FIDIC construction ‘contracts of choice’ updated

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Polish tax evasion rules – Impact on escrow agreements

To counteract tax evasion, Polish authorities have recently introduced legislation and digital systems allowing tax authorities to analyse banking systems, search for potential fraud, and block suspicious bank accounts. Effective 30 April 2018, the new rules may have an adverse effect on escrow accounts, M&A closings, and real estate transactions in Poland. This client alert […]

Warsaw: Management liability in M&A transactions

By Niall Crowley Increased volatility on financial markets is putting pressure on company management teams when setting valuations in M&A transactions, according to experts gathered at a seminar held by international law firm Wolf Theiss…

New EU regulation: The end of geo-blocking when shopping online

A new EU Regulation, which will take effect on 3 December 2018, provides for borderless online shopping. Traders are obliged to treat online customers equally, regardless of which EU-member state they come from. Geo-blocking will be abolished in many cases. However, digital content protected under copyright law and some other services are not yet affected […]

Bulgaria: Commission recommends amendments to the energy act

On 8 February 2018, the Bulgarian Competition Protection Commission (“CPC”) issued a Decision in a Competition Advocacy proceeding initiated in 2017 for the assessment of conformity with Competition law of the legal framework applicable to heat energy supply legislation. The Competition Advocacy proceeding analyzed the respective sections of the Energy Act (“EA”), the Heat Energy […]

Romania and GDPR: Key proposed measures

On March 14 2018, the Romanian law for implementing measures on EU regulation no.2016/679 on the protection of individual rights regarding the processing of personal data directive GDPR was submitted. The legislative proposal can be reviewed here…

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India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

Claims management companies: The new regulatory regime

Walker Morris Banking Litigation partners Louise Power and Rob Aberdein explain the new regulatory regime and the Financial Conduct Authority’s proposals for changes to the regulation of claims management companies across England, Wales and Scotland…

Adjudication Matters – July 2018

The Courts have re-affirmed that, despite a contract containing an express right of set-off, it is only in exceptional circumstances that a party will be entitled to set-off another claim against an Adjudicator’s award. This case serves as a helpful reminder that a right to set-off is unlikely to apply to an Adjudicator’s decision. The […]

Two EU regulations on UCITS/AIFMD asset segregation requirements for depositaries upon delegation

On 12 July 2018, the European Commission adopted two delegated regulations supplementing the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITS) on the safekeeping of assets by depositaries and their delegates. Their main purpose is to eliminate discrepancies among different national regulations. The following aspects will […]

Sleeping time is not working time says Court of Appeal

By Siobhan Fitzgerald The social care sector is breathing a sigh of relief after the Court of Appeal in Royal Mencap Society v Tomlinson-Blake reversed previous cases and decided that only time spent awake and working should be counted as working time for the purposes of calculating the national minimum wage.

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