Ireland: New order for contractors in mechanical engineering building services

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ECJ clarifies ambiguity around EU Design Protection Exemption

By David Cullen The European Court of Justice (ECJ) has clarified the ambiguity which has surrounded the interpretation of Article 8 of the Community Design Regulation (EC) no 6/2002 (CDR); the provision which excludes from design protection those design features which are dictated solely by technical function. The ECJ’s decision in Doceram v CeramTec (C-395/16), a […]

GDPR- A door to privacy class actions suits in Ireland

By Kellie O’Flynn With the EU General Data Protection Regulation (GDPR) now in effect, one of the emerging considerations is whether its provisions – specifically Article 80 – open the door to ‘class action’ style privacy cases. Several European countries have already legislated for varying degrees of collective actions, particularly in the area of consumer protection, […]

New Data Protection Act 2018 allows access to court records to media

By Owen O’Sullivan, Richard Breen, Lisa Carty One of the many implications of the new Data Protection Act 2018 is that pursuant to section 159 of the Act the rules of the courts (at all levels) have been changed to allow access to court records for bona fide members of the press or broadcast media. Although the media […]

Ireland: new Coroners Bill aims to modernise the law and address maternal deaths

The Minister for Justice and Equality, Charlie Flanagan, published the Coroners (Amendment) Bill 2018 on 2 August 2018 with the aim of significantly clarifying, strengthening and modernising the law relating to the reporting of deaths to coroners. The Bill, once enacted, will amend the Coroners Act 1962. The Bill allows for a wider scope of […]

Use of behavioural biometrics brings privacy issues under GDPR

By Alex Towers With cybertheft and data breaches becoming an increasingly common occurrence, the need to rapidly and accurately identify fraud has driven the development of behavioural biometrics as a means to target automated attacks and suspicious transactions. However, for the technology to function, companies must amass libraries of biometric personal data to construct profiles…

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Cayman Islands economic substance requirements

By Nick Rogers, David McIntyre From 1 January 2019, new legislation will come into effect in the Cayman Islands, requiring in-scope entities that carry on particular activities to have demonstrable economic substance in Cayman. The International Tax Co-operation (Economic Substance) Law, 2018 was passed on 17 December 2018, after an extensive process of consultation with the EU […]

Accountant work product not privileged and must be produced to CRA

By Stevan Novoselac, Josiah Edwards Davis In Canada v. Atlas Tube Canada ULC, the Federal Court (FC) ordered a draft due diligence report  prepared by Ernst & Young LLP (Canada) to be produced to the Canada Revenue Agency (CRA). The Minister of National Revenue applied to the FC, pursuant to section 231.7 of the Income Tax Act (Canada)1, seeking an […]

Should employers inform employees about pension benefits

By Liz Wood Pension schemes can often appear difficult to understand for many employees; a reflection, perhaps, of a more widespread lack of engagement with financial savings and planning. The question then frequently arises: how far does an employer’s duty to inform employees about pension benefits extend? In the next of our back to basics […]

What new geographical indications bill means for products in Russia

By David Aylen, Elizaveta Osipchuk, Gordon Harris On July 27, 2018, the Russian State Duma passed first reading of a draft bill entitled “On Amendments to Part Four of the Civil Code of the Russian Federation (on geographical indications)” (the Bill on geographical indications (GIs)). As a part of the general legislative process, a bill […]

The U.S. Federal Trade Commission reminds about dangers of internet-connected children’s toys

By Brent J. Arnold, Kavi Sivasothy The U.S. Federal Trade Commission has just issued a seasonal (and chilling) reminder about the dangers of internet-connected children’s toys: they may be recording your children’s voices and sharing their locations when they play. The FTC encourages grownups buying smart toys to investigate what kind of information the toys […]

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Kinstellar launches the 2018 Internship Programme in Budapest March 2018

Kinstellar’s 2018 Internship Programme is open to all third or fourth year students and rolls out from June to the end of September. The firm looks for people who strive for excellence in everything they do, with a strong academic record or a law degree gained at a leading Hungarian university, and fluent in Hungarian […]

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Hot 100 Career Quiz: Ingrid York

Name: Ingrid York Position: Partner Firm: White & Case In Hot 100 for: Becoming head of White & Case’s derivatives and structured finance group, taking the lead on a novel, precedent-setting matters. Read her full Hot 100 profile. What’s your most vivid memory from being a trainee? Reading template contracts and text books for days on end before I […]

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