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Legal Updates & Insights

  • Article

    Brexit: Important Step Forward on Long Road

    Irish politicians and diplomats did a superb job at landing a very good Phase 1 Report on the Brexit talks.

    Brexit
  • Article

    ‘Sufficient progress’ made on Phase 1 of the Brexit Talks

    European Commission and UK report sufficient progress made on Phase 1 of the Brexit Talks

    Brexit
  • Article

    ‘Tis the season to apply fair procedures – a timely warning in advance of the Christmas party

    Here's a reminder to employers that their Christmas events are workplace events and that a reasonable investigation is necessary even where serious misconduct is admitted.  

    Employment
  • Article

    New factors to consider in deciding whether to report ‘white collar crime’

    A recent High Court decision indirectly calls into question the constitutionality of the current mandatory reporting requirement regarding information about 'white collar crimes' which may have been committed by other parties. We explain what this decision means for those who have such information.

    Disputes
  • Article

    Asset Management & Investment Funds Q&A: November 2017

    How do I assess whether an Irish regulated fund is in scope to produce a PRIIP KID from 1 January 2018?

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds: EU & International Developments

    From an international perspective, we look at ESMA Q&As on the AIFMD and the UCITS Directive, MMFs, EuVECAs and EuSEFs, MiFID II and MiFIR, ESMA on charges and mutual fund returns, ESMA speech, initial coin offerings, IOSCO on termination of investment funds, IOSCO's fourth hedge fund survey and AML/CTF

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds: Irish Practice Developments

    From an Irish practice and domestic perspective, we look at some approaching compliance deadlines, Central Bank Christmas deadlines, Central Bank Markets Update, Central Bank ETF conference, MMIF Regulatory Reporting and a Central Bank AML Bulletin.

    Asset Management & Investment Funds
  • Article

    Ireland, a Jurisdiction of Choice and Gateway to Europe for Financial Institutions

    Maria McElhinney, Finance Partner, New York, outlines why Ireland is a jurisdiction of choice and gateway to Europe for many US financial institutions.

    Brexit
  • Article

    Is it discriminatory not to top-up state paternity pay?

    New figures released by the Department of Social Protection show that over 27,000 fathers (or "relevant parents") in Ireland have taken statutory paternity leave since the introduction of this benefit via the Paternity Leave and Benefit Act 2016 (the Act). However, the question as to whether employers who "top-up" the State maternity benefit are now required to similarly top-up the relatively new

    Employment
  • Article

    Borrower could not re-litigate possession proceedings using Unfair Terms Directive

    In Cronin v Dublin City Sheriff & anor [2017] IEHC 685, Ní Raifeartaigh J, 17 October 2017 the High Court refused to set aside a repossession order in respect of a family home on the grounds that the courts granting the order had not assessed the mortgage contract under the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (the Unfair Terms Regulations) and the Directive 9

    Disputes
  • Article

    Recruitment Do’s and Don’ts - A Costly Question

    Last month, the Workplace Relations Commission (the WRC) found that the Minister of State with special responsibility for Training, Skills, Innovation, Research and Development, Mr John Halligan, illegally discriminated against a potential employee during a recruitment interview to fill the role of Private Secretary

    Employment
  • Article

    Gig economy update: Uber drivers are ‘workers’ while Deliveroo riders are self employed

    In its decision handed down last Friday, the UK Employment Appeals Tribunal (EAT) dismissed Uber's appeal of the UK Employment Tribunal's decision and agreed that Uber drivers were 'workers' for the purposes of the relevant UK legislation.

    Employment