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Legal Updates & Insights

  • 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
  • article

    Initial Public Offerings (IPO) Law Review 2019 - Ireland

    Matthew Cole, Corporate and M&A Partner at A&L Goodbody provides an insight into the legal and procedural IPO landscape in Ireland.

    Capital Markets - Equity
  • article

    Re-registration of a company as another company type in the course of legal proceedings - Start Mortgages v Kavanagh

    In Start Mortgages v Kavanagh [2019] IEHC 216,  the High Court confirmed that, where legal proceedings had commenced, it was not necessary for a company to make a formal application to court to reflect its change in status from a limited liability company to a designated activity company under the Companies Act, 2014.  The point arose in the course of proceedings taken by Start Mortgages for p...

    Corporate & M&A
  • article

    Beneficial Ownership requirements affecting trusts and corporate entities

    The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 came into force on 22 March 2019, with the exception of Part 3 (which deals with the Central Register of Beneficial Ownership and which will come into force on 22 June 2019). See here for more detail. We are re-issuing this In Focus paper to clarify that PPS numbers are not required to be, a...

    Asset Management & Investment Funds
  • article

    EDPB issues draft guidelines on the contractual necessity legal basis in the context of online services

    The EDPB has released new draft guidelines 2/2019 on the contractual necessity legal basis for processing personal data in the context of the provision of online services to data subjects. The guidelines emphasise the narrow scope of the contractual necessity legal basis. A controller must be able to demonstrate that the processing is ‘objectively necessary’ for a purpose that is ‘integral’ to...

    Commercial & Technology
  • article

    Deputy Data Protection Commissioners discuss GDPR implementation with Oireachtas Committee

    On 3 April 2019, the Joint Committee on Justice and Equality met to discuss the implementation of the GDPR with Ms Anna Morgan (Deputy Commissioner), Ms Jennifer O’Sullivan (Deputy Commissioner), and Mr Cathal Ryan (Assistant Commissioner). The Commissioners discussed a range of issues, including the enforcement powers used by the Data Protection Commission (DPC) post-GDPR, the difficulties wit...

    Commercial & Technology
  • article

    Court of Appeal refuses to extend one-year limitation period in defamation action

    In Morris v. Ryan [2019] IECA 86 (Court of Appeal, Whelan J, 22 March 2019) the Court of Appeal affirmed the order of the High Court dismissing the Plaintiff's defamation claim on the basis that it was statute barred, and also affirmed the Isaac Wunder Order imposed, restraining the Plaintiff from instituting any further proceedings against the Defendant, or any parties or companies associated...

    Disputes