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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance - Funds February 2023

    Domestically, revised SFDR Level 2 regulations have come into force. The CBI have confirmed the regulatory flexibility measures previously communicated during COVID-19 will not be extended. At European level, the SFDR Level 2 has been updated to include nuclear/gas in accordance with the Complementary Climate Delegated Act. ESMA have updated its Q&As in relation to UCITS and AIFMD.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Investment Firms February 2023

    Domestically, the CBI has published the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 and an addendum to the guidance on the Central Bank Client Asset Requirements. At European level, ESMA published the final report on opinion on the trading venue perimeter.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - General Cross Sectoral February 2023

    Domestically, CBI published a 'Dear CEO' letter setting out the CBI's key regulation and supervisory priorities for 2023 and also updated the Beneficial Ownership Register FAQs. At European level, the European Supervisory Authorities met stakeholders from across the financial sector amid preparations for the Digital Operational Resilience Act.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Banking February 2023

    Domestically, the CBI published FAQs in relation to the Ireland Safe Deposit Box, Bank and Payment Accounts Register. At European level, the European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 have been published.

    Finance
  • publication

    Is the future really female? An analysis of sex discrimination in case law and the future of employment law

    In this article, we examine recent case law surrounding sex discrimination, identify areas of good practice for employers and discuss future employment law developments that appear to be on the horizon.

    Employment
  • Article

    Further developments in crypto-asset compliance: arbitration clauses in terms and conditions of cryptocurrency exchanges

    The English High Court has ruled that it had jurisdiction to hear an underlying claim from a user of the defendant's cryptocurrency exchange, notwithstanding the existence of a binding arbitration clause in the terms and conditions designating San Francisco as the seat of arbitration. Read more here.

    Disputes
  • article

    Expansion of EU legal privilege: CJEU looks at DAC6 notification requirements for lawyer intermediaries

    The Court of Justice of the European Union (CJEU) recently considered the mandatory disclosure requirements on lawyer intermediaries under the EU Mandatory Disclosure Regime or DAC6.

    Disputes
  • article

    Further developments in crypto-asset compliance

    The English High Court ruled that it had jurisdiction to hear an underlying claim from a user of the defendant's cryptocurrency exchange.

    Disputes
  • Article

    IAF Update: Launch of Central Bank of Ireland Consultation

    Further to last week's enactment of the Central Bank (Individual Accountability Framework) Act 2023, the Central Bank of Ireland has now launched a three-month Consultation on key aspects of the implementation of the Individual Accountability Framework, including the publication of draft Regulations and draft Guidance.

    Regulatory Risk & Investigations
  • publication

    The EU’s Foreign Subsidies Regulation European Commission scrutiny of non-EU subsidies

    The EU's Foreign Subsidies Regulation came into force on 12 January 2023 and grants sweeping new powers to the European Commission to tackle harmful non-EU subsidies.

    EU, Competition & Procurement
  • publication

    Securities markets update: Central Bank of Ireland publishes Outlook Report 2023

    The Central Bank of Ireland (CBI) recently published its Securities Markets Risk Outlook Report for 2023, which details key conduct risks to securities markets, and the actions firms should take to identify, mitigate and manage them.

    Financial Regulation
  • Article

    AIE Update - Right to Know CLG v Commissioner for Environmental Information & Raheenleagh Power DAC Supreme Court Determination

    This article examines the key issues raised before the Supreme Court in relation to the question of whether a private energy generator can be considered a "public authority" for the purpose of the Access to Information on the Environment Regulations 2007.

    Environmental & Planning