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Legal Updates & Insights

  • publication

    PRIIPs Regulation: 2019 update

    At the end of 2018 and beginning of 2019 there were a number of proposed updates to the PRIIPs regulations. The net result is that a comprehensive review of the PRIIPs Delegated Regulation will take place in 2019. You can read a summary of the recent developments, including those related to the exemption for UCITS, and proposed next steps in this publication.

    Asset Management & Investment Funds
  • publication

    Does your Irish fund need a PRIIP KID?

    This publication contains a summary of the EU Regulation on Packaged Retain and Insurance-based Investment Products (EU 1286/2014) the PRIIPs Regulation which was effective on 1 January 2018.

    Asset Management & Investment Funds
  • article

    Update: Battery Storage opportunities for Ireland 2019 – procurement process commences

    The procurement process has commenced for an opportunity for up to 140MW of new high availability technology (envisaged to primarily comprise battery storage) to be contracted with EirGrid by September 2019. PQQ process now open for

    Energy & Natural Resources
  • article

    Brexit: where are we now? (continued)

    We always said that the Brexit negotiations would go to the wire despite there being a two-year timeline. The Strasbourg meeting on the night of Monday, 11 March, when the UK and the EU tabled various documents may or may not be enough to get the House of Commons to approve the draft Withdrawal Agreement.  The EU documents are available here while the UK ones are available here. There was just...

    Brexit
  • article

    Potential pitfalls in “no-fault” dismissals – recent insights from the High Court

    If at first you don't succeed…dismiss again? A recent application before the High Court to prevent the dismissal of a senior employee, fired for allegedly making an offensive comment to a female co-worker, captured the media's attention.

    Employment
  • article

    Financial Services Regulation & Compliance - Cross Sectoral February 2019

    On the domestic front, Director General of the CBI, Derville Rowland gave a speech in UCD on the lack gender diversity at senior management in the financial services industry. On the European front, ESMA published an opinion containing a revised set of draft regulatory and implementing technical standards (RTS/ITS) under the Securitisation Regulation. ESMA and EU securities regulators....

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Insurance February 2019

    On the domestic front, it was a relatively busy month. The Government published the Brexit Omnibus Bill, the Deputy Governor of CBI presented a speech at the CBI Insurance Conference and the CBI also published the latest edition of the Intermediary Times. On the European front, the European Insurance and Occupational Pensions Authority (EIOPA) has issued Recommendations for the Insurance Sector...

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Investment Firms February 2019

    There are no updates on the domestic side. However, from a European perspective, it has been a relatively busy month with ESMA publishing updates to its Q&As on the Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR) market structure and transparency topics. ESMA has also clarified the reporting and handling of derivatives data in the case of a no-deal Brexit.

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Funds February 2019

    On the domestic front, the CBI has issued a Notice of Intention in relation to the location requirement for directors and designated persons of Irish Fund Management Companies; From a European perspective, the European Securities and Markets Authority (ESMA) published data on exposures of Alternative Investment Funds (AIFs) to Commercial Real Estate markets in the EU as of 31st December 2017.

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Banking February 2019

    On the domestic front, the CBI published the penultimate update on the Tracker Mortgage Examination; Derville Rowland, Director General, Financial Conduct of the CBI gave a speech on behaviour and culture in the Irish banking sector; On the European front, the ECB published a paper discussing markets, banks and shadow banks...

    Financial Regulation
  • article

    Asset Management & Investment Funds - Brexit update

    The Central Bank of Ireland (Central Bank) issued a Markets Update on Thursday 7 March 2019 which clarified that, in the event of a no-deal Brexit.

    Asset Management & Investment Funds
  • article

    Proportionality in defamation awards: Court of Appeal reduces defamation award from €10 million to €250,000

    Speedread: The principles outlined by the Court of Appeal last week for assessing damages in defamation cases suggest that the recovery of 'windfall' awards may be a thing of the past. On 28 February 2019, the Court of Appeal gave judgment in Kinsella v Kenmare Resources plc and Carvill, setting aside what had been the largest ever defamation award in the State. Background In the High Court,...

    Disputes