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While much has been written about the Volcker Rule’s restrictions on banking entities, less attention has been paid to its impact on asset managers who are not banking entities subject to the rule.
European Finance Litigation Review — February 2014: litigation concerning banks’ disclosure requirements and more
This quarterly edition of the European Finance Litigation Review contains coverage of the most interesting cases and developments from across Allen & Overy’s European network.
There has been an increase in the number of investment treaty arbitrations brought by investors seeking to enforce their rights against states.
The Second Circuit has reversed the bankruptcy court that had granted recognition under chapter 15 to an Australian company that had not introduced any evidence of assets or operations in the US.
New legislation reforming the Belgian State Council, the supreme administrative court of Belgium, was published on 3 February 2014.
The Belgian Financial Services and Markets Authority is consulting on new rules regarding the marketing of financial products to retail clients.
As the aftermath of the global financial crisis continues to unfold, financial markets regulators have been criticised for missed opportunities to charge senior executives.
The idea behind automatic pension enrolment is simple — all UK workers should be in a good pension scheme unless they actively choose not to be.
An emissions trading system (ETS) exists within the European Union, established by Directive 2003/87/EC.
Last year was a ground-breaking year. The longevity swap market broke previous records with £8.9bn of liabilities being passed to providers.
The commercial court considers the date at which loss should be assessed where damages are sought as a result of alleged negligent financial advice.
The English commercial court has denied an application to set aside an anti-suit injunction restraining a defendant from pursuing litigation against a claimant in an Israeli court.
Last year was packed with national and international pensions developments. It can be difficult for corporate multinationals to keep track of shifting landscapes.
The Polish parliament has passed a governmental bill to reform the private pension fund sector in Poland despite receiving strong criticism from many economists and experts.
This is the first ruling of this type on article 5(3) in the context of antitrust damages actions and will aid the establishment of English jurisdiction for such claims.
The Commercial Court has jurisdiction to grant security for costs against claimants seeking to enforce arbitration awards in the English court under the New York Convention.
The final Volcker Rule has relaxed the proposed restrictions on the ability of a non-US bank to engage in transactions with certain investment vehicles.
On 20 December 2013, the CFTC issued a series of comparability determinations for certain swap dealer and major swap participant business conduct requirements.
The power of MOFCOM is being felt at home and abroad, and investors must potentially be prepared to confront some significant and costly hurdles.
The draft Finance Bill 2014 proposes a number of changes to the approval process for employee share schemes.