Insights & Publications - A&L Goodbody

Insights & Publications


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  • Duty on Directors to Show They Acted Responsibly (24 May 2016)

    In McAteer & anor v McBrien & ors [2016] IEHC 229, the High Court made an order restricting three directors pursuant to Section 150 of the Companies Act 1990 (now Section 819 of the Companies Act 2014). The first named respondent (A) was the husband of the second named respondent (B) and father of the third named respondent (C) and all were directors of the Company on the date of the liquidation.

  • New Guidance On Whether Hyperlinking May Constitute Copyright Infringement (24 May 2016)

    Under the Copyright Directive (2001/29/EC) the owner of copyright material has the exclusive right to control any "communications to the public" of their protected works.

  • Data Subjects' Right of Appeal and Testing the Boundaries of "Personal Data" (24 May 2016)

    Under Section 26 of the Data Protection Acts 1988 and 2003, an appeal before the courts is provided for against a decision of the Data Protection Commissioner in relation to a complaint under Section 10(1)(a) of the Acts. The scope and applicable review standard for such an appeal was one of two key issues which came before the Supreme Court in the recent case of Nowak v. The Data Protection Commissioner (Judgment of O'Donnell J delivered on 28th April 2016).

  • Irish share incentives developments (24 May 2016)

    The Revenue Commissioners have made some small but welcome changes to their guidance notes in relation to the operation of salary foregone and contributory (“buy one get one free”) arrangements via their Approved Profit Sharing Scheme.

  • Brexit - Selected Legal Aspects (20 May 2016)

    Dr Vincent Power, Head of A&L Goodbody’s EU & Competition Group, looks at the potential legal implications arising from Brexit. This article was first published in the Commercial Law Practitioner, May 2016.

  • Financial Services Regulation Update - Personal Current Account Providers in Northern Ireland (18 May 2016)

    Yesterday (May 17) was a busy day of regulatory publications focussing on the current account market. Not only did the Payment Systems Regulator (PSR) publish a policy statement on the application of the Payment Accounts Regulations 2015 in respect of alternative arrangements for switching, but the Competition and Markets Authority (CMA) also issued the following provisional decisions: 1. A provisional decision on remedies in its market investigation into retail banking accounts. The CMA has set out a range of proposals to tackle issues such as the perceived lack of competition in the retail and SME banking market (the Proposed Remedies Package); 2. A provisional decision on its review of the Competition Commission's 2002 banking undertakings in relation to conduct in the provision of banking services to SMEs. The CMA has now provisionally decided that, with the exception of certain undertakings in relation to bundling which prohibit banks from compelling a customer to open or maintain a business current account alongside their loan or deposit account, the undertakings can be released; and 3. A provisional decision to revoke the 2008 Northern Ireland Personal Current Account banking order as amended in 2011 (the NI Order).

  • Workplace Relations Strategy – key points (17 May 2016)

    At the launch of the Workplace Relations Reform in 2011, the Government stated that its goal was to deliver a world class workplace relations system and infrastructure which would be simple to use, independent, cost effective and impartial.

  • Companies Act 2014 – Time For Action (13 May 2016)

    The Companies Act 2014 (the Act) was enacted on 23 December 2014 and the majority of it commenced and was brought into force on 1 June 2015 (Commencement). While many of the provisions are merely a restatement of the current law and the impact for the Irish investment funds industry is limited, there are also a number of changes and some new provisions which will have an effect and these are set out below. These principally affect private limited companies but as there will be an effect on public limited companies too, each Irish company needs to examine its own structure and documentation to identify what action it should take in advance of the relevant deadlines.

  • Climate Action and Low Carbon Development Act 2015 – National Adaption Framework (12 May 2016)

    The Climate Action and Low Carbon Development Act 2015 (the Act) was signed into law on 10 December 2015. The Act comprises of a framework designed to achieve a low carbon, climate resilient, and environmentally sustainable economy by 2050.

