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How have law firms in Latin America evolved since 2000? What has changed in terms of structure, operations and client expectations?

This panel will explore the prospects for an EU Capital Markets Union asking whether regulatory harmonisation failed and can succeed. The panellists will also focus on the legal and non-legal barriers (including regulatory, infrastructural, culture and mentality). In addition, it will be discussed whether the U.S. is rather a threat or an opportunity for the EU Capital Markets Union.

In many jurisdictions, lawyers sit on boards of directors as non-executive directors, independent directors or as representatives of one or more shareholders.

In this session, experienced lawyers and industry representatives will debate the roles and duties of a lawyer sitting in the boardroom, and will answer:

• Should they be an entrepreneur, a trusted advisor or a related party?
• What duty of care, diligence and specific competence is required of a lawyer in a boardroom?
• Does a dual set of (conflicting) obligations apply to a lawyer?
• What is the role of the lawyer in the ESG debate?

These and other challenging issues will be addressed in this interactive session, featuring different perspectives and experiences.

In the first part of the workshop, delegates will work in roundtable groups to discuss financing topics including:

1. What are the key options to finance growth in the current market?

2. What are the alternatives to “traditional” EBITDA financings?

3. How can non-bank lenders, such as direct lenders and venture debt or credit funds, support closely held companies?

4. Experiences with non-bank lenders in the recent financial downturn?

5. Convergences in debt and equity financing

6. Pros and cons of margin loans (secured by shares in the closely held company)

7. Differences in financing of early stages vs more mature stages

8. Trends in debt and equity terms during and following COVID-19

9. Change of control clauses in enforcement scenario

10. Trends on opinions and counsel reports

11. How can corporate lawyers add value when a company pursues an alternative to new financing, such as a reduction in force?

12. Is the importance and role of due diligence changing?

13.What are new financing areas of focus for closely held companies following recent bank failures and instability?

Delegates will discuss a first topic of their choice in a roundtable group, and after 30 minutes move to a second table of their choice.

A series of roundtable discussions will look at recent developments in the following areas:

Topic one: International tax risks and insurance solutions: strategies for mitigating global fiscal challenges

Topic two: Artificial intelligence: challenges and opportunities in the age of automation

Topic three: Exchange of information - joint tax audits

Topic four: PE and global mobility - tax certainty

Topic five: Beneficial ownership and treaty eligibility

In this workshop, we will discuss trends and highlight practical issues and considerations in the area of fund finance, including subscription based, net asset value (NAV) facilities and other forms of leverage.

The panelists will discuss key developments in retail offerings with a focus on the interplay between high net worth and institutional products.

Topics to Include: 
•    Continued regulatory reforms in key fund jurisdictions to complement the continued retailisation in terms of fund products and distribution channels  
•    Placement of alternative investment products in key retail jurisdictions