Understand Your Rights. Solve Your Legal Problems
Diversity within the legal industry is gradually improving with more to be done we can take a look at those who have created an active plan to increase diversity in the workforce.
The Fairness Project is committed to helping students improve their employability by understanding the barriers and how to overcome them. They also work to highlight the students’ own personal biases in order to create future employers who are fair and can alter the culture in the industry.
The Times recognised law firms which made significant progress in the way of diversity in 2023.
Included in their top rankings is Addleshaw Goddard as they have increased their statistics for women in partner roles from 20% to 28% over a 7 year period.
They are also featured in The Times Top 50 Employers for Women list.
Osbourne Clarke law firm based in Bristol has been committed to their inclusivity programmes which are a part of their Race Action Plan. These include, the Scholarship Initiative designed to support scholars and help them overcome the barriers in the industry.
Additionally, they have the OC Reach Talent Programme which welcomes ethnic minority students to gain work experience within the firm. This improves their opportunities as well as creating a substantial talent pool within the firm.
The Solicitors Regulation Authority have completed a study which shows the inclusivity which can be seen in the UK legal industry. Despite there being great progress with inclusivity growing each year there are still moves which need to be made to make the professional world more diverse.
The Solicitors Regulation Authority revealed that in the UK a small 19% of lawyers are black, Asian or from a minority ethnic origin. Of this only 17% of partners fall into any of these categories.
The median pay gap between those who are black, Asian or an ethnic minority and those who are white is at 7.6% in 2023. This means minority groups are being paid less than white staff over the legal industry.
In the UK, it was found that women make up 53% of lawyers and only 37% of partners in the UK are women
Forbes found that in the US only 39.51% of lawyers are women and only 4.89% of partners were women of colour.
Lawyers who come from privileged backgrounds and have parents who are from a ‘professional’ background is at 57% In 2023. This is slowly decreasing however, those who come from independent and fee-paying schools are still a majority within large law firms.
The LGBTQ+ community is a very underrepresented group within the legal industry and in the UK in 2023, only 4.57% of lawyers were reported to identify within the LGBTQ+ community. Of this only 2.57% of partners were of this group. This statistic is also reported to be increasing year by year, more needs to be put into action to encourage safety within the legal industry and promote diversity.
It is important for clients to see a wide array of people they can connect with. A study done by Reuters showed that law firms with the least diversity within their staff are more likely to miss out on instructions from corporates.
They discovered that 25% of corporate legal departments use diversity data when selecting which law firm to work with.
Research from Harvard Business Review observed that companies with above average total diversity achieve an average of 19% points of higher innovation revenues as well as 9% points higher earning before interest and taxes.
The culture within the legal industry is gradually changing and improving, with the support from further programmes designed to advocate for minority groups we can have hope more people receive equal opportunities.
Today, the 26th March 2024, Julian Assange learns whether he will be extradited to the United States or not after trying to overturn this for several years now.
Today the UK High Court gather to make a ruling and have now stated that the court is seeking assurances from the US and the appeal will be moved to 20 May. If no assurances are filed the appeal against extradition to the United States will be granted. As stated by the BBC.
The High Court has given the US government 3 weeks to give assurances to Julian Assange that he could rely on the First Amendment to the US Constitution, the protection of free speech. Also requested is assurances that Assange would not be prejudiced at trial or given a sentence based on his Australian nationality.
The Court has dismissed the argument that Assange was prosecuted due to political opinions.
This decision means that Assange will not be extradited immediately.
Assange, 52, an Australian computer expert, has been indicted in the U.S. on 18 charges over Wikileaks' publication of hundreds of thousands of classified documents in 2010.
According to the Economic Times, Julian Assange faces 17 counts of espionage and one charge of computer misuse. If convicted, his lawyers say he could receive a prison term of up to 175 years, though American authorities have said any sentence is likely to be much lower.
The argument against his imprisonment is that he was acting as a journalist to expose military wrongdoing and should therefore be protected under press freedoms guaranteed by the First Amendment to the U.S Constitution.
