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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance - General Cross Sectoral September 2022

    Domestically, on 12 September 2022, the CBI published the pre-Budget letter sent to the Minister for Finance by Governor Gabriel Makhlouf on 22 July 2022. At European level, on 16 September 2022, the ECB announced that it will collaborate with five companies to develop potential user interfaces for the digital euro.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Investment Firms September 2022

    Domestically, on 8 September 2022, the CBI published a statistical release regarding special purpose entities. At European level, on 27 September 2022, the European Securities and Markets Authority (ESMA) published a statement reminding firms to consider inflation and inflation risk when applying relevant MiFID II requirements in the interest of investor protection.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Banking September 2022

    Domestically, on 5 September 2022, the Department of Finance published the latest SME credit demand survey. At European level, on 30 September 2022, the European Banking Authority (EBA) published its first mandatory Basel III Monitoring Report that assesses the impact that Basel III full implementation will have on EU banks in 2028.

    Finance
  • publication

    Ireland transposes the EU Preventive Restructuring Directive: Modifications to Irish law will be of interest to both Irish and international practitioners

    On 27 July 2022, the European Union (Preventive Restructuring) Regulations 2022 (S.I. 380/2022) (the Regulations) amended the Irish Companies Act 2014 (the Act) by transposing certain requirements of Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 (the Directive) not already provided for in Irish law. 

    Restructuring & Insolvency
  • article

    Transposition deadline looms: Pre-legislative scrutiny of the Collective Redress draft Irish law

    Following the publication of the General Scheme of the Representative Actions for the Protection of the Collective Interest of Consumers Bill 2022 (the Bill), two sessions of pre-legislative scrutiny (PLS) have taken place.

    Disputes
  • article

    Third party funding of international arbitration in Ireland: on the horizon?

    The Irish Minister for Justice, Helen McEntee, has announced that Ireland is likely to introduce legislation removing the current restriction on third party funding of international arbitration in Ireland.

    Disputes
  • publication

    Mini budget introduces mega changes to the employment law landscape

    There is certainly nothing “mini” about the anticipated changes to employment law announced in recent weeks.

    Belfast
  • article

    New Product Liability Directive and Artificial Intelligence Liability Directive: Proposals published by European Commission

    On 28 September 2022, the European Commission published two draft pieces of legislation, which if ultimately adopted, will significantly reshape the consumer products landscape.

    Disputes
  • article

    Remote working, disconnecting, flexible working and work life balance – what’s what and where are we now?

    It's been a year like no other in respect of employment law changes in Ireland and anyone can be forgiven for losing track of where we have gotten to as we head towards the end of 2022.

    Employment
  • article

    EU’s Council adopts Digital Services Regulation

    On 4 October 2022, the European Union's Economic and Financial Affairs Council adopted formally the Digital Services Act (DSA). The DSA is known formally as the "Regulation on a Single Market for Digital Services and amending Directive 2000/31/EC" and is designed to create a safe digital space for both citizens and businesses.

    Commercial & Technology
  • publication

    FDI Screening of Third Country Transactions Bill 2022 Q&A

    The Irish Government has published the long awaited Screening of Third Country Transactions Bill 2022 which will introduce a screening regime for foreign direct investments in Ireland by parties established in third countries. 

    Corporate & M&A
  • article

    An adjudicator’s decision in the context of the final account process

    The Technology and Construction Court (TCC) in England and Wales has recently given judgment in Essential Living (Greenwich) Limited v Elements (Europe) Limited  in relation the extent to which an adjudicator's decision is binding on the parties for the purpose of an ongoing final account process.

    Construction