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Legal Updates & Insights

  • Article

    Triggering Article 50: Will it be forgotten?

    Vincent Power, Head of EU & Competition at A&L Goodbody was interviewed on Newstalk on 22nd March about the triggering of Article 50 on 29th March. He joined Vincent Wall on the Breakfast Business show and highlighted a combination of legal challenges, elections, an EU tradition of protracted negotiating processes, and even a possible referendum in Ireland as factors which can delay Brexit.

    Brexit
  • Article

    Cartels and Leniency in Ireland 2017

    Dr Vincent Power, Head of A&L Goodbody's EU, Competition & Procurement Group, reviews the cartels and leniency regime in Ireland. First published in 'The Cartels and Leniency Review' (Fifth Edition) by Law Business Research.

    EU, Competition & Procurement
  • Article

    No Implied Duty of Good Faith and Fair Dealing in Commercial Contract

    In Flynn v Breccia the Court of Appeal overturned a High Court ruling that there was a general principle of good faith in Irish commercial contract law.

    Disputes
  • Article

    Proceedings Dismissed Where Plaintiff Purchased Right to Litigate

    In SPV Optimal Osus Limited -v- HSBC Institutional Trust Services (Ireland) Limited & Ors the Court of Appeal rejected an appeal of a High Court decision dismissing proceedings as being frivolous and vexatious and bound to fail on the basis that the proceedings against the defendants were contrary to public policy, void and unenforceable as a matter of law since the assignment of the right to liti

    Disputes
  • Article

    European Commission Imposes Fines Totalling €776m on 11 Airlines: Take Two

    Ireland's national day, St Patrick's Day, was not a lucky day for 11 airlines around the world. On 17 March 2017, the European Commission imposed fines on 11 airlines totalling €776 million.

    EU, Competition & Procurement
  • Article

    Ireland’s Corporate Immigration System Enters a Brave New World

    January 2017 saw chaotic scenes at many airports around the world when individuals from seven countries were refused entry to the US following the implementation of President Trump's controversial travel ban.

    Employment
  • Article

    Proposed New EU Prospectus Regulation - an Update

    The European Parliament, the EU Council and the EU Commission have agreed on a revamped Prospectus Regulation. The reform was proposed by the Commission last November, as part of its Capital Markets Union Action Plan, in order to improve access to finance for companies and simplify information for investors.

    Corporate Governance & Compliance
  • Article

    Mergers & Acquisitions Post-Brexit

    In light of Brexit, Irish businesses are assessing the implications, challenges and opportunities involved including the implications for mergers and acquisitions. Dr Vincent Power of A&L Goodbody recently addressed a conference on Brexit organised by the School of Law at University College Cork where he outlined the potential consequences for mergers, acquisitions and joint ventures in relation t

    Brexit
  • Article

    Data Protection Commissioner not required to disclose lobbying communications

    The Information Commissioner has made a formal binding decision that records of lobbying communications with the Data Protection Commissioner are not accessible under the Freedom of Information (FOI) Act 2014.

    Privacy & Data Security
  • Article

    No right to be forgotten in respect of personal data in company registers

    The CJEU has ruled (Case C-398/15) that there is no general right to be forgotten in respect of personal data in a companies register.

    Privacy & Data Security
  • Article

    Court refuses to overturn Bank’s objection to Personal Insolvency Arrangement

    In the case of In Re Dunne (A Debtor) [2017] IEHC 59, High Court, Baker J, 6 February 2017 the High Court refused an application by debtors under Section 115A of the Personal Insolvency Acts 2012 to 2015 to overturn a secured creditor's objection to a Personal Insolvency Arrangement.

    Restructuring & Insolvency
  • Article

    Communicating with online banking customers

    In Case C-375/15 (the BAWAG case) the CJEU examined the scope of a payment service provider’s obligation to communicate changes to information and conditions, and to framework contracts, to e-banking customers.

    Commercial & Technology