Assange is an Australian editor, publisher and activist who founded Wikileaks in 2006.
Assange used WikiLeaks to release thousands of internal or classified documents from government and corporate entities. This included documents obtained from U.S. Army Intelligence relating to the U.S. wars in Iraq and Afghanistan which was criticised as a threat to U.S. National security.
From then Assange wound up as a high profile target often being labelled as a terrorist and placed on house arrest several times.
Assange has now been in Belmarsh prison in London since 2019 at the request of US authorities as in 2021 a district judge stated Assange should not be sent to a US prison at the risk of suicide.
Camplus is an operator specialising in student housing and they are participating in a new pan-European joint venture with Partners Groups, listed on the SIX Swiss Exchange and Dea Capital Real Estate.
They will develop portfolios of new student accommodation in Europe aiming to become a market leader and have over 5 thousand beds. This represents the largest private equity deal in the European student-housing market. They are developing outside of Italy with projects in France and Spain.
Meanwhile the development of Camplus Ivry has developed a 250-bed site in Barcelona and a 448-bed in Paris. The plan is to launch the first two student residences, in Barcelona and Paris, between 2026 and 2027 and to create, within six to seven years, a platform widely distributed throughout Europe.
For the legal matters, Camplus was assisted by GOP with a team led by the Partner Emanuele Bosia assisted by the Associate Beatrice Orestano, in a team with the firm Iuxteam - Avvocati & Commercialisti led by Rocco Campanella.
This represents the largest private equity deal in the European student-housing market.
Cento Firori specialises in zootechnical feeds and complementary feeds as well as equine nutrition.
ECG Nutrition and supplements is a Belgian company belonging to the Equire Care Group involved in the acquisition of the company owned by Cento Fiori.
For the ECG group, this is the second investment in Italy after the acquisition of Clinica Equina San Biagio in October 2023.
The team at Iuxteam provided legal advice for Cento Fiori in the acquisition specialising in the production of feed and beauty products for horses by ECG Nutrition and Supplements. The team was led by Mario Fuzzi, managing partner for tax aspects and Rocco Campanella for legal aspects assisted by Giovanna D’Ottavio, Marta Barberini and Giulia Dirienzo.
Iuxteam also advised the Cento Firori in the reinvestment transaction.
The team at Iuxteam provided legal advice for Cento Fiori in the acquisition specialising in the production of feed and beauty products for horses by ECG Nutrition and Supplements.
Both companies are established players within the utility market, this acquisition will support Lanes Group’s ambitions for expansion across the UK.
Lanes Group, a UK company providing services for utility for Local government, transportation, rail, domestic sectors, telecoms and construction. Lanes Group were supported in the acquisition by Pearson Legal as well as RSM.
Clear-flow provides drainage services across the south West of England. They provide various services including tinkering, CCTV drainage and more to commercial customers including South West Water
The planning, preparation and competitive sales process for Clear-flow was run by PKF Francis Clark. The transaction was led by Andrew Killick and supported by Dave Armstrong and Brad Anderson.
PKF Francis Clark identified Lanes as an ideal purchaser due to the synergistic benefits for both parties and their customers. PKF negotiated all commercial aspects of the transaction and fully supported the EV to EQ negotiations through to completion.
Upayments is a prominent online payment solutions provider transforming business financial transactions with digital payment services tailored for businesses and entrepreneurs, founded in 2016. They have had significant success in the fintech industry which is consolidated by this sale leading them into a thriving industry as a leading innovator.
Meysan Partners advised UPayments in the sale of 51% of the share capital to the National Bank of Kuwait.
As a counsel for the sellers, my team and I played a key role in the sale of a 51% stake in Upayments to NBK. Our responsibilities encompassed negotiating and finalizing the transaction documentation, which included the Share Purchase Agreement, Shareholders Agreement, and various ancillary agreements integral to the sale. Additionally, we are involved in closing the transaction, meticulously finalising the conditions precedent, and ensuring all closing deliverables were in order, such as obtaining CPA approval.
