienced adviser to media and sports organisations and has acted in some of the leading European law cases in the media and sports sectors.
Benoît Keane read law in University College Cork and obtained a master’s degree in European law at the College of Europe, Bruges. He worked for a number of highly respected international law firms in Brussels before starting his own practice. He speaks and writes regularly on European law developments and is the former Chair of the Institute of international & European Affairs – Brussels.
King , Peter (Weil, Gotshal & Manges)
Peter King is a partner in the Corporate group in London. Peter joined from Shearman & Sterling where he was Head of M&A in London, responsible for the development and implementation of London M&A and equity capital markets strategy, as well as leading major transactions. He joined Shearman in 2003 from Linklaters where he trained and became a partner in 1990.
He is ranked as one of the leading individual lawyers in corporate finance and capital markets in the most recent editions of both Chambers and Legal 500.
O'Kane, Emma (Morgan, Lewis & Bockius LLP)
Emma O'Kane is an associate in Morgan Lewis's Litigation Practice. Her expertises focuses on a variety of complex international commercial matters involving litigation and arbitration.
Emma advises English and international clients on a full range of commercial and financial disputes, including large scale contractual disputes, fraud, competition, and banking litigation. Emma has acted in a number of high-profile and reported cases in the English Court of Appeal and in multi jurisdictional matters for companies across Europe, Asia, and the United States. Her arbitration work focuses on a variety of international ICC cases.
Emma is qualified to practice as a solicitor in England & Wales and Australia.
Pinedo, Anna (Morrison & Foerster)
Anna Pinedo is a partner in the Capital Markets Group of Morrison & Foerster LLP. Ms. Pinedo concentrates on securities and derivatives, representing issuers, investment banks and financial intermediaries in financings, including public and private offerings of equity and debt securities, as well as structured products and innovative financial products. In the derivatives area, she counsels financial institutions acting as dealers and participants in the derivatives markets. Ms. Pinedo advises on structuring issues, as well as on regulatory issues and hedging techniques. She speaks and writes regularly on financial instruments and other securities laws issues. She is also an active participant in various bar and other professional associations.
Tarbert, Heath (Weil, Gotshal & Manges)
Heath Tarbert is the head of Weil Gotshal's Financial Regulatory Reform Working Group and counsel in the firm’s Corporate Department. A dual qualified US-UK lawyer, Mr. Tarbert is recognized for his transactional and regulatory expertise involving US and foreign banks, thrifts, credit unions, non-bank financial institutions, and holding companies. He also practices in the area of derivatives and complex financial products.
