Commercial Awareness Discussion Thread

[Jaysen]

As @Raam, mentioned in this thread, Microsoft is currently in talks to buy TikTok's US operations: https://www.bbc.co.uk/news/business-53628108.

 

[Jaysen]

Current saga between Trump and TikTok is just very interesting:

Trump has ordered firms to stop doing business with the companies that own TikTok and WeChat within 45 days. The executive orders would prohibit “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States,” with the companies.

https://www.bbc.co.uk/news/business-53660860.
theguardian.com/technology/2020/aug/06/us-senate-tiktok-ban

 

[S87]

Current saga between Trump and TikTok is just very interesting:

Trump has ordered firms to stop doing business with the companies that own TikTok and WeChat within 45 days. The executive orders would prohibit “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States,” with the companies.

https://www.bbc.co.uk/news/business-53660860.
theguardian.com/technology/2020/aug/06/us-senate-tiktok-ban

Well now TikTok is threatening a legal action against Trump US ban: https://www.bbc.co.uk/news/business-53660860

November is not close enough!

 

[Daniel Boden]

It's actually changed! Microsoft would like to buy TikTok's global operations - https://www.ft.com/content/45d739f5-37cc-4957-874d-a310c2ac8e07

That's gonna be expensive! I really feel for the advisors on this deal - so much for the usual quiet August! 45 days to get a deal of this magnitude and complexity over the line is going to be incredibly tough for the accountants, bankers and lawyers involved

 

[Jaysen]

Interesting update that McDonald’s is suing its former CEO: https://www.cnbc.com/amp/2020/08/10...-about-relationships-he-had-with-workers.html.

 

[Jaysen]

As many of you will have seen, the UK is now in a technical recession (two consecutive quarters of negative growth): https://www.bbc.co.uk/news/business-53748278. That was very much expected though!

 

[Jaysen]

Apple has pulled Fortnite - one of the world’s most popular games - from its App Store after it sought to bypass the 30% cut Apple takes on sales.

Will be interesting to see how this plays out: https://www.google.co.uk/amp/s/www.bbc.co.uk/news/amp/technology-53773715. Again, comes down to the criticisms against some of the largest tech companies for their monopoly power.

 

[S87]

Just Eat announced that will stop using gig workers. Basically, employees will get benefits and other work related protections. The company was bought by Takeaway.com and its CEO Jitse Groen will extend the model used for Takeaway to Just Eat.

This is a massive change since gig culture has always relied on the idea that employees do not have benefits in exchange of flexible work patterns "It is a gig not a work". I also believe, that Just eat is moving ahead of a potential judgment in favour of gig workers in the UK. The Uber appeal, is likely going to be in favour of the drivers after the last year's decision in favour of one of Pimlico's employees, and the recent decision in favour of Lyft and Uber drivers in California.

Additionally, Just East has just mad another move against UberEats and is doing much better with a revenue increase of 39%.
https://www.bbc.co.uk/news/business-53780299

 

[dosblancos7]

Just Eat announced that will stop using gig workers. Basically, employees will get benefits and other work related protections. The company was bought by Takeaway.com and its CEO Jitse Groen will extend the model used for Takeaway to Just Eat.

This is a massive change since gig culture has always relied on the idea that employees do not have benefits in exchange of flexible work patterns "It is a gig not a work". I also believe, that Just eat is moving ahead of a potential judgment in favour of gig workers in the UK. The Uber appeal, is likely going to be in favour of the drivers after the last year's decision in favour of one of Pimlico's employees, and the recent decision in favour of Lyft and Uber drivers in California.

Additionally, Just East has just mad another move against UberEats and is doing much better with a revenue increase of 39%.
https://www.bbc.co.uk/news/business-53780299

Interesting! I await to see how Uber will counter the criticism faced against them re lack of employee benefits and protections etc- Justeat imo have set a good precedent!

 

[futuretraineecity]

Not sure if this is the right place to post - but does anyone have a good structure they like to follow when discussing a commercial topic? So I can include how it would affect the firm and clients, how it could be involved etc. I feel that I often just say what I remember rather than structuring it clearly?

 

[dosblancos7]

Not sure if this is the right place to post - but does anyone have a good structure they like to follow when discussing a commercial topic? So I can include how it would affect the firm and clients, how it could be involved etc. I feel that I often just say what I remember rather than structuring it clearly?

I was also told to use PESTLE!(obviously not all of the PESTLE analysis, but the major ones relevant to the story, like Legal, Economic factors etc!) which could link to the client(and legal factors linking to the firm directly!)

