Archives: Articles

Subscribe to Articles RSS Feed

Investment in Non-performing Loans in China

China’s Non-performing Loans market, as well as the legal regime applicable to NPLs, has developed rapidly over the past years and has attracted attention from both international and local investors. Overall, China has steadily deregulated the trading of NPLs since the launch of this industry nearly two decades ago. In this article, written by our … Continue Reading

Avoid misclassification quagmires by understanding differences between contractors and employees in the US

Classification missteps can translate to significant legal and economic risk for businesses.  Our colleague Isabel A. Crosby discusses how the first and critical step in the hiring process in the US is the determination of the worker’s status as an employee or independent contractor when engaging a worker to perform paid work services. To learn more about … Continue Reading

Equity incentive plan basics

Tyler Hollenbeck and Cisco Palao-Ricketts give their high-level recommendations for founders regarding terms and structure of equity incentive plans. Recommendations discussed include the size of equity plan share pool, authority to approve equity grants, types of equity awards, equity award vesting, transferability and early exercise of stock options. To read the full article on Accelerate, DLA Piper’s dedicated online resource … Continue Reading

The rise of tokens: critical considerations for VC firms

Our colleagues Jennifer Kristen Lee, Louis Lehot and Mark Radcliffe share considerations for VC investors using ICOs to finance their portfolio companies with Venture Capital Journal. Among the critical issues discussed are hybrid token offering approval, application of blockchain technology to portfolio companies, terms of the hybrid token offering, the identity of the issuer and tokenomics. … Continue Reading

M&A term sheets 101

The first step in a typical M&A transaction is for the buyer and target to sign a term sheet or letter of intent. This article by our colleague Eric Chow provides an overview of some of the key terms that often appear in a term sheet for an M&A transaction. Click here to read the full article. … Continue Reading

Withdrawal, transition and trade – the commercial implications of the latest milestone in the Brexit negotiations

As the one year countdown to Brexit begins, our colleagues Paul Hardy, Richard Bonnar and Jeroen Jansen provide their analysis of the recent negotiations and their insight into the commercial implications of the Withdrawal Agreement, the transitional arrangement, and the EU Guidelines on the future trade agreement. Click here to read the full analysis.  … Continue Reading

Italian Privacy Code repealed, what to expect with the GDPR?

Italian companies can now rely on guidelines on how to comply with the European General Data Privacy Regulation (GDPR). These guidelines unveil some interesting positions. In recent weeks, the French and Dutch data protection authorities have announced their own approaches to the GDPR. Now, Garante per la protezione dei dati personali, Italy’s DP authority, has issued its six-step methodology … Continue Reading

Considerations when expanding globally

This article by our colleagues Ute Krudewagen and Yana Zubareva provides an overview of the key issues to consider when scaling your business globally. While international expansion remains at the forefront of the expansion plans of many companies, risks also abound. In particular, regulatory risk has become one of the major concerns associated with international expansion. Click here to read … Continue Reading

Raising venture capital? Read our 12 tips

Corporate partners Louis Lehot and Jeff Lehrer outline 12 tips for startups when raising venture capital. Issues discussed include choosing the right advisors, developing your target investor list, practicing your elevator pitch, protecting your intellectual property and preparing a due diligence binder to help investors. Click here to read the full article on Accelerate, DLA Piper’s dedicated online resource for entrepreneurs looking … Continue Reading

The UK releases new guidance on Mutual Agreement Procedures

In our latest Global Tax Alert, our colleagues Shee Boon Law, Joel Cooper, and James Dalley discuss the recent guidance on the Mutual Agreement Procedure (MAP): Her Majesty’s Revenue and Customs (HMRC), the UK tax authority, has published revised guidance on the Mutual Agreement Procedure (MAP) in its International Manual (INTM) (INTM 423000 – INTM423130). The new guidance, … Continue Reading

Private LTE Networks – a new user’s guide

Our new handbook – Private LTE Networks – is a user’s guide written by our colleagues Ira Keltz and Eric DeSilva that addresses regulatory and implementation issues in deploying a customized LTE (Long Term Evolution) system to meet your company’s needs. Businesses have always depended on private wireless systems for communicating, controlling automated systems and gathering data. In the … Continue Reading

The Internet of Things and the real estate sector

How is IoT revolutionizing the real estate sector? Find out more in our latest article. And stay tuned for information on our upcoming 6th annual Israel Real Estate Summit which will take place on May 2, 2018 in Tel Aviv.  The registration link will be live soon, but in the meantime for any questions, please contact Naomi … Continue Reading

Secondary debt trading update: eligible transferees – what is a “financial institution”?