  • Companies Act 2014 - Time for Action (12 May 2016)

    The Companies Act 2014 was enacted on 23 December 2014 and the majority of it commenced and was brought into force on 1 June 2015 (Commencement). While many of the provisions are merely a restatement of the law that was in place prior to Commencement and the impact for the Irish investment funds industry is limited, there are also a number of changes and some new provisions that need to be considered. Although these principally affect private limited companies, each Irish company needs to examine its own structure and documentation to identify what action it should take in advance of the relevant deadlines.

  • FSO's Decision that Claim Was Time Barred Upheld by High Court (10 May 2016)

    In Stowe & anor v Financial Services Ombudsman [2016] IEHC 199, High Court, Twomey J, 18 April 2016 Mr and Mrs Stowe sought to set aside a decision of the Financial Services Ombudsman (FSO), rejecting their complaint against the EBS.

  • Ireland and Private Actions - The EU Damages Directive (10 May 2016)

    Alan McCarthy discusses the EU Damages Directive (Directive) (signed into law in the EU on 26 November 2014). The primary aim of the Directive is to make it easier for businesses and individuals to claim for compensation when they have been victims of a breach of EU competition law. Ireland (as well as all other Member States) have until 27 December 2016 to implement the Directive into national law (after which the Directive has an automatic force of law in its own right).

  • High Court Orders Restriction of Directors in Two Separate Decisions (10 May 2016)

    The High Court (Binchy J), has recently made restriction orders in respect of directors in two separate applications before it. Both Kirk v Kershaw & ors [2016] IEHC 122, High Court, 16 February 2016 and Taite v Connolly & anor [2016] IEHC 145, High Court, 8 March 2016 concerned applications for declarations of restriction under Section 150 of the Companies Act, 1990. As that section has been replaced by Section 819 of the Companies Act 2014, Binchy J held that he would deal with the application under Section 819 except insofar as the 2014 Act imposed a higher standard than the 1990 Act.

  • Brexit: The Implications for Shipping (10 May 2016)

    Dr Vincent Power, EU & Competition Partner, looks at impacts of Brexit on the shipping sector.

  • Procurement Directives transposed into Irish Law (09 May 2016)

    On 5 May 2016 the European Union (Award of Public Authority Contracts) Regulations 2016 and the European Union (Award of Contracts by Utility Undertakings) Regulations 2016 were published. These new Regulations transpose the EU Public Procurement and Utilities directives of 2014 and are deemed to come into operation from 18 April 2016.

  • Tracker, Financial Services Regulation & Compliance - Banking (04 May 2016)

    On the Domestic Front: Central Bank of Ireland announces appointment of Director of Credit Institutions Supervision; Central Bank of Ireland updates consumers on its examination of Tracker Mortgage issues On the EU Front: European Central Bank Annual Report 2015 is presented to the EU Parliament's Committee on Economic and Monetary Affairs; European Banking Authority launches consultation on Regulatory Technical Standards for the disclosure of encumbered and unencumbered assets

  • Tracker, Financial Services Regulation & Compliance - Funds (04 May 2016)

    On the Domestic Front: Irish UCITS Regulations implement UCITS V On the EU Front: EU Commission focus on fund passporting

  • Tracker, Financial Services Regulation & Compliance - Insurance (04 May 2016)

    On the Domestic Front: Central Bank of Ireland publishes information on insurance supervisory objectives and process On the EU Front: European Insurance and Occupational Pensions Authority publishes preparatory guidelines on product oversight and governance

  • Tracker, Financial Services Regulation & Compliance - Investment Firms (04 May 2016)

    On the Domestic Front: Global Exchange Market set up under MiFID will now include listing of investment funds On the EU Front: European Supervisory Authorities propose Regulatory Technical Standards on Key Information Documents for Packaged Retail and Insurance-based Investment Products The EU Commission takes stock six months into the formation of the Capital Markets Union

  • Tracker, Financial Services Regulation & Compliance - Cross Sectoral (04 May 2016)

    On the Domestic Front: Central Bank of Ireland publishes 2015 Annual Report and Annual Performance Statement for Financial Regulation; Central Bank of Ireland announces Findings of Thematic Inspection on Debt Management Sector on Consumer Protection Code On the EU Front: European Supervisory Authorities publish Spring Report on Risks and Vulnerabilities in the EU Financial System; European Securities and Markets Authority response to the EU Commission Green Paper on retail financial services

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