Much time and effort are often spent in M&A negotiations in terms of what matters are covered by the seller’s representations and warranties (Warranties), and whether and to what extent the reservation is made “to the knowledge of the seller” and “in a material respect”. It is also often a matter of contention as to when a breach of the Warranties can be found, how long it can indemnify the seller (time limit), and how much it can indemnify the seller (maximum amount).

As the push towards ESG-focussed business practices gains momentum, Asian law firms are playing a vital role in guiding clients through the complex regulatory landscape, helping clients identify regulatory risks and potential opportunities, as well as providing legal protection and solutions. In this inaugural ranking, ALB spotlights 15 law firms that are delivering exceptional legal services in the ESG space.

In a recent article in Harvard Business Review, researchers showed that 78% of transformations fail finding that “people are the catalysts of successful transformation.” To move beyond working in silos, incremental improvement, and isolated innovation - to achieve transformation – it’s important to have a structured process to engage leadership in setting objectives and guiding transformational change.

Even as the regional economy recovers from the pandemic, the risk of disputes remains a major concern with issues emerging from supply chain disruptions, digital transformation, evolving ESG considerations and other factors. Having the best litigators on your side is thus critical, and the ALB Top 15 North Asia Litigators ranking spotlights some of the leading practitioners in Hong Kong, Japan, and Korea.

Even as the regional economy recovers from the pandemic, the risk of disputes remains a major concern with issues emerging from supply chain disruptions, digital transformation, evolving ESG considerations and other factors. Having the best litigators on your side is thus critical, and the ALB Top 15 North Asia Litigators ranking spotlights some of the leading practitioners in Hong Kong, Japan, and Korea.

After a relatively quiet couple of years on the AML front, 2020 onwards saw a number of significant changes to the Cayman AML regime as well as pertinent industry reminders. The Anti-Money Laundering Regulations (2020 Revision) (as amended) (the AML Regulations), which replaced the 2018 Revision, apply to persons engaged in relevant financial business (as defined in the Proceeds of Crime Act (Revised)), which includes Cayman Islands regulated funds. Also in 2020, the Cayman Islands Monetary Authority (CIMA) published the updated Guidance Notes on the Prevention and Detection of Money Laundering, Terrorist Financing and Proliferation Financing in the Cayman Islands (as amended) (the Guidance Notes), replacing the 2017 version, as amended.

Emir Nurmansyah, a senior partner at Indonesia's ABNR Counsellors at Law and member of the firm’s management board, was recently named by ALB as one of the Asia Dealmakers of the Year for 2022. We find out more about his notable deal work in the past year, and also some of the recent trends and developments in Indonesia’s transactional space that clients should be mindful of.

Under Republic Act No. 10142, known as the Financial Rehabilitation and Insolvency Act of 2010 (“FRIA”), and the Financial Rehabilitation Rules of Procedure (A.M. No. 12-12-11-SC) (“FRIA Rules”), corporations undergoing financial rehabilitation are able to consolidate disputes pending before other courts and quasi-judicial offices to one court – the rehabilitation court. This is because of Section 17(e) (Effects of Commencement Order) of FRIA and Section 9(E), Rule 2 of the FRIA Rules allowing the consolidation of all legal proceedings by and against the debtor to the rehabilitation court.

“Some people resign and return to their hometowns, while others rush to the examination field overnight”. This proverb from a 300-year-old Chinese poem perfectly illustrates the phenomenon of the Hong Kong stock market during the past few years.

The term “risk” gets tossed around constantly in the corporate world. But who is responsible for defining and managing risk? This answer is not black and white, as risk type and appetite will look different for every organization. What should be a universal practice is ensuring that all departments understand the enterprise’s risk types.