To guarantee the success of this transaction, we prioritised the efficient allocation of tasks within our team, meticulous attention to every detail in our deliverables, and the strategic utilization of Meysan's resources. These priorities were critical in navigating the complexities of the sale and achieving a successful outcome for our client.
I was joined on this project by Michel Ghanem (Partner) and Neyla Rahal (Counsel).
My proficiency in Mergers and Acquisitions substantially increases the contribution I make to both our team and our clients. The depth of my experience in managing intricate deals, along with my honed negotiation and persuasive skills, plays a crucial role in securing successful outcomes in transactions. This expertise is not just about applying a set of fixed procedures; it's about understanding the unique dynamics of each transaction.
Indeed, while there are best practices and methodologies that are commonly applied in M&A, the reality is that each case requires a bespoke approach. This customization is dictated by a variety of factors, including the client's specific needs and objectives, the stance and expectations of the counterparty, the intricacies inherent in the transaction, and the distinct regulatory and legal requirements of each deal. My role, therefore, involves not only leveraging my expertise but also adapting our strategy to meet the nuanced demands of each situation effectively, ensuring that our client's goals are achieved in the most efficient and beneficial manner possible.
When representing a buyer in M&A transactions, the complexity of the role significantly increases due to the necessity of conducting a comprehensive review of the target company’s legal and financial standings. This ensures that the transaction documents meticulously include all necessary warranties and specific indemnities to safeguard the buyer’s interests.
Conversely, while acting on behalf of the seller presents its own set of challenges, it is an equally critical role. The sale process offers a prime opportunity to maximize shareholder value. Our responsibility involves strategically showcasing the business’s value to optimize the sale price. A key challenge we address for sellers is minimizing potential liabilities, including managing disclosures against warranties. We employ our negotiation expertise to effectively protect our client’s interests within the transaction documents, ensuring a balance between achieving a favourable sale outcome and limiting future obligations.
In both scenarios, the aim is to provide tailored legal counsel that empowers our clients to make informed, value-driven decisions. This involves a nuanced understanding of each party's priorities and leveraging this insight to navigate the complexities of M&A deals successfully.
To safeguard both Meysan and our clients from potential legal risks, we adhere to a meticulous due diligence process. Initially, for Meysan's protection, we conduct thorough conflict and compliance checks on all involved parties using advanced software solutions. We ensure that no engagements are signed until these preliminary checks are satisfactorily completed. Additionally, our due diligence reports always incorporate disclaimers and assumptions to shield Meysan from liabilities regarding matters beyond our expertise or outside our qualified jurisdictions.
Regarding our clients, our approach to risk assessment is both detailed and client-focused.
We request comprehensive information and background from the client to gain a deep understanding of the project. This involves not only gathering extensive details but also discerning the project's ultimate goals. Through this process, we evaluate the project's feasibility and legality, ensuring compliance with relevant laws and regulations. This dual-layered due diligence strategy is fundamental to identifying and mitigating legal risks effectively, thus protecting both our firm and our clients throughout the course of any project.
Navigating the complexities of a transaction, particularly the sale of shares with an adjustable consideration based on completion accounts and an earnout payment tied to specific milestones, presented several significant challenges. Foremost among these was the requirement to obtain approvals from multiple regulatory bodies, including the Competition Protection Authority, the Central Bank of Kuwait, and the Ministry of Commerce and Industry. Additionally, the difficulty of negotiating governance mechanisms and various transaction documents, alongside agreements critical for the company's post-completion operations such as partnership, technology, and employment agreements, added layers of complexity to the process.
To effectively manage and overcome these challenges, our approach centres on thorough task allocation and strict adherence to timelines, ensuring that all milestones are met within the set deadlines. We leverage the full spectrum of Meysan's resources, encompassing our legal team, administrative staff, and Public Relations Officers (PROs) who possess extensive experience in liaising with regulators and navigating the requirements of different administrations. This comprehensive strategy enables our team to address any arising issues promptly and maintain the momentum needed to drive the transaction to a successful conclusion.
