Regulatory and compliance

News

Hong Kong

Gibson Dunn takes HSF regulatory team in Hong Kong

Herbert Smith Freehills’ former Asia financial regulatory services head William Hallatt has joined Gