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Legal aspects of projects in Russia and CIS companies on the acquisition and establishment of foreign assets

May 15th, 2012
in Legal, Legal Conferences, Legal Conferences, Russia and CIS |

In order to strengthen the resource and production base, access to new consumers and technology companies in Russia go to the world markets and the globalization of its activities is considered an essential element of long-term plans. 

The acquisition or establishment of companies abroad allows companies to obtain competitive advantage – by gaining new markets, expanding resource base, overcoming tariff and non-tariff barriers, diversification and reduce production costs. According to the report of UNCTAD, in 2011 Russian companies investing abroad increased by 28% and, together with the investments of the CIS and South Eastern Europe reached a record high – 73 billion U.S. dollars. 
Knowledge of the complex set of legal issues that accompany the acquisition or creation of an enterprise abroad is an essential element in the preparation of the project, and the more important knowledge gained from practical experience.

C5 Conference “Legal aspects of the projects in Russia and CIS companies on the acquisition and establishment of foreign assets” will provide a platform to share experiences and gain practical advice and the latest information on the organization of enterprises in the CIS, Asia, Latin America, Africa and Europe:
  • How to structure joint ventures with offshore structures – recent changes in domestic and foreign legislation, reflected in the mode of taxation, the organization of business and legal protection of participants
  • What are the most important features to consider when organizing a joint venture with companies with state participation
  • How to get a permit and business license
  • What are the legal mechanisms to protect the investments can be applied in practice: the use of international law and treaty instruments in different jurisdictions
  • How to organize a successful insurance and banking software project

EU Pharma Regulatory Law

April 24th, 2012
in Intellectual Property, Legal, Legal Conferences, Legal Conferences, Litigation |

2012 is set to be a critical year for EU pharma regulation with the implementation of the pharmacovigilance rules, proposals to amend the data protection and clinical trials directives and the new falsified medicinal products directive.

In addition, the Mediator case triggered an overhaul of regulation governing the healthcare sector in France and a drive towards increased transparency and the impact of this case is likely to be felt across the EU.

Questions are being raised about anti-corruption efforts and where we are a year on from the introduction of the UK Bribery Act.

There are a number of competition law developments, there are concerns regarding off-label promotion and a number of legal problems are arising as a result of pharma companies developing their social media presence.

The budgetary pressures across Europe and the Eurocrisis are having a critical impact on health authorities across Europe and the scope of SPCs has been clarified.

Don’t miss this outstanding opportunity to learn from and network with those at the forefront of pharma regulatory law in the EU Market. Confirm your participation today and be rewarded with a significant discount.

C5′s Anti-Corruption Forum — West Africa Edition

April 6th, 2012
in Legal, Legal Conferences, Legal Conferences |

Following the success of C5’s Anti-Corruption – Sub-Saharan Africa in September last year, C5 is pleased to provide its first forum on Anti-Corruption – West Africa which is taking place on Tuesday 19th – Wednesday 20th June 2012 in Accra, Ghana.

This exceptional inaugural event will delve even further into the specific security, political instability and cultural nuances associated with conducting business specifically in the oil and gas dominated West Africa region. Find out how your company’s operations are impacted and how your compliance procedures should react to specific challenges faced when operating in this area.

 

Join key international enforcement agents from across West Africa and around the world to discuss the status of anti-corruption and bribery legislation and enforcement in West Africa. These discussions will be followed up with practical working groups to examine best practices to identify who is a “government official”, avoid requests for facilitation payments and inappropriate gifts and hospitality whilst observing local customs, effectively complete due diligence on third parties to analyse corruption risks and creating a culture of anti-corruption compliance across your West African operations.

 

Don’t miss presentations from:

•             Dominique Abrokwa, Legal and Compliance Manager, Siemens AG

•             Emmanuel Kachikwu, General Counsel, ExxonMobil (Nigeria)

•             Jean Louis Gaillard, Ethics and Compliance Manager, Panalpina

•             Crockett Oaks III, Head of Business Integrity, Shell

•             Sade Morgan, Legal Director, West Africa Area, British American Tobacco Nigeria

•             Thomas Beale, Chief Governance Officer, Vodacom Group (Pty) Ltd

•             Kwesi Baiden, Senior Counsel Africa, Ensco

•             Michelle Ndoki, Senior Counsel Corporate & Global Functions, Diageo – Guinness Cameroon

•             Ibrahim Lamorde, Executive Chairperson, Economic and Financial Crimes Commission (EFCC)

•             Joseph  Fitzgerald Kamara, Commissioner, Anti-Corruption Commission

•             For the complete speaker list

Plus:

Peter Jones British High Commissioner to Ghana and Andrew Sekela, Special Investigator, International Corruption Unit, US Federal Bureau of Investigations will share their insights on what challenges lie ahead for all British, US and affiliated companies and nationals in the region under the UK Bribery Act and US Foreign Corrupt Practices Act.

