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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Legislation due into force in October 2013

From 1 October 2013, the directors’ remuneration report in quoted companies (not AIM-listed companies) will need to contain information about the company’s directors’ remuneration policy and how it was implemented for that year. Once a remuneration policy has been approved, a company will only be able to make remuneration and loss-of-office payments that are permitted […]

Reed Smith’s global chief to replace Bob Hoyt as PNC GC

Reed Smith’s global managing partner Greg Jordan is leaving the firm for PNC Financial Services Group, leaving global litigation chief Alexander Thomas to fill his shoes.  The move comes months after banking giant Barclays named PNC’s general counsel Bob Hoyt as the replacement for outgoing legal head Mark Harding (30 August 2013). Hoyt joined PNC […]

Can reverse payments in patent settlements constitute criminal cartel conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence. In the US over the past decade, drug companies, the Federal Trade Commission (FTC) and class action applicants have battled […]

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Victims’ needs must come first

Claimant groups will need a lot of convincing about a new proposal for progressing mesothelioma cases It was with a sense of dismay that I read of the dispute between asbestos charities, the Ministry of Justice (MoJ) and the Association of British Insurers (ABI) in relation to the MoJ’s proposed replacement of the existing Mesothelioma […]

Future challenges in Ukrainian transfer pricing disputes

By Svitlana Musienko and Dmytro Donets Ukraine’s major transfer pricing reforms took effect on 1 September 2013. Generally, the new rules are OECD based, although some exceptions exist. While these new and technically complicated rules represent untested waters for all stakeholders, it is uncertain whether Ukrainian tax payers may rely on the local judiciary system to protect […]

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