Latest Briefings

Dishonesty: A change of approach

On 29th April 2020, following the decision in the case of R v Barton and Booth [2020] EWCA Crim 575, the Court of Appeal identified that the two-limb test for dishonesty as identified in the case Ghosh, is no longer the approach to be taken.

Cybersecurity requirements for licensees

Entities regulated under the Insurance Law will need to implement cybersecurity measures in proportion to their cyber risk profile by 27 November 2020 following the release of the Rule and Statement of Guidance on Cybersecurity for Regulated Entities by the Cayman Islands Monetary Authority on 27 May 2020.

Wirecard – has the German financial regulator lost its immunity?

The German regulator BaFin is being sued for abuse of authority following one of the biggest fraud scandals of the decade with German payment processor, Wirecard AG, filing for insolvency owing €3.5bn and its chief executive arrested on suspicion of accounting fraud and market manipulation. This article explores the situation and considers the need for change.

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Moves 27 January 2014

Move of the Week Barclays has hired Lloyds Banking Group’s (LBG) head of legal for channels and intermediaries within the retail & wealth division Sian McIntyre. McIntyre has been in senior legal roles within the retail and wealth department since 2008, initially working as head of legal for corporate and commercial. She will join Barclays […]

Court of Appeal takes significant step in sentencing large companies

By Andrew Tatlock The Court of Appeal (Criminal Division) has handed down judgment on two appeal cases brought by companies contesting the level of fines each received. The court rejected both appeals, providing a clear message to the sentencing courts that could have significant consequences for all corporate defendants, particularly those with a large turnover. […]

Ensure your distribution agreement runs like clockwork — beware of banning exports to Switzerland

Manufacturers and suppliers experienced in entering into EU distribution agreements will be aware that there are limits upon the restrictions that they may lawfully place upon on their resellers — including in respect of territorial restrictions. But what about the impact of such distribution agreements on Switzerland given that Switzerland is not in the European […]

Corporate Matters — January 2014: TUPE changes — point to note

Changes to the TUPE regulations came into effect on 31 January 2014. What are the main implications for corporate finance? Generally speaking, the amendments to the TUPE Regulations are business friendly. The government appears to have listened to business concerns and the new regime should be, albeit only marginally, simpler than its predecessor. Purchasers of businesses — in respect […]

The SEC’s examination priorities for 2014

The Securities and Exchange Commission’s (SEC’s) Office of Compliance Inspections and Examinations (OCIE) recently published the priorities of its National Exam Program (NEP) for 2014 (the ‘2014 Priorities’). The 2014 Priorities focus on areas perceived by the SEC staff to ‘have heightened risk’. The OCIE report addresses both market-wide priorities and priorities that are specific […]

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