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Legal Updates & Insights

  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at a European Commission consultation on the operations of the ESAs, the EuVECA Regulation and EuSEF Regulation, the MMF Regulation, a European Commission CMU report on addressing national barriers to capital flows, a European Commission assessment of EU equivalence decisions in financial services policy...

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    In Irish practice developments: Some Approaching Deadlines; Updated AIF Rulebook and Q&A; Updated UCITS Q&A; Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017; Companies (Accounting) Bill 2016; a Central Bank consultation on Funding Levies for Credit Institutions, Investment Firms, Fund Services Providers and EEA insurers.

    Asset Management & Investment Funds
  • Article

    The Front Page - Q&A: March 2017

    Does the Central Bank of Ireland require that externally managed VCC or ICAV funds maintain a designated email address?

    Asset Management & Investment Funds
  • Article

    Article 50 Timeline: What Happens Now?

    It is not possible to be precise because no Member State has ever left the EU. Article 50 of the Treaty on European Union (TEU) has never been invoked before and there are at least 18 elections forecast across the EU over the next two years but a broad indicative timeline would include the following possible events...

    EU, Competition & Procurement
  • Article

    Article 50: Frequently asked questions

    What is meant by the UK triggering Article 50?

    Brexit
  • Article

    The text of Article 50 of the treaty on the European Union

    Article 50 is often cited in debates and commentary but not many people have read it.

    Brexit
  • Article

    Triggering Article 50: The Big Event that will be largely forgotten

    On Wednesday, the UK Prime Minister is scheduled to “trigger” Article 50 of the Treaty on European Union – the TEU - to announce to the 27 other EU Member States that the UK intends to leave the EU.

    Brexit
  • 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