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Legal Updates & Insights

  • Article

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

    On the Domestic Front we look at Deadlines, New Central Bank UCITS Regulations, Guidance and Q&A, AIFMD Q&A, Investor Money Regulations Q&A and an interesting address by Gareth Murphy, Central Bank Director of Markets Supervision.

    Asset Management & Investment Funds
  • Article

    Access to Information on the Environment Update

    UPDATE FOLLOWING AN ADDRESS FROM THE COMMISSIONER FOR ENVIRONMENTAL INFORMATION

    Environmental & Planning
  • Article

    Updated Irish ad code beefs up gambling requirements

    The Advertising Standards Authority for Ireland (‘ASAI’), an independent self-regulatory body, published on 17 September the seventh edition of its Code of Standards for Advertising and Marketing, of which Section 10 now specifically covers gambling; the latest Code is due to take effect on 1 March 2016.

    Betting, Gaming & Licensing
  • Article

    Cyber Risk – Is Your Business Prepared?

    Cyber security breaches are continually hitting national and international headlines and the need to be proactive to safeguard your business against such risks is increasingly important.

    Belfast
  • Article

    The War on Renewables?

    It is safe to say that the recent budget announced by Chancellor George Osborne came as something of a shock to the clean energy industry.

    Belfast
  • Article

    Penalty Clauses in the Context of Leaver Provisions

    Provisions allowing one party to withhold or forfeit future payments following a breach, or exit provisions allowing an innocent party to buy out a defaulting party at below market value, are common features in a wide range of corporate and commercial agreements.

    Belfast
  • Article

    Assignment of a Bare Cause of Action void as being Champertous

    SPV Osus Limited -v- HSBC International Trust Services (Ireland) Limited & ors [2015] IEHC 602 arose out of the Madoff fraud. Optimal Strategic US Equity Limited (OS) invested nearly all of its assets in Madoff funds and had a claim as an unsecured, non-preferential, creditor in the Madoff bankruptcy (the Allowed Customer Claim).

    Disputes
  • Article

    Irish High Court rules arbitral award may constitute a debt for the purposes of bankruptcy proceedings

    In Des Hennessey v Building Contractors Ltd v O'Beirne [2015] IEHC 596, the Irish High Court considered whether the arbitrator had been validly appointed and whether the petitioner was entitled to enforce an arbitral award as a debt through the bankruptcy summons procedure.

    Disputes
  • Article

    Directing the Directors: Injunction granted preventing the holding of an EGM

    The High Court, in a decision handed down on 28 September last, granted an injunction to the petitioner, Petroceltic International Plc preventing the holding of an Extraordinary General Meeting (EGM) that had been called by the defendant, Worldview Capital Management SA (Worldview), a 29.44% shareholder in the Company.

    Corporate Governance & Compliance
  • Article

    Transfer Tools Post Schrems: EU Data Protection Authorities’ Common Position on Model Contacts

    Model Contracts are standard contractual clauses for the transfer of personal data outside the EU/EEA which have been approved by the European Commission.

    Privacy & Data Security
  • Article

    UCITS V – Spotlight on the Depositary

    UCITS V is set to be transposed into law by 18 March 2016 and clients are now beginning to plan and prepare for its impact from a depositary perspective.

    Asset Management & Investment Funds
  • Article

    The burning question: are e-cigarettes permitted in the workplace?

    Over the past number of years, electronic cigarettes (often referred to as 'e-cigarettes') have become increasingly popular across the world, and in particular, throughout the UK, following the 'smoking ban' implemented in 2007.

    Belfast