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Legal Updates & Insights

  • article

    Data Disputes

    With the introduction of GDPR and the Data Protection Act 2018, individuals are more alive to their data and privacy rights. An increase in awareness and the exercise of those rights has resulted in data related disputes becoming more common between businesses and individuals.

    Litigation & Dispute Resolution Belfast
  • article

    The Employment (Miscellaneous Provisions) Act 2018 – what employers need to know

    After enduring a rocky road through the legislative process, the Employment (Miscellaneous Provisions) Act 2018 was signed into law by the President on Christmas Day 2018 and is scheduled to commence in the first week of March 2019.

    Employment
  • article

    Brexit - The Political Declaration and its impact on services

    The impact of Brexit will be keenly felt in Ireland regarding the provision of services generally (including financial services).

    Brexit
  • article

    The General Scheme of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2019

    The General Scheme (the Scheme) of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2019 (the Bill) has been published by the Department of Justice. The full text of the Scheme is available here.  The Scheme is quite high level and sets out the heads of the Bill which will give effect to many of the provisions of the Fifth EU Money Laundering Directive...

    Financial Regulation
  • publication

    A Regional Guide to Employee Data Privacy

    Data privacy is a priority for all employers but especially those with operations in more than one country. It impacts all aspects of the employment relationship and, with the increase in data transfers between businesses and across borders, employers often need to comply with multiple laws to minimize the risk of significant fines and liabilities.

    Employment
  • 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