ESG: Zoom-in on the silent “S”

The Covid-19 crisis has paved the way towards increased attention to the “S” of ESG. The scrutiny to social commitment as part of a holistic sustainable business strategy can no longer be neglected in view of both the regulatory push and evolving consumers and investors’ expectations in this respect. This session will discuss recent trends on the “S” items companies could and/or should disclose or otherwise commit to, taking into account the forthcoming regulatory framework (including the draft social taxonomy regulation, the forthcoming Pay Transparency Directive, mandatory supply chain due diligences (business and human rights) and the interplay with the “G” of governance (ESG links to executive pay).

Teleworking from anywhere in the world? Employment, social security and tax implications

During Covid-19, some employees have developed habits of teleworking abroad. It is likely that some employees hope to continue working that way after the pandemic. Some corporations have even announced policies whereby employees would be allowed to work “from wherever they do their most creative thinking”. However, the place from where the work is carried out has important consequences from an employment, social security and tax point of view.

Book 3 inducted - The Belgian Property Law landscape after the reform

The Law of 4 February 2020 thoroughly refreshed Belgian Property Law, which had been until then an amalgam of rules dating from the Dutch era (i.e. the 1824 long term lease and right to build laws), the 1804 “Code Napoléon” and over 200 years of case law. The reformed Property Law (Book 3) came into force on 1 September 2021. 

Let us guide you through the novelties of Book 3, focusing on practical considerations for real estate professionals.

Tax on securities accounts 2.0

The Belgian Federal Parliament recently adopted a law introducing a (revised) annual tax on securities accounts. This tax on securities account 2.0 has a very broad scope and gives rise to many practical questions. In this session, our speakers provided a general overview and insights on selected topical issues, such as the notion of (holding) taxable securities in practice, the application of the anti-abuse provisions in the hands of both the financial intermediaries and the account holder, the compatibility of the Tax and the anti-abuse rules with Constitutional and European fundamental rights and much more.

Deep dive into key clauses of (international) contracts

“Parties’ obligations”; “force majeure and hardship”; “indemnity”; “termination”; “non-compete”; “dispute resolution and governing law”; etc. These clauses may seem familiar, but they create a number of pitfalls and raise some points for attention, all the more so in an international context and in light of recent legal developments, such as the adoption of the B2B legislation and Brexit. During this session, our speakers will shed light on these issues and share practical do’s and don’ts to keep in mind when drafting or reviewing (international) contracts.

Speak Up - Europe blows the whistle: what you need to know about (the future of) whistleblowing

This session covered the current legislative framework on whistleblowing in Belgium and the impact of the EU Whistleblowing Directive, as well as the key elements to be taken into consideration when implementing a whistleblowing policy, including GDPR considerations and sanction and protection mechanisms that may be triggered.

Growing regulatory considerations for M&A in Funds, Private Equity and Real Estate: Merger Control, FDI and Foreign Subsidies

M&A deals in the Funds, PE and Real Estate sectors increasingly encounter specific challenges and prospects with respect to global merger control, foreign investment and, potentially, foreign subsidies regulations in Europe. In particular due to the large-scale roll-out of country-specific foreign investment regimes across Europe, the regulatory landscape for investments in healthcare and infrastructure sectors is increasingly complex. During this session, our antitrust & foreign investment lawyers will provide insights and market experience on the key issues and their implications for Funds, PE and Real Estate clients.

Crystal clear drafting

Drafting is a crucial part of every job. It’s also a significant differentiator: who wants to go through the pain of reading a poorly drafted memo? Mastering the skill of writing a clear memo not only avoids painful mistakes, it also makes us stand out amongst our peers. In this session we found out how a great legal memo looks like!

Uncovering the B2B protection regime against unfair contractual terms

This session focused on the far-reaching scope of the B2B protection regime on contractual clauses and the legal uncertainty deriving from this much debated legislation. 

Private equity funds, what do they do and how do they work?

In this session we looked at the type of transactions private equity funds are typically involved in, the different phases of an investment lifecycle (from acquisition, to add-ons and exit), how a private equity deal differs from a standard M&A transaction, why management (re-)investment is important, and the merits of W&I insurance in a PE transaction. In addition we looked into how private equity funds finance their acquisitions and how this impacts the acquired companies.

The EU and its decision-making process — why should you care?

During this session, we give you first-hand insights into the works of the EU institutions. Who are the main EU actors and how do they work in practice? What are the most known and less known processes for adopting legislation? How do the EU decision-makers adopt legislation? And, most importantly, how you can use this information in order to anticipate and follow measures that might impact your companies?

Dealing with companies in financial difficulty: key legal issues in the current Covid-19 crisis

The Covid-19 crisis puts tremendous pressure on the liquidity position of otherwise financially sound companies. In this session, the speakers will highlight a number of key legal issues that legal teams will have to manage to help their companies navigating the current crisis and using the legislative tools at their disposal.

Getting your deal through: competition law needn’t be a pain

Most countries around the world have a competition law regime. It is important to think about this early on in any deal process, no matter how big or small your deal is and regardless of whether your deal will have any impact on competition. Indeed, merger control can impact deal valuation, transaction structure, timing, costs and the transaction agreements. Antitrust law constrains what you can write in an SPA and which information you can share when negotiating your deal. But not to worry, after this session you will know everything you need to know to keep your deal on course.