A functioning secondary debt market is an important element of the European restructuring landscape, giving sellers an option to get out of challenging capital and resource-sapping situations. Buyers of second debt are often able to buy in at a level which gives them the flexibility to sustain an impairment of the principal amount due and/or provide … Continue Reading

Inspirational Women in Real Estate

At DLA Piper, diversity, inclusion and equality are a part of how we live our values and we are working hard to become a firm that is representative of the wider societies where we do business. In the real estate industry, there is a noticeable lack of women at the senior levels of organizations, our … Continue Reading

Tax advantages of Uruguayan holding companies

DLA Piper’s LATAM Law Blog recently featured the following guest post by Guzman Ramírez  from Bergstein Abogados, an independent law firm in Uruguay: Uruguay offers a number of tax advantages to multinationals. This has become especially so in the wake of the substantial tax reforms which have taken place in Uruguay in the last few years, … Continue Reading

Tips for raising venture capital: commercial contract issues

                Read the tips below from our colleague Jeff Lehrer: You started with a great idea and have built the technology to bring your idea to life. You have also addressed the critical intellectual property rights issues that will allow you to protect your idea in the commercial market. … Continue Reading

The SEC has the Munchees: Eating away at the “utility token” theory

In this week’s guest blog post, our Seattle-based colleagues, Andrew Ledbetter and  Trent Dykes, discuss takeaways from the SEC’s enforcement order regarding Munchee’s token offering and SEC Chairman Jay Clayton’s general public statement on cryptocurrencies and ICOs: For those who previously read our post about the SEC’s report in the DAO, much of this might not be a surprise – although … Continue Reading

Smartphone apps pose heightened compliance risks under new US FCPA Corporate Enforcement Policy

With the widespread adoption of “super-apps”, multinational companies operating in China and other emerging economies may be exposed to heightened compliance risks, particularly in light of the recent adoption of a new US Foreign Corrupt Practices Act Corporate Enforcement Policy (FCPA Enforcement Policy) that restricts the use of third-party apps for undocumented business communications. For … Continue Reading

The Internet of Things and connected cars: new opportunities and risks

Last week, Jeremy Lustman had the honor of introducing a panel discussion entitled, “Are We There Yet?  Four Ideas Driving the Revolution in Mobility”, at OurCrowd’s annual Global Investor Summit that took place in Jerusalem.  The panel focused on the shifting world of personal transportation that will radically transform how people get from one place … Continue Reading

Social Media Ownership Considerations in the Employment Context

Please read the latest post in The Labor Dish, our employment and labor blog about legal issues important to US employers:   At home, social media dilemmas include being 62 weeks deep in a social media account, and accidentally dropping a dreaded double-tap, “liking” a photo and releasing a notification that reveals your not-so-secret surveillance. It gets … Continue Reading

Russia amends its foreign exchange regulations

Russian foreign exchange regulation and currency control laws have been modified through two sets of amendments. Our colleagues, Steffen Kaufmann, Maria Shevchenko, and Alexi Kolesnikov, compare the current rules to the new rules that will go into effect in early 2018 here.… Continue Reading

Italian privacy legitimate interest gets complicated

Our colleague Giulio Coraggio explains how privacy legitimate interest might become difficult to manage in Italy following provisions introduced by means of the Budget Law: The Italian legislator seems not to like legitimate interest as legal basis of data processing. Indeed, under the current Italian Privacy Code, it required a previous approval from the Italian Data Protection … Continue Reading

Dutch Government’s proposals for the introduction of a binding, pre-insolvency composition – the “Dutch Scheme”

In our latest Restructuring Global Insight Series e-newsletter, our colleagues Marc Molhuysen and Connie van Niekerk take a look at the so-called “Dutch Scheme” to better understand the proposal likely to transform Netherlands insolvency legislation.  To learn more about the recently drafted bill, referred to as the Court Confirmation of Extrajudicial Restructuring Plans to Prevent Bankruptcy … Continue Reading