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Legal Updates & Insights

  • article

    Asset Management & Investment Funds: EU & International Developments – July 2023

    AIFMD/UCITS, ESMA CSA on sustainability disclosures and risks, EU/UK MoU, MMFs, LMTs, leverage, CBDF, PR, definition of advice, MiFID II, pre-hedging, sanctions under UCITS, AIFMD and MiFID II, ML/TF risks affecting EU financial sector.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments – July 2023

    CBI discussion paper on macroprudential policy for investment funds, CBI markets updates, speech on CBI’s ASP, IAF.

    Asset Management & Investment Funds
  • article

    Third Party Funding of International Commercial Arbitration in Ireland: signed into law

    On 5 July 2023, The President of Ireland, Michael D. Higgins, signed into law the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 (the Bill). The Bill amends a variety of legislation, including the Arbitration Act 2010 (the AA 2010).

    Disputes
  • article

    A year in the life of the Corporate Enforcement Authority

    When it was (largely) commenced in 2022, the Companies (Corporate Enforcement Authority) Act 2021 (the Act) established the Corporate Enforcement Authority (CEA) in Ireland on 7 July 2022.

    Corporate Governance & Compliance
  • article

    Incoming Foreign Subsidies Regulation

    A new European regulatory regime, the Foreign Subsidies Regulation (FSR), will be fully operational shortly. The FSR is intended to allow the EU to minimise distortions in the EU’s internal market as a result of non-EU subsidies granted to businesses operating in the EU. The FSR begins to apply from 12 July 2023.

    Corporate & M&A
  • article

    White Collar Crime: A Tougher Approach to Sentencing?

    In a highly publicised decision now over 10 years ago, Paul Begley was found guilty by the Dublin Circuit Criminal Court in 2012 of avoiding the payment of customs duty on more than 1,000 tonnes of garlic imported from China by having the product labelled as apples.

    Disputes
  • article

    Gun-jumping: regulators setting their sights on deal-making in Europe and in Ireland

    In our note of July 2022 we considered European developments regarding the $8b acquisition of GRAIL Inc. (Grail) by Illumina Inc (Illumina), both US headquartered businesses.

    Corporate & M&A
  • article

    Dismissals – it’s complicated!

    In our recent three-part webinar series, ‘Dismissals – It’s Complicated’, we provided our insights on what employers need to know when faced with the most common, and often tricky, dismissals in Ireland. Read our key takeaways here.

    Employment
  • article

    Supreme Court says ‘Pay Now, Argue Later’ in service charge dispute

    The Supreme Court has recently handed down its judgement in Sara Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd, which will be of interest to commercial landlords and tenants in NI and persuasive to the NI judiciary. Read more on the decision here.

    Belfast
  • article

    Gender equality: gaps in NI equality legislation

    Demands for equal treatment in a sporting environment reflect that of the workplace. Read more here.

    Belfast
  • publication

    EU-US Data Privacy Framework – at a glance

    On 10 July 2023 the European Commission adopted an adequacy decision relating to the transfer of personal data from the EU to the US which takes place under the EU-US Data Protection Framework. In this short update we summarise how the framework will operate in practice

    Commercial & Technology
  • article

    Striking a new balance | Changes to occupiers’ liability - an insurance perspective

    The Courts and Civil Law (Miscellaneous Provisions) Act 2023 has been signed into law by the President. New provisions governing an occupiers’ duty of care under the Occupiers’ Liability Act 1995 will take effect once the Act has been commenced.

    Insurance & Reinsurance