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Legal Updates & Insights

  • article

    Brexit: Extend, Suspend, Mend, Amend or Pretend?

    Following the decision of the House of Commons on 15 January 2019 to reject the draft Brexit Withdrawal Agreement between the EU and the UK, what happens now?

    Brexit
  • article

    Attempt to settle with only one of several Defendants backfires

    The Defender v HSBC decision highlights the pitfalls that can arise when several parties have contributed to the same loss, especially if a claimant fails to pursue both defendants, particularly if it settles with one of the guilty parties. Defender Limited, an investment fund, invested $540 million with a Bernie Madoff company (Madoff). After M...

    Disputes
  • article

    Court of Appeal dismisses creditor’s objection to merger by absorption of Bank of Ireland Private Banking with the Governor and Company of the Bank of Ireland

    In a decision handed down on 5 December last, the Court of Appeal (Irvine J, Whelan J and Baker J) has dismissed an appeal brought by a creditor of Bank of Ireland Private Banking (BOIPB) against a merger, in which A&L Goodbody was involved, of BOIPB with the Governor and Company of the Bank of Ireland (BOI).

    Companies Act
  • article

    Financial Services Regulation & Compliance - Cross Sectoral December 2018

    On the domestic front, the Director of Securities Markets Supervision, Colm Kincaid, gave a speech on the role of RegTech in financial services and the CBI published a consultation paper on proposed AML guidelines to supplement part of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018. On the European front, the ECB published the final...

    Financial Regulation
  • article

    Financial Service Regulation and Compliance - Investment Firms December 2018

    Domestically, the Director of Asset Management and Investment Banking at the CBI, Michael Hodson gave a speech on the potential ramification of a hard Brexit for Investment firms. On the European front, the European Supervisory Authorities have published a statement in response to industry concerns relating to seve...

    Finance
  • article

    Financial Service Regulation and Compliance - Insurance December 2018

    It was a relatively busy month on the domestic front. The CBI published its latest Insurance Quarterly Newsletter and the latest edition of the Intermediary Times. It also published a consolidated view of publically available data for (re)insurance undertakings. From a European perspective, the European Insurance and Occupational Pensions Authority (EIOPA) published the results of the 2018...

    Finance
  • article

    Financial Service Regulation and Compliance - Funds December 2018

    On the domestic front, the CBI Director General Derville Rowland delivered a speech noting that the CBI has begun an analysis of 2,000-plus Irish domiciled Undertakings for the Collective Investment in Transferable Securities (UCITS) funds that report to be actively managed. The UK Treasury also published a draft Statutory Instrument in respect of the proposed Temporary Permission Regime...

    Finance
  • article

    Financial Service Regulation and Compliance - Banking December 2018

    On the domestic front the Central Bank of Ireland (CBI) has published a suite of research on the shadow banking sector in Ireland and the role of Special Purpose Entities (SPEs). On the European front it has been a relatively busy month...

    Financial Regulation
  • article

    ALG’s annual review of Irish merger deals notified to the CCPC in 2018

    A&L Goodbody has published our annual review of merger deals notified to Ireland's Competition and Consumer Protection Commission (CCPC) in 2018.

    EU, Competition & Procurement
  • article

    Publication of the Companies (Amendment) Bill 2019

    The Companies (Amendment) Bill 2019 (the Bill) has been published. This is a very short Bill with just two proposed sections to amend section 343 of the Companies Act 2014 (the Act) with respect to the time periods permitted for the filing of annual returns.

    Companies Act
  • publication

    Enforcing the GDPR - what lies ahead in 2019?

    Davinia Brennan, Associate and Knowledge Lawyer at A&L Goodbody, considers what regulatory action we can expect to see from the Data Protection Commission (DPC) and the practicalities of enforcement.

    Commercial & Technology
  • publication

    What are the lessons so far from Brexit?

    A&L Goodbody partner Dr Vincent Power’s paper describing the lessons so far from Brexit, has been published in the Irish Journal of European Law.

    Brexit