 

This year’s forum will feature the following cutting edge sessions:

•             West African Legislative and Community Initiatives and Enforcement Priorities for Anti-Corruption and Bribery: What Progress is being made to Crack Down on Corruption and Bribery?

•             Preparing your Company for the Extraterritorial Reach of the UK Bribery Act in West Africa

•             Latest US Foreign Corrupt Practices Act landmark settlements and investigations in West Africa: Who is next? What are they looking for?

•             Instilling a Global Culture of Compliance whilst Incorporating Local Customs:  Implementing and Maintaining an Effective Region-Specific Anti-Corruption Compliance Programme

•             Best practices for getting your goods through customs: Selecting trustworthy partners and avoiding facilitation payments

•             Combining local and international law and cultural requirements into your anti-corruption compliance programme

•             Completing safe and effective due diligence investigations on individuals and companies which do not understand or consent to such scrutiny and questioning

 

Pharma Patent Lifecycles

April 2nd, 2012
in Legal, Legal Conferences, Legal Conferences, Pharmaceuticals / Biotech / Life Sciences, Pharmaceuticals and Biotech |

The pharmaceutical industry stands on the edge of a patent cliff, with many blockbuster drugs going off patent in 2012 and 2013.

This decline in the number of patents not only creates problems for big pharma innovators, but also puts generic companies under pressure to maximise their opportunities. With the cost of research and development continually rising and the need to obtain maximum revenue from existing patent terms, patent lifecycle management is becoming more crucial for the pharma industry than ever before.

At this time it is essential that you know how to modify your lifecycle strategy to legitimately extend revenue streams and take advantage of the changing patent landscape.

Benchmark your strategies for patent lifecycle extensions with your direct peers and gain an advantage over your competitors.

For more information, check the link below:

http://www.c5-online.com/files/pdf/marketing/509L12-LON-E.pdf

Long Term Gas Supply Contracts

April 1st, 2012
in Energy, Legal, Legal Conferences, Legal Conferences |

In the uncertain economic landscape of the European gas market, purchasing utilities are facing adverse trading terms throughout their portfolios.

The divergence of oil and gas prices continues at a pace with no sign of abatement. These market conditions have led to those functioning under oil-indexed long term gas supply contracts being obliged to buy high and sell low, crippling profit margins and placing them in jeopardy.

Many utilities simply cannot afford to continue to operate under these constraints, placing immense pressure on the trading relationships between them and their suppliers as each stand their ground; leading to intricate pricing disputes. In recent months a few industry players have successfully sought renegotiation of their long term gas supply contracts in an attempt to level the playing field.

C5’s second annual “Commercial and Legal Strategies for Negotiating Long Term Gas Supply Contracts” conference has been fully researched and redeveloped to ensure the latest tactics, tips and techniques required for successful contract negotiation are all presented. We have assembled the leading industry figures from all streams to provide their in-depth evaluation of the contractual provisions, re-negotiation strategies and arbitral issues that are critical in the European gas market today.  2012’s hot topics that will include:

  • Assessing the current and future climate of long term gas supply contracts
  • Negotiating price revision
  • Negotiation when contractual rules are silent
  • Commercial considerations to circumvent contractual disputes
  • Dispute resolution through mediation and arbitration
  • Improving efficiency and predictability of arbitration
  • Baseball arbitration
  • Assessing the global gas market trends
  • The impact of the global energy market dynamic on price
  • Effective drafting  of future long term contracts
  • The importance of governing law in gas contracts

This conference brings together experts from all streams to focus and reveal their industry know-how on the fundamental issues affecting the European gas market today. Anyone involved in the negotiation or renegotiation of long term gas supply contracts simply cannot afford to overlook this opportunity to prepare their armory and safeguard their company’s market position.

US Online Gaming Law

March 31st, 2012
in Legal, Legal Conferences, Legal Conferences |

With the DOJ opinion on 23 December 2011 appearing to clarify the legality of US Online Gaming it is no wonder that operators, manufacturers, and technology providers are winging into action with plans in place to try and tap this potentially lucrative new revenue source.

However, there remain many legal and regulatory hurdles before such strategies can become reality.

  • Who will be responsible for the regulation, State-by State?
  • Who would have jurisdiction if interstate play was permitted?
  • How will cross-border capability improve liquidity in the market?
  • Could States operate with different technical standards?
  • How will regulators avoid over-taxing?

The uncertainty which stands in the way of huge potential profits is a current challenge for lawyers, operators, regulators and gaming business leaders. The gaming industry must remain ready and continue to be proactive during what is likely to be a period of rapid legislative and regulatory changes in the next 12 months.