My choice of specialisations in corporate law, particularly in mergers and acquisitions (M&A), capital markets competition and related financial services, was driven by a keen interest in the dynamic nature of these fields and the significant impact they have on global business practices. These areas are not only intellectually challenging but also offer the opportunity to accelerate transformative business transactions that can redefine markets and industries. My passion for navigating complex legal landscapes and contributing to essential business decisions has been a guiding force in this choice.
Staying current in these rapidly evolving fields requires a dedicated, multi-faceted approach. I regularly engage with continuing legal education programs and attend industry conferences to keep abreast of the latest developments and trends. Participating in professional networks and forums allows for the exchange of insights and experiences with peers, further enriching my understanding and approach to practice. Furthermore, I maintain an active engagement with academic literature and legal precedents, ensuring a deep and understanding of the legal frameworks governing M&A and corporate activities.
This commitment to ongoing education and professional development is essential for providing the highest level of service to our clients. It enables me to offer informed, strategic advice that aligns with the latest legal standards and market practices, ensuring that our clients' transactions are executed efficiently and effectively, with a keen awareness of both opportunities and risks.
Our commitment to our clients extends well beyond the closing of a transaction.
My team and I remain readily available to provide ongoing support and legal counsel as new needs or issues arise post-sale. This includes offering advice on any requested amendments or addressing unforeseen challenges that may emerge. Moreover, we leverage our extensive network and connections to facilitate any additional services our clients may require, particularly in jurisdictions where we maintain a presence. Our goal is to foster a lasting relationship with our clients, one that contributes to their continuous success by ensuring they have access to comprehensive legal support and resources tailored to their evolving needs.
In the period following the deal, our clients in general have seen notable advancements, largely attributed to the strategic legal frameworks put in place by Meysan. We carefully drafted and negotiated a suite of agreements designed to bolster the client’s operations and ensure its prosperity post-sale. This included a shareholders agreement that establishes a robust governance structure and management approach for the company, safeguarding the seller's interests in the process. Additionally, we facilitated a partnership agreement that underpins the cooperation between the buyer and the seller. This agreement is pivotal in fostering the development of the company’s technology and products, as well as expanding the customer base through mutual referrals. Through these targeted legal interventions, Meysan has equipped our client with the essential resources and frameworks to thrive in the post-sale environment, ensuring a smooth transition and a foundation for sustained growth.
Airseas design and produces wind propulsion technology to contribute to the decarbonisation of maritime transport. “K” Line has developed a partnership with Airseas over several years and are among the leaders in the sector. “K” Line demonstrates its confidence in the technology designed by Airseas and the strategy to combat global warming.
Deloitte France were there to support “K” Line on all the financial aspects. Whilst Jeantet advised them in cooperation with Nishimura surrounding the sale takeover of the activity of the company Airseas. Jeantet’s team was led by the Distressed M&A team led by Laid Estelle Laurent (partner) with Laetitia Ternisien (partner in social law), Jean Delapalme and Claire Blondel.
Airseas were advised throughout this sale takeover by Kacertis Avocats on restructuring aspects as well as social law and Eight advisory on financial aspects.
B3 has entered a partnership with ACX Group to create a trading platform for carbon credits, securities issued to neutralise greenhouse gases. B3 have stated that the partnership with global carbon credit trading platform ACX will give clients access to a centralised global order book connected to major global standards.
Campos Mello Advogados provided legal advice for B3 for the duration of this partnership.
“Beyond traditional legal counselling, central to our methodology is the recognition that in today's dynamic business landscape, legal expertise alone is insufficient. Therefore, we usually place great emphasis on cultivating understanding of the different cultures and approaches involved, other knowledge sectors and markets involved in the transaction, which enable us to offer thorough advice that aligns with the client's broader strategic objectives.”
From the initial kick-off phase, throughout the negotiation of the transaction documents and until the execution of the legal instruments, our main role during this process was to serve as strategic legal counsel for B3 to give them legal grounds to make the best commercial decisions.
