Related briefings

The restated Protection of Investors (Bailiwick of Guernsey) Law

The Protection of Investors (Bailiwick of Guernsey) Law, 1987 is due to be repealed and replaced by the Protection of Investors (Bailiwick of Guernsey) Law, 2020 with effect from 1 November 2021, following a long period of consultation between the relevant stakeholders including the Guernsey Financial Services Commission and Guernsey’s financial services community.

World Menopause Day – 18 October 2021

World Menopause Day (18 October) offers an opportunity for employers to reflect on the support given to their employees who are experiencing the menopause and peri-menopause.

Global perspectives: Current trends and outlook for the leveraged loan market

The obvious statement that 2020 was a year of unprecedented challenges needs no explaining. Just like other industries, the leveraged loan market felt the impact of Covid-19 outbreaks and lockdowns (especially in the first and second quarters), as global travel ceased and businesses in certain sectors ground to a halt, making due diligence, valuation and private equity deal-making all but impossible. This suppressed activity in 2020 caused pent-up demand, which together with cheap financing costs, led to predictions of a busier year for sponsor backed M&A in 2021.

Cayman Islands funds: Economic substance notification filings for partnerships

As outlined in Ogier’s recent briefing, the Cayman Islands economic substance regime has recently been expanded, so as to now bring into scope Cayman Islands partnerships. Notwithstanding this expansion, an investment fund structured as a Cayman Islands exempted limited partnership is exempt from the requirement to meet any economic substance test in Cayman, as is any partnership through which an investment fund directly or indirectly invests or operates (which will generally include an exempted limited partnership acting as a general partner of an investment fund). Such partnerships will also be exempt from economic substance reporting obligations.

The Cayman Islands Court of Appeal relieves the tension between arbitration clauses and the just and equitable winding-up jurisdiction (in Japanese)

In the Court of Appeal of the Cayman Islands, a comprehensive judgment on 23 April 2020, in which Judges Moses JA, Martin JA and Rix JA settle disputes between shareholders in arbitration and impartially liquidate the company; clarified this regarding the interactions between the exclusive jurisdictions of the courts that settle through fair clearing procedures, which is welcome.

Latest Briefings

Currency of the future: A BVI perspective on litigating cryptocurrency

Philip Smith and Jason Kardachi (in their capacity as joint liquidators of Torque Group Holdings Limited) v Torque Group Holdings Limited (in liquidation) BVIHC (COM) 0031 OF 2021, highlights the first judgment in this jurisdiction concerning the legal status of cryptoassets in the British Virgin Islands.

Compliancy with employment and immigration requirements

Led by Legal Director of Immigration, Rachel Harvey and Employment Partner, Emma Morgan, this webinar provided an insight into how best to remain compliant with employment and immigration requirements.

Menopause cases on the rise

This recent Employment Appeal Tribunal decision is a procedural case on the menopause. It was held that the Employment Tribunal had not adequately considered the individual’s ability to bring claims of disability discrimination, sex discrimination, harassment and victimisation based on her suffering symptoms of the menopause. More pertinently, the case is a reminder of the growing number of employment claims we’re seeing which are citing the menopause.

KaWeRÄG 2021 – greening antitrust law?

As part of the current ecolex focus on the 2021 Antitrust and Competition Law Amendment Act (KaWeRÄG 2021), Schönherr associates Maha Zöhrer and Anna Sofia Reumann deal with the topic of environmental and climate protection in the private sector. The efforts of companies to participate in sustainability projects can conflict with the current antitrust regime, which forbids potentially anti-competitive agreements between companies. KaWeRÄG 2021 aims to create more clarity. (in German)

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