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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance Bulletin - Investment Firms April 2019

    Domestic News - Under the Benchmarks Regulation, Euronext announced that ESMA had registered four of its market operators as Benchmark Administrators. European News - ESMA has provided a number of updates to various Q&A documents, which are detailed bel...

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance Bulletin - Funds April 2019

    Domestic News - the CBI set out its workplan and highlighted areas of strategic focus in relation to funds supervision. European News - The European Securities and Markets Authority (ESMA) has published updates on UCITS, AIFMD and the Market Abuse Regulation (MAR). ESMA has also published its first annual report on supervisory sanctions...

    Financial Regulation
  • article

    Financial Services Regulation and Compliance Bulletin - Banking April 2019

    Domestic News - There is little to report in terms of notable developments. The Central Bank of Ireland (CBI) has published a financial stability note in relation to the real-estate concentration in the Irish banking sector, noting that the concentration of the banking system in real-estate lending renders the banking sector vulnerable to potential price corrections. European News - There have...

    Financial Regulation
  • article

    High Court confirms enforceability of jurisdiction clause agreed electronically by “click-wrapping”

    In Ryanair dac v SC Vola.ro srl [2019] IEHC 239 the Irish High Court confirmed the enforceability of a jurisdiction clause contained within a website's Terms of Use, finding the user had agreed to it via a "click-wrap" agreement. Following previous Ryanair screen-scraping cases, the court held the click-wrap agreement met the requirements of Article 25(1) (c) of the Brussels I Recast Regulation...

    Commercial & Technology
  • article

    Positive changes to Irish immigration rules and regulations

    There have been a number of recent developments in Ireland which further facilitate the ability of Irish employers to recruit skilled employees from outside the EEA.

    Employment
  • article

    Heather Hill Management Company CLG and Gabriel McGoldrick v An Bord Pleanala

    Heather Hill Management Company CLG and Gabriel McGoldrick (the Applicants) challenged a decision of An Bord Pleanala (the Board) to grant permission for a strategic housing development.

    Disputes
  • article

    Firms must manage corruption risks

    Prior to joining A&L Goodbody, I spent a number of years working for the UK Serious Fraud Office, investigating and prosecuting corruption cases which have made headlines worldwide. This gave me an insight into the internal workings of various companies who found themselves on the wrong end of corruption investigations. In all cases, there were a number of corruption indicators which should ha...

    Disputes
  • article

    The new EU Regulation on the screening of Foreign Direct Investments

    On March 19, 2019, the European Union (EU) formally adopted Regulation (EU) 2019/452 of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments (FDI) into the EU (the Regulation). The Regulation, which covers a broad category of foreign investments affecting “security or public order” will came into force on April 10, 2019 and will apply

    Corporate & M&A
  • article

    Paid Parental Leave is on the way – what do Irish employers need to know?

    With the Summer break just around the corner, the question of childcare is at the forefront of many parents' minds, and so too the issue of parental leave entitlement.

    Employment
  • article

    Asset Management & Investment Funds: EU & International Developments: April 2019

    ESMA UCITS Q&A, ESMA AIFMD Q&A, ESMA MAR Q&A, ESAs on cyber resilience, EU Legislative Proposals, Distance Marketing Directive, Brexit, AML/ CTF/ Corruption

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments: April 2019

    Central Bank expectations on Fitness & Probity, Central Bank expectations on outsourcing risks, Central Bank Strategic Workplan in Securities and Markets Supervision, EU Financial Sanctions return.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds Q&A: April 2019

    The dates for reporting by counterparties of securities financing transactions to trade repositories are now known. What does this mean for UCITS and AIFs?

    Asset Management & Investment Funds