FInsight

In this episode of FInsight and part of the on-going Sovereigns Series: Worlds in Motion, Pete Chapman and Lucy Shawdon from our Compliance and Investigations team in London take a look at compliance in a changing landscape, specifically in the context of sovereign wealth funds (SWFs). The episode goes through current developments, emerging trends, risks, and other important items that sovereign wealth funds need to consider, as we move to the post-pandemic economy. It also covers topics around due diligence and risk management, focusing on geographic, sectoral, litigation, reputational and regulatory risks.

Baker McKenzie's fifth annual report, The Year Ahead: Global Disputes Forecast 2022, addresses key trends in the evolving disputes landscape. The report includes a new survey of 600 senior legal and risk leaders from large companies across the world.

Amy Greer, a partner from our New York office and co-chair of our North America Financial Regulation and Enforcement practice, and Marc Thorley, a partner from our Dispute Resolution practice in London, talk about the key findings relevant for financial institutions. The episode examines the factors driving the increase in disputes and emerging concerns related to liabilities. It also covers litigation around digital transformation, tax, 'business-as-usual' conduct, and new environmental, social, and governance (ESG) standards.

In the latest iteration of our Digital Transformation and Cloud Survey, financial institutions (FIs) identify cost reduction and increased security as top benefits from investment in cloud computing. Conversely, data privacy and cybersecurity issues are identified as top concerns.

In this episode, Alessandro Celli, a partner from our Zurich office and global fintech lead, talk to Peter R. George, a partner from our Chicago office who is familiar with the history of the survey and has seen key developments for FIs over the years. They go through the recent findings relevant to FIs and discuss associated risks and vulnerabilities that respondents highlighted. They also cover cyber liability insurance, investment in private cloud offerings, data privacy, cybersecurity, and future challenges that FIs should prepare for.

In the aftermath of COVID-19 and the resulting low-yielding environment, sovereign actors are looking more than ever to real estate, infrastructure, private equity, private debt and other alternative assets for strategic investment opportunities.

In this second of two episodes, Baker McKenzie partners James Burdett (London), Matthew Legg (London), Guillaume Le Camus (Paris) and Diogo Duarte de Oliveira (Luxembourg) take a close look at sovereign wealth funds — our current observations of our SWF clients' approach to tax governance and structuring. In this episode, we take a closer look at some of the European tax issues currently affecting SWF's investment activity - particularly the increasing volume of tax transparency requirements.

In this episode of FInsight, Andrew Hedges and Kay She from Baker McKenzie's EMI group in London discuss their experience and observations while on the ground in Glasgow. They cover business imperatives and challenges affecting the global economy and how sovereign wealth funds are well-positioned to influence and make an impact on broader sustainability goals and action plans. As discussions on climate-related issues evolve from commitments to execution in the recent COP26 UN Climate Change Conference, we unpack some of the key takeaways relevant for sovereign wealth funds.

In the aftermath of COVID-19 and the resulting low-yielding environment, sovereign actors are looking more than ever to real estate, infrastructure, private equity, private debt and other alternative assets for strategic investment opportunities.

In this first of two episodes, Baker McKenzie partners James Burdett (London), Matthew Legg (London), Guillaume Le Camus (Paris) and Diogo Duarte de Oliveira (Luxembourg) take a close look at sovereign wealth funds — our current observations of our SWF clients' approach to tax governance and structuring. Our team examines the investment activities of sovereign players in the post-GFC and pandemic environment, and their areas of tax focus in M&A scenarios, including investing in the US.

Taking off from the guide Crypto around the World, the second of two episodes takes a closer look at market abuse, sustainability, decentralized finance and future developments. Sue McLean, a partner in our London office, talks to the team that started this project. They also cover specific regulatory and policy considerations, as well as the future impact of central bank digital currencies.

Financial institutions (FIs) surveyed by Baker McKenzie spent an average of USD 272 million each on litigation in 2020 — higher than any other industry — but their readiness strategies may not be keeping up with the scale of the challenge they face.

In this episode of FInsight, Baker McKenzie partners Daniela Fonseca Puggina from our Miami office and Jennifer Semko from our Washington, D.C. office discuss litigation readiness for financial institutions. The episode also covers potential vulnerabilities and disputes that they need to prepare for, current and emerging trends in litigation (from our Litigation Intelligence Tool and Report), and how they can benefit from litigation preparedness.

Investment treaties expose sovereigns to significant liability if the rights of foreign investors are encroached on. At the same time, these treaties also grant powerful protections and direct claims to sovereign wealth funds (SWFs) — when they act as foreign investors in other states. In this episode, Andy Moody, partner and head of the dispute resolution practice in London, and Katia Finkel, senior associate in the same practice in London, cover recent examples of SWFs bringing investment treaty claims and how others can obtain access to these protections. The episode also analyzes why investors should consider investment treaties as part of their decision-making process.

Fraud poses a particular threat to sovereign wealth funds (SWFs) due to the vast sums of money they invest. They also have a higher risk profile when compared to other funds, with high stakes both politically and financially. In this episode, Charles Thomson and Henry Garfield, partners in Baker McKenzie’s dispute resolution practice in London, talk to Kate Geale about recent developments, legal issues, practical tips, and strategies around cross-border fraud and asset tracing in SWFs. The episode also tackles emerging trends around the growing emphasis on sustainability and the increasing impact of cryptoassets. SWFs may have go through a long process to recover assets, but it is worth it in the end for recovery, punishment and future deterrents.