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We are launching a tailored training programme focusing on specific topics relevant to participants in the international funds industry focused on Risk, Resilience and Reputation. Whether you are a fund manager or investor, our sessions will cover a wide range of topical issues relevant to your business and investments, providing you with the tools to effectively anticipate and respond to some of the ever-evolving challenges present in the modern and developing funds sector and to minimise the risks surrounding dispute resolution.
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ESG litigation | ESG litigation risk
Date: Thursday 17th March 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
Investors are increasingly considering ESG issues when making investment decisions. Certain ESG issues have been traditional areas of litigation but now wider risks arise, particularly when corporates are choosing to promote their ESG credentials. This session will consider ESG issues from the perspective of shareholder rights, derivative claims, investor demands as well as wider ESG litigation risk.
Speakers: Laura Houët (UK), Kenny Henderson (UK), Tilman Niedermaier (Germany)
Investment Control | Foreign Direct Investment
Date: Thursday 28th April 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
Foreign investment control plays an increasingly important role in M&A risk assessment. Navigating a plethora of regimes adds increasing time and cost to transactions, often making investment control an equally important factor in transactions as merger control. This session will explore CMS’s recent insights in this fast moving space.
Speakers: Benoît Vandervelde (Belgium), Russell Hoare (UK), Kai Neuhaus (Belgium)
Directors’ Issues | What do you want from me? Understanding risks to directors and what is expected of them
Date: Thursday 12th May 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
Directors may find themselves responsible for aspects of a company’s operations in respect of which they have little day-to-day experience, from health & safety and environmental obligations to data protection, anti-bribery programmes, modern slavery and supply chain issues and shareholder relations and remuneration. Damages, awards, disqualification, personal bankruptcy and even criminal penalties can be the result. This session will explain what directors need to know and how they can protect themselves, including recognising common triggers for claims against directors; the level of skill expected of directors; standards of probity for directors; duties to stakeholders; issues relating to remuneration and directors’ service contracts and what to expect from your insurer.
Speakers: Massimo Trentino (Italy), David Bridge (UK), Tristan Hall (UK)
Data protection and cybersecurity | Don’t be the weakest link: Managing data and cyber risk
Date: Thursday 9th June 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
With the average business suffering some form of online attack every two minutes, this session will assess the scope of the risk, its legal implications and how you can protect your business. We will also offer guidance on a range of topics including common cyber vulnerabilities and how to manage them; GDPR lessons, recent case law on data protection and breach of confidence; and cyber insurance.
Speakers: Chris Luck (UK), Lee Gluyas (UK), Amit Tyagi (UK), Tom de Cordier (Belgium); Leonard Bohmer (Netherlands)
Warranty and Indemnity Insurance | M&A Insurance
Date: Thursday 7th July 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
This session will look at best practice for obtaining, and claiming on, M&A Insurance policies. Over the last few years M&A insurance has developed from simple W&I insurance as a tool for deal-by-deal protection, to encompass stand-alone tax risk, contingent liabilities, and as a way to help manage portfolio-wide risk in funds . We will cover the different uses of M&A insurance, current market conditions and trends, common pitfalls to avoid, and best-practice tips to obtain the best coverage. We will also address the process for claims, the types of claims that arise most often, and the dos and don’ts in complying with policy requirements.
Speakers: Ben Price (UK), Aaron Fairhurst (UK), Ben Brindle, Director, Risk Capital Advisor
Dispute resolution | Effective early dispute management
Date: Thursday 8th September 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
No matter how carefully you manage your relationships with employees, investors, clients and third parties, it is an unfortunate fact of life that all businesses have to face disputes from time to time. That does not mean you have no control over how they develop or how they are resolved. This session will help you to manage disputes effectively from day one.
Speakers: Benjamin Bada (Luxembourg), Richard Bamforth (UK), Antoine Reillier (Luxembourg); Bart-Adriaan de Ruijter (Netherlands)
Commercial contracts | Contractual obligations under the microscope
Date: Thursday 6th October 2022
Time: 09:30 – 10:30 GMT/ 10:30 – 11:30 CET
This session will consider how force majeure, material adverse change and other similar clauses as well as the doctrine of frustration may be engaged (something that was a frequent issue during the pandemic and will continue to be as markets re-adjust and adapt to the new normal), as well as touching on impossibility of performance and providing some practical steps that businesses can take to safeguard their position.
Speakers: Walter Gapp (Austria), Tim Sales (UK), Jodok Wicki (Switzerland), Christoph Schröder (Germany)