Hi-Tech Patent Litigation & IP Strategies

March 22nd, 2012
in Intellectual Property, Legal, Legal Conferences, Legal Conferences, Litigation, Telecoms & Technology |

With significant case law developments, numerous infringement actions and injunctive relief being sought across Europe and beyond, Hi-tech patent law continues to evolve rapidly.

Given the highly competitive and lucrative nature of the industry, coupled with an increasing need to get products to market, it is more important than ever that in-house counsel and patent attorneys stay abreast of recent court decisions and how they impact IP strategy on a global level.

In addition to current litigation tactics, hi-tech manufacturers, distributors, networks, software and hardware developers need to ensure they are implementing the most competitive licensing strategies to protect and defend their patent portfolios and maximise revenues when entering or consolidating their place in the market.

The 2012 Hi-Tech Patent Litigation and IP Strategies forum will focus on the latest case law developments on hi-tech patents across Europe and beyond and offer real-time initiatives on how to use these decisions in the licensing strategies you employ.

You will walk away with fresh insights, tactics and tools to strategise your IP licensing and keep up with the latest case-law and its implications on your patent strategy in this highly competitively market including:

  • UK, Dutch, German and French Counsel on developing a cross-border enforcement strategy
  • KPN, Qualcomm, RIM and Industry analysts Wiseharbor on the opportunities and pitfalls of FRAND licensing
  • Ericsson on protecting your patent portfolio from the threat of NPEs
  • Nokia on using litigation as a catalyst to conduct effective cross-licensing negotiations
  • The inventor of the “Italian Torpedo” procedure on successfully navigating patent thickets
  • The European Commission on the practical implementation of a single EU patent
  • WIPO on proven ADR techniques that work
  • Qualcomm on complying with competition law when drafting licensing agreements

For more information, check the link below:

http://www.c5-online.com/files/pdf/marketing/678L12-LON-E.pdf

 

Anti-Corruption Southern Africa

March 19th, 2012
in Anti-Corruption / FCPA, International Trade & Defense, Legal, Legal Conferences, Legal Conferences, Litigation, Regulatory Compliance and Trade |

In October 2011, South African President Jacob Zuma ordered a new probe into the infamous Arms Deal that involved corruption and bribery allegations during a R30 billion procurement deal.

The new commission of enquiry will now have two years in which to finally put the arms deal scandal to rest.  Meanwhile, yet another South African police chief and government ministers have hit headlines in the latest round of corruption allegations against President Zuma’s government.

Adding to mounting pressure, Japanese-based Marubeni Corporation has agreed to pay $54.6 million to resolve FCPA charges related to a decade-long scheme to bribe government officials in Africa, further demonstrates that no company is beyond the reach of the US Foreign Corrupt Practices Act. This is coupled with the implementation of the UK Bribery Act in July 2011 which will have extraterritorial reach throughout Southern Africa for any company that carries on any “part of a business” in the UK. Accordingly, all companies doing business or investing in Southern Africa and local companies listed on foreign stock exchanges or with ties to foreign companies must take extra care to ensure their organisation fosters a culture of strict compliance from management down and that ALL potential corruption and bribery risks are detected and minimised as quickly as possible to avoid intrusive government investigations, significant fines and costly settlement arrangements.

Following last year’s sell out success, C5 is pleased to bring you C5’s second Forum on Anti-Corruption – Southern Africa Edition which will once again bring together a leading faculty of experienced in-house and private practice lawyers, compliance executives and government officials who will provide the latest strategies to facilitate compliance with Southern African, US, UK and European anti-corruption laws and mitigate damages should a violation occur.

The fully updated agenda for 2012 includes:

  • Southern Africa’s anti-corruption legislative reform and enforcement efforts:  How the past year’s developments have changed the face of corporate compliance.
  • How the Extraterritorial Reach of the UK Bribery Act will impact Southern African Business: Putting “Adequate Procedures” and a “failure to prevent bribery…” into Regional Context.
  • What’s Next for FCPA Enforcement: What local and international Southern African Based Organisations Needs to Know.
  • Building a Culture of Compliance from the Top Down: Getting Buy In and Leadership Support.
  • Conducting thorough risk-based due diligence against all third parties to control and minimise liability risks.
  • Installing a strong and safe whistleblowing system that employees will use: Accounting for cultural nuances.
  • Navigating the Southern African customs process: Who to trust? What to Avoid? How to Respond to facilitation payment requests.
  • Private to Private Corruption: New ways the private sector can be implicated in bribery and corrupt practices.

