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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance - Investment Firms Mar 2022

    Domestically, the CBI and IOSCO have published a report on retail market conduct issues; At European level, ESMA has published its final report on guidelines on certain aspects of the MiFID II remuneration requirements, and its assessment and recommendations on the EC's MiFIR review proposal.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Banking Mar 2022

    Domestically, the CBI has announced the countercyclical capital buffer rate and published its response to the European Commission targeted consultation on improving the EU's macroprudential framework; At European level, the EBA has published reports on competent authorities' approaches to the AML/CFT supervision of banks, and on developing a framework for sustainable securitisation.

    Finance
  • article

    Individual accountability in financial services: report on pre-legislative scrutiny of the Central Bank (Individual Accountability Framework) Bill 2021

    The Joint Committee on Finance, Public Expenditure and Reform and Taoiseach (Committee) recently published its Report on Pre-Legislative Scrutiny of the General Scheme of the Central Bank (Individual Accountability Framework) Bill 2021 (the General Scheme).

    ESG & Sustainability
  • article

    Artificial Intelligence for court discovery: are we being left behind?

    Relativity, the world's largest and most ubiquitous eDiscovery software platform, have announced that Technology Assisted Review (TAR) 1.0 is no longer to be supported by the platform. By September 2022 this AI technology will no longer be available to Relativity users.

    ALG Solutions
  • publication

    CBI financial regulation priorities for 2022

    Recent speeches by Central Bank of Ireland's Governor, Director General Financial Conduct and Director of Financial Regulation have given a clear direction of travel on Irish financial regulatory priorities for 2022.

    Financial Regulation
  • article

    EU AML package: the current state of play

    In July of last year, the European Commission announced a package of legislative proposals designed to strengthen the EU's framework of laws on anti-money laundering and countering the financing of terrorism (AML/CFT).

    Financial Regulation
  • article

    Shareholder oppression: flexible approach of the Irish courts

    In the recent case of Mascarenhas v Karim and Anor, the Court of Appeal upheld a High Court finding of shareholder oppression under section 212 of the Companies Act 2014 (the 2014 Act).

    Corporate & M&A
  • article

    New Northern Irish employee right: Paid domestic abuse leave

    The Northern Irish Assembly has passed the Domestic Abuse (Safe Leave) Bill entitling victims of domestic abuse to at least 10 days paid leave each year to deal with domestic abuse issues.

    Belfast
  • publication

    The Corporate Governance Law Review 2022 - Ireland

    In the latest edition of The Corporate Governance Review, Corporate partner Paul White and knowledge lawyer Michelle McLoughlin provide an insight into the corporate governance regime in Ireland.

    Corporate Governance & Compliance
  • article

    Opt-in representative actions and litigation funding on the horizon for Irish Consumers?

    The Government has published the General Scheme of the Representative Actions for the Protection of the Collective Interest of Consumers Bill 2022 (the Scheme).

    Disputes
  • publication

    UCITS directive and AIFM regulation – sustainable finance revisions

    Following on from the implementation of the Sustainable Finance Disclosures Regulation (SFDR) and the Taxonomy Regulation, on 21 April 2021 the European Commission adopted a delegated UCITS directive and delegated AIFM regulation on the sustainability risks and sustainability factors to be taken into account for UCITS management companies and AIFMs.

    Asset Management & Investment Funds
  • article

    New Supreme Court decision: The Fixed-Term Work Act applies to employees who “act up”

    The Protection of Employees (Fixed-Term Work) Act 2003 (the Fixed Term Work Act) provides that where an employee is employed on two or more successive fixed-term contracts, the aggregate duration cannot exceed four years without objective grounds.

    Employment