Drawing upon the collective years of legal experience of the partners and associates of our firm, we worked closely with the client’s teams on navigating complex legal intricacies involved in negotiating this cross-border partnership to bring ACX trading platform to Brazil under the umbrella of B3’s exchange markets. This involved extensive due diligence work, complex contract negotiation, regulatory acumen from all sides, as well as continuous knowledge exchange between legal, finance, products, technical and IT teams.
In essence, our main role was to not only ensure optimal contract negotiations and compliance with the Brazilian Law, but also to optimize opportunities and mitigate risks inherent to the transaction, safeguarding the interests of B3 and facilitating a smooth negotiation and successful transaction.
Beyond traditional legal counselling, central to our methodology is the recognition that in today's dynamic business landscape, legal expertise alone is insufficient. Therefore, we usually place great emphasis on cultivating understanding of the different cultures and approaches involved, other knowledge sectors and markets involved in the transaction, which enable us to offer thorough advice that aligns with the client's broader strategic objectives.
When initiating due diligence procedures for projects similar to the B3 and ACX Group partnership, our approach is meticulously structured to ensure comprehensive understanding of the client’s main needs and scope of the transaction in order to provide a tailored legal assistance.
The kick-off meeting and first interactions between teams are imperative steps that allow us to delve deeper into the nuances of the project, and to have a better understanding of the business and activities carried out by the target company and of the respective stakeholders, which will serve as the basis for preparing a tailored list of documents to be requested during the due diligence process. Such first interactions also allow us to get to know the client’s appetite for risk and how the transaction fits into the company’s broader strategy, serving as the foundation upon which we build our roadmap.
Moreover, our multidisciplinary approach, informed by insights from diverse sectors and areas of practice enables us to offer bespoke legal guidance throughout the due diligence process.
Finally, our cooperation with DLA Piper adds a significant advantage to our services related to cross-border transactions. Leveraging this alliance, we can navigate complex regulatory frameworks, ensuring robust outcomes regardless of geographical boundaries. In essence, our due diligence and transactional works are characterized by strategic precision, tailored legal assistance, client-centricity, and a relentless pursuit for achieving the client’s goals.
We are committed to corporate social responsibility and consider it our duty to contribute to society in meaningful ways, beyond the confines of traditional legal practice.
Our transactional work and pro bono projects (in which our firm proudly invested 2,197 hours of work in 2023) are interconnected facets of our firm's overarching commitment to making a meaningful and lasting difference locally and worldwide. For instance, our firm was involved in legal assistance to Arns Commission in a legal opinion to support the ADPF 709/DF regarding the invasion of the Yanomamis land and we have also been providing pro bono work, such as the legal assistance to Red Cross São Paulo on other matters relevant to the local community.
Regarding the transaction involving B3 and ACX, it certainly plays an important role, not only within the Brazilian market but also resonates strongly with the global green agenda. Moreover, as we believe in the integration of our institutional values into every aspect of our legal services, the scope of this transaction was fully aligned with our mission.
During our legal assistance, we actively applied several of our core values, such as commitment to effectiveness, empathy, excellence while providing high quality services, and leadership by example. We are pleased to see that this transaction reflected our dedication to achieving tangible results that not only benefit our clients but also contribute positively to the development of the local markets, as well as society and the environment. More than that, whilst we believe that our actions speak louder than words, through this transaction we have aimed to set a precedent for sustainable businesses that are yet to further develop in Brazil.
Maintaining positive relationships throughout negotiations is paramount to the success of any transaction. Our approach is deeply rooted in fostering an environment of mutual respect, constructive dialogue, and proactive engagement, ensuring that the interests of the client are addressed.
At the forefront of our strategy is the cultivation of positive relationships, even in the face of complex matters, intricating contractual framework and diverging interests. We prioritize maintaining open lines of communication and believe in engaging with all parties in a manner that upholds mutual respect. We believe this approach lays the groundwork for productive discussions and collaborative problem-solving.
Moreover, we always adopt a pro-deal approach while navigating potential points of contention with tact and diplomacy, recognizing the significance of a constructive dialogue. As flexibility and strategic positioning are also cornerstones of our approach, not only we seek to prioritize working on solving substantive matters over focusing on minor issues, avoiding the creation of unnecessary disputes that could strain relationships, but we also recognize the value of compromise and concession when reasonable whilst advocating for our clients' interests.
