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Legal Updates & Insights

  • Article

    EBA consults on IFD/IFR implementation: New prudential regime for investment firms

    The European Banking Authority (EBA) consultation paper EBA/CP/2020/06 seeks submissions in respect of nine draft Regulatory Technical Standards (RTS) related to the implementation of a new prudential regime for investment firms under the Investment Firms Directive and Investment Firms Regulation (IFD/IFR).

    Financial Regulation
  • Article

    EBA consults on identifying material risk takers in investment firms

    The European Banking Authority is consulting on the criteria for identifying material risk takers in investment firms as part of its implementation workplan on the Investment Firms Directive and Investment Firms Regulation (IFD/IFR). 

    Financial Regulation
  • Article

    EBA consults on variable remuneration for employees of investment firms

    The European Banking Authority (EBA) is seeking responses to its consultation paper EBA/CP/2020/08 on variable remuneration for employees of investment firms. Interested parties have until 4 September 2020 to submit their responses. 

    Financial Regulation
  • Article

    Business records now presumed admissible in civil litigation

    The old rule for admitting business records was that they had to be proven by a witness at trial. This even applied to routine records such as delivery dockets, purchase orders, invoices, and statements of account.

    Disputes
  • Article

    Privacy Rights in Dawn Raids – the Privacy Protocol as the legacy of the CCPC’s bagged cement investigation

    On 28 February 2020, Ireland's Competition and Consumer Protection Commission (CCPC) announced that it had closed its investigation into alleged anti-competitive practices in the "bagged cement sector".

    EU, Competition & Procurement
  • Article

    Asset Management & Investment Funds: EU & International Developments - Aug 2020

    MMFR stress testing, ESMA recommendations for the AIFMD and UCITS Directive, taxonomy-related disclosures and reporting non-financial information, reporting of net short positions, low carbon benchmarks, UCITS & AIFMD sustainability revisions, cybercrime, the EU sanctions blocking regulation, AML/ CFT

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds: Irish Practice Developments - Aug 2020

    CBI markets update, company law update, CBI statement on e-signatures, cybersecurity, Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020, CBI Submission to EU Commission's AML/CFT Action Plan, Beneficial ownership and Irish investment funds

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds Q&A - Aug 2020

    Q&A of the month. Is the method for submitting AML/CFT Suspicious Transaction Reports (STRs) to Revenue changing?

    Asset Management & Investment Funds
  • publication

    The Protected Disclosures Act 2014 - an Act with teeth but does it bite?

    In 2014 Ireland took the lead in whistleblower protection with the introduction of the Protected Disclosures Act. It actively promoted a cultural shift towards encouraging employee whistleblowers by offering them significant protections from penalisation.

    Employment
  • article

    UK offshore electricity transmission review offers lessons for Ireland’s offshore wind sector

    The UK electricity regulator, Ofgem, has called for industry feedback on ways to improve coordination in offshore electricity transmission infrastructure. This feedback will inform a wider review of the UK's offshore transmission network, launched in July 2020.

    Climate Action
  • European Commission approves State aid for Irish beef sector
    Article

    European Commission approves State aid for Irish beef sector

    On 25 August 2020, the European Commission approved Ireland's plan to provide €50m worth of State aid to the Irish beef sector to address the impact of COVID-19.

    COVID-19
  • article

    Restrictive covenants – a company may reasonably withhold consent on aesthetic grounds

    A recent Court of Appeal decision (89 Holland Park (Management) Limited -v- Hicks [2020] EWCA Civ 758) held that it was possible to object to a neighbour’s proposed works to land or property on aesthetic grounds, provided the refusal was reasonable.

    Litigation & Dispute Resolution Belfast