The above structure seems really really good though! Looks amazing

 

[futuretraineecity]

I start with a brief summary of the story. I then cover the impact on the business (usually on its business model and structure), and after this I move onto the legal implications.

For example, Airbnb are set to announce that they will be filing for an IPO. I would look at why a company would undertake an IPO, and then tie it back to Airbnb and their current financial situation (why do they need to do the IPO now? Will they attract enough investor interest based on their recent financials and the effect of COVID? If this looks like a struggle, would they need to restructure their business model to save costs, thus appearing more financially attractive to investors?).

Then I would look at the work for law firms. For Airbnb's IPO, it would mean Capital Markets lawyers helping decide between between an IPO and direct listing, assisting with the prospectus and any potential clauses they might want to include based on Airbnb's market position. If a restructuring needs to commence before going public, then restructuring lawyers would be involved and you could suggest how Airbnb's individual entities would be affected.

If you wanted to explore in more depth, you could look at alternative sources of raising capital and whether these would be preferable to an IPO/ direct listing, especially in the current economic climate (Airbnb received equity & debt investment from Silver Lake and TPG Sixth Street at the start of lockdown).

Doing this for a handful of sectors/ stories means you develop strong commercial analysis skills quicker

I was also told to use PESTLE!(obviously not all of the PESTLE analysis, but the major ones relevant to the story, like Legal, Economic factors etc!) which could link to the client(and legal factors linking to the firm directly!)

The above structure seems really really good though! Looks amazing

Thank you both so so much!! This is so helpful

 

[futuretraineesolicitor]

Hello Guys, I'm sorry if this thread is not meant for asking what I'm about to ask but, my question is, is Brexit going to matter in Interviews next year? I mean can we expect this to be talked about at the interview stage if someone is eyeing the December 2021 application window at Linklaters, can I ditch or do I need to prepare?

 

[dosblancos7]

@Raam do you have any advice on M&A case studies presented to partners(such as if one company should acquire a target etc..) or does the above structure apply

 

[S87]

#FreeFortnite Litigation 2020!

 

[Ayo Babatunde]

This video (only 6 mins long) from DLA Piper discusses how the removal of employment tribunal fees has led to an increase in employment class actions, and the impact this will have on future claims. I have never really been particularly drawn to employment law but I found this video really interesting!

 

[nymi]

Hello everyone,

I hope you're all well. I came across an article about the change in Enterprise act 2002. Foreign firms that may be willing to take over the UK firms will have to face a big hurdle due to change in Enterprise Act 2002. The UK government, in response to the pandemic, will be able to intervene to protect the companies related to COVID-19 by adding a public interest consideration under the Enterprise Act 2002. They will make sure that these companies that are related to COVID-19 are not subject to mergers and acquisitions that are against the public interest.
I have figured how this can be a challenge as law firms will now have to make sure that the buyer’s takeover is not undermining the capability of the target firm to mitigate the effects of COVID-19 or future public health emergencies
However, I'm struggling to figure that how can a law firm turn this into an opportunity?

 

[XARA]

Was wondering whether anyone had any points regarding the changing legal landscape? What are the main things that are changing in the legal landscape? I am trying to think of stuff aside from technology because I know that that tends to be something most people turn to initially

 

[Jaysen]

Hello everyone,

I hope you're all well. I came across an article about the change in Enterprise act 2002. Foreign firms that may be willing to take over the UK firms will have to face a big hurdle due to change in Enterprise Act 2002. The UK government, in response to the pandemic, will be able to intervene to protect the companies related to COVID-19 by adding a public interest consideration under the Enterprise Act 2002. They will make sure that these companies that are related to COVID-19 are not subject to mergers and acquisitions that are against the public interest.
I have figured how this can be a challenge as law firms will now have to make sure that the buyer’s takeover is not undermining the capability of the target firm to mitigate the effects of COVID-19 or future public health emergencies
However, I'm struggling to figure that how can a law firm turn this into an opportunity?

Interesting article! Note that where clients are faced with uncertainty like this, they'll be paying lawyers to understand the implications of the law on their business. On a simple level, this means one point might be an increased billing opportunity. It might also benefit law firms who have strong global practices (representing foreign firms looking to expand in the UK) and can therefore win instruction based on their ability to help clients navigate these regulations.

 

[nymi]

Interesting article! Note that where clients are faced with uncertainty like this, they'll be paying lawyers to understand the implications of the law on their business. On a simple level, this means one point might be an increased billing opportunity. It might also benefit law firms who have strong global practices (representing foreign firms looking to expand in the UK) and can therefore win instruction based on their ability to help clients navigate these regulations.

Thank you so much, Jaysen. This is really helpful!!