In our view – and bearing in mind a comprehensive understanding of our clients' priorities –, we believe this approach contributes substantially to ensuring productive negotiations and the overall success of the transaction, as knowing when to concede is as important as knowing when to draw hard lines.
In essence, our approach to negotiations is defined by a commitment to positive relationship-building, respect, constructive dialogue, and a pro-deal mindset. By prioritizing collaboration, flexibility, and pragmatism, we strive to navigate negotiations with efficiency and effectiveness, ultimately driving overall successful outcomes for the client.
As we look forward to this year, we are particularly excited about the myriad opportunities expected to emerge within the technology sector, as forecasts predict significant investments in technology. We have been working hard in the last years to reach our current strategic position and are able to leverage our expertise and to absorb any demand on transactional matters on the M&A, private equity, and venture capital sectors.
Additionally, the rapid advancement of new technologies, including artificial intelligence (AI), as well as the development of Brazilian technology hubs, continue to reshape industries and redefine business paradigms. We are actively engaged in matters in which understanding of legal implications and opportunities presented by these transformative technologies is paramount for a successful transaction. From navigating regulatory and complex contractual frameworks to advising on intellectual property protection, our firm is committed to empowering clients to harness the full potential of their products, investments, and business ventures, which often involves cutting-edge innovations.
Another area of immense interest and potential growth is the global carbon credit market, as Brazil holds great potential for it. Moreover, as governments worldwide intensify their focus on climate change mitigation, the demand for carbon credits is expected to soar. We are closely monitoring its expansion and the development of the recently enacted Brazilian legal framework.
In a nutshell, our dedication to delivering forward-thinking and strategic legal counsel remains unwavering, ensuring that our clients thrive in an increasingly dynamic global marketplace.
Ancala is an independent infrastructure manager which invests in critical infrastructure businesses. It consistently delivers results for its investors, portfolio companies and the communities they serve.
New and existing investors to Ancala have committed to the fund, comprising institutional investors across Europe, North America and Asia. The target of EUR 1.2 billion was widely surpassed with a EUR 1.4 billion in commitments.
Loyens & Loeff assisted Ancala on Luxembourg regulatory and legal aspects
New and existing investors to Ancala have committed to the fund, comprising institutional investors across Europe, North America and Asia.
International women’s day celebrates all women who fought for advancements in the past, present and future. Bringing awareness to the struggles and the wins that women have gone through to build a better future for women which is vital to human success.
Carrie Morrison was the first female solicitor from 1922 entering into a male-dominated field and setting the way for many women after her.
Now, the Law Society reports that 53% of all practising lawyers are women and 60% of new solicitors are women.
Despite Women now entering and practicing law only 35% of partners in law firms are women. Senior positions are still greatly dominated by men in the legal industry.
Over the years there have been major strides forward for women’s rights and thousands of women are in safer, cleaner and overall better positions because of them.
However, movement is slow and in many cases stifled or even moving backwards rather than forwards. Women’s rights activists and lawyers are still fighting for several aspects including women’s health, education and more.
Despite great steps forward we are still witnessing thousands of women and girls face horrendous conditions and fates due to their gender.
Statistics from The Fund for Global Human Rights highlight the need for awareness and a continues fight to be made for women around the world.
MSI choices reports that only 57% of women around the world are able to make their own informed decision on sex and reproductive health. MSI choices work to support women in their decisions and provide the resources they need to have control over their own lives.
Reproductive choice is the gateway to a gender equal world
March 8, 1857, one of the first organised strikes by working women occurred with female textile workers marching in protest of unfair working conditions and unequal rights for women.
March 8, 1908, women workers in the needle trades marched through New York to protest child labour and sweatshop working conditions and to demand women’s suffrage.
March 8, 1910, International Women’s day became an annual event.
On International Women’s day this year we remember the work that still needs to be done and the work already done by activists and women’s rights lawyers.