Use this opportunity to benchmark your practices with leading local and international organisations and pick up critical knowledge from the anti-corruption experts. This is an outstanding career, business networking and information sharing opportunity.

4th Russia and CIS Summit on Anti-Corruption

March 17th, 2012
in Anti-Corruption / FCPA, Legal, Legal Conferences, Legal Conferences, Russia and CIS |

Implementation of anti-corruption legislation fundamentally changes the approach of global corporations to conduct business. Not far behind is your klmpaniya in this matter? Visiting a key regional event on anti-corruption compliance, will allow you to keep abreast of issues related to compliance with the requirements of the law.

Join your fellow delegates, “the key to Russia and the CIS anti-corruption compliance in the event.” You will be given a unique opportunity to interact with leaders and replication of best practices. For the 4th time in Russia and CIS Summit on Antikorruatsii conducted by the American Conference Institute, will provide you with comprehensive practical information about the global challenges related to compliance with anti-corruption laws, as well as the detection of bribery schemes and mitigating your compliance risks.

Actuation of the U.S. corrupt activities abroad is gaining momentum, while the UK bribery law, and a new Russian anti-corruption law makes international corporations fundamentally rethink approaches to compliance programs. At the same time, the risks of bribery and corruption in Russia and CIS countries are still extremely high. According to the Corruption Perceptions Index by Transparency International among the 28 largest world countries, in November 2011, Russia’s corruption indicators have fallen to the lowest level since 2007. Russia remains one of the most corrupt countries in the developed world. This figure and the establishment of business once again serves as a reminder of precautions for companies considering investment in the region. This exclusive and strategic conference will bring together international professionals in the field of corporate ethics and internal controls, lawyers and government officials.

The updated program in 2012 will provide you with objective information on how to:

- Identify the circuit structure, the hidden actors and questionable deals with high risk of corruption 
- Develop a robust compliance monitoring by third parties to obtain reliable data 
- to act in the case of inspections by local authorities (practical experience for the preparation of responses to the facts of the investigation of corruption by local authorities) 
- Rate this unique, elevated risk factors of minority joint ventures 
- Bring in compliance with Russian law on competition with the anti-corruption laws of the United States post-Novo Nordisk 
- to avoid falling into the “trap of bribery” CEOs 
- Minimize the risk of exposing the perpetrators of official investigations of post-Dodd-Frank 

C5’s Forum on Investment Protection in the MENA Region

March 16th, 2012
in Legal, Legal Conferences, Legal Conferences, Litigation |

Gain Insights on the Impact of Regime Change on Your Business Operations and the Practical Steps You Need to Take Now to Enhance Investment Protection.  Assess and Minimise Future Legal Risks.

Instability generally in the economy worldwide has led to a permanent struggle to ensure stability for investors.  Companies are desperate to find the right balance.  Obviously when a major company invests in a foreign state, it mitigates for certain risks.  But the situation thrown up by regime change and political instability can have a more significant effect on major projects.  At the moment in the North Africa region, the focus is on risk assessment and safeguarding future investments.  This is a highly lucrative region and companies will be keen to cement their place in its future.  But caution is the key word.  The issue in North Africa is incredibly topical and poses some very difficult legal issues.  The legal concepts are complex – what rights do the new regime have?  How can companies prepare for the review of contracts by the new regime?  How should companies deal with the new governments?  Invest in this two day conference and hear how you can use the experience of the past year to enhance your investment protection and risk assessment procedures.

C5’s Forum on Investment Protection and Future Risk Assessment in the MENA Region during Turbulent Times is offering you an intensive two day conference that will provide you with a clear understanding of the steps you need to take to protect your investments and assess and mitigate against potential future risks which may arise from the Arab Spring.  There will also be plenty of practical and targeted case studies which will give you the opportunity to work through carefully selected scenarios with your peers. Take this insight and critical analysis back to the office and use it to enhance your existing investment protection and risk assessment strategies.

Highlights include learning about:

  • the impact of the Arab Spring in different countries including Egypt, Tunisia, Libya and Syria and how you should respond
  • practical steps you should take now to protect your investments
  • how to minimise potential future risks
  • the extent of the protection currently afforded by contract and by international law
  • lessons learned from the experience of the last year so that you can amend your contracts so that they provide further investment protection in future
    the impact of the Arab Spring on dispute resolution mechanisms
  • successful strategies for re-entering Libya and resuming business operations there
  • what you should do to comply with your obligations under international law while Syria is in a state of unrest
  • how to prepare for situations where the current law is used differently as in Egypt and Tunisia
  • practical steps you should be taking now to pre-empt action by the new regimes
  • the latest arbitration cases against the Egyptian government and what this could mean for your business

There will be plenty of time for audience interaction with speakers, including class discussion and interactive, hands on exercises.

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