Latest Briefings

Contributed surplus: it’s not capital!

In our previous paper, we discussed the meaning of share premium, the various ways a company may use share premium and its importance when determining the assessable capital of a company. In this paper we discuss contributed surplus, another frequently misunderstood concept which is distinct from and is not to be confused with share premium.

The Lugano clock has stalled: what now for dispute resolution clauses?

Since 1 January 2021, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast) and the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer apply to the UK. There is no mechanism allowing the UK to accede to Brussels Recast in its own right. Under the Lugano Convention, however, the UK is entitled to apply for accession following certain conditions specified in Article 72. Although the UK applied for accession in April 2020, it has not yet been ‘invited’ to accede. The European Commission, however, recently notified the Swiss Federal Council (as Depositary of the Lugano Convention) that, representing the EU, it does not consent to the UK’s accession. Whether this is the final decision from the EU, or whether the European Council will vote on the issue, remains to be seen. In the absence of unanimous consent of all contracting parties coupled with the enforcement gap of several months even if accession to the Lugano Convention is permitted, Irish (or indeed EU or EFTA) contracting parties with UK entities should continue to give careful consideration to their dispute resolutions clauses.

Return to the office: Is your data protected?

With the end of COVID-19 restrictions in sight, many businesses and their employees will be returning to the office within the next few months. While some employers will expect their workforce to be back full-time, others will adopt a hybrid way of working with employees’ time split between the office and home. This presents an array of challenges and issues that employers need to prepare for to ensure safety in the workplace, as well as business continuity. This podcast series discusses the key issues and how employers should address them to make sure their return to the office runs smoothly. In this first episode, Gowling legal director Anna Fletcher is joined by partner Jocelyn Paulley from our Data Protection team. Jocelyn will be discussing the key considerations that employers need to focus on in terms of data protection compliance in this new workplace and how to make sure that confidential information remains secure.

COVID-19 update: Step three of Ontario’s ‘Roadmap to Reopen’ plan presents new challenges for employers

Effective 16 July 2021, Ontario entered ‘Step 3’ of its Roadmap to Reopen. Qualifying businesses (including office workplaces) are now permitted to allow workers to return to the physical workplace, subject to compliance with all applicable health and safety protocols and public health requirements, including local requirements introduced under Regional/Municipal By-laws, Orders issued by local Public Health Units, etc.

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White & Case reveals uncharacteristic dip in London turnover

White & Case’s London revenue decreased by four per cent last year, while globally the firm recorded a rise in its financials to hit $2.2bn. Revenues at the firm’s UK outpost were $337m in 2019, a 3.7 decrease from the 2018 figure of $350m. Globally though turnover rose by 6.6 per cent to $2.2bn. Its […]

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Host of international firms act on Alstom’s €7.5bn rail purchase

Five international law firms have acted on the €7.5bn sale of Bombardier’s rail business to French company Alstom, one of the biggest European deals of the year so far. Cleary Gottlieb Steen & Hamilton was the lead legal adviser to Alstom on the acquisition with a cross-Atlantic team, while Norton Rose Fulbright counseled the seller […]

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