The enforceability of material adverse change clauses (“MAC clauses”) in commercial contracts is an area which has come under increased scrutiny in the wake of the Covid-19 pandemic.

In this episode, litigation counsel Helen Biggin, litigation consultant Peter Watson and structured asset finance senior associate Chris Mitchell discuss the scope of MAC clauses, what clients need to consider when drafting or seeking to rely upon such clauses in their contracts and the approach taken by the English courts to the interpretation of the MAC clauses.

Cases referred to in the podcast:

Grupo Hotelero Uvasco v Carey Value Added [2013] EWHC 1039 (Comm)

Travelport Ltd v Wex Inc [2020] EWHC 2670 (Comm)

Decura IM Investments v UBS [2015] EWHC 171 (Comm)

Cukurova Finance v Alfa Telecom [2013] UKPC 2

In this episode of In Credit, A&O’s consumer finance team Joanne Owens, Victoria Ferres and Sophie Skeet discuss regulatory updates on the horizon for 2021. We round up the key matters on the agenda for consumer credit and mortgages including a couple of the big picture changes such as Brexit and the LIBOR transition. We also run through some of the key consumer credit updates, such as the Woolard Review and the Breathing Space regime, as well as some of the updates expected in the mortgages market.  Please note that this podcast was recorded in early February 2021 before the publication of the FCA’s finalised guidance on the fair treatment of vulnerable customers.

For information on this or any related topics, please get in touch with the speakers, or your usual A&O contact.

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In this podcast, MaameYaa Kwafo-Akoto, partner in our Funds & Asset Management practice, speaks with Mazen Al-Jubeir, Private Investor, Chairman of the Jada Fund of Funds and Vice Chairman of the Alraidah Investment Company.

They discuss the impact of Covid-19 on Saudi Arabia, investing in Saudi PE and VC funds, what distinguishes Saudi Arabia from other emerging market countries and the focus on reforms as part of the Vision 2030.

In the latest installment of Propel, our podcast series on self-driving vehicles, New York partner Paul Keller speaks with Serene Haddad, Principal Research Fellow at Nanyang Technological University in Singapore, about her research into the development of algorithms that predict pedestrian movement and intentions for use in AVs.

In this episode of In Credit, A&O’s consumer finance team Joanne Owens, Victoria Ferres and Sophie Skeet examine the findings from the Woolard Review. This review examined change and regulation in the unsecured credit market (covering credit cards, overdrafts, personal loans, high-cost short-term credit and currently unregulated products, such as buy-now pay-later arrangements). The findings were published on 2 February 2021.

As part of Allen & Overy’s interview series on virtual hearings, Shanghai partner Jane Jiang interviews Rick Grove about his experience with virtual hearings, primarily from the perspective of an expert witness.

As part of Allen & Overy’s interview series on virtual hearings, Dubai partner Kirsten O’Connell interviews London partner Kate Davies McGill on her experience with virtual hearings so far and how the changes that occurred in 2020 may shape proceedings in the future.

As part of Allen & Overy’s interview series on virtual hearings, Shanghai partner Jane Jiang interviews Sir William Blair about his experience with virtual hearings and his thoughts on the future.

In this installment of A&O’s podcast series on autonomous vehicles, NY partner Paul Keller interviews our own David Stone, the Global Head of Intellectual Property, and author of a leading textbook on EU trademark and design law, to discuss the fascinating new customer facing elements of self-driving cars – the logos, slogans, sounds, voices, shapes, and components – and the design law that may be available to protect these innovative features.

New York based partner, Jillian Ashley and Middle East based counsel, Kamar Jaffer put the spotlight on the US as they discuss opportunities in alternative investments and market trends from both the manager and investor perspective.

Topics discussed in this podcast include:

Recent trends in the US fund raising environment

How managers have navigated the challenges of Covid-19

Investment strategies and opportunities in the US

Impact of Biden’s administration and upcoming legal and regulatory developments

Institutional investors focus on good citizenship and governance

Shifts in fund terms in favour of investors

Creativity of fund managers and product developments

Developments in secondaries

The industry’s emphasis on ESG

This Great Fund Insights podcast will be of interest to sovereign wealth funds, institutional investors, family offices, fund managers and portfolio companies with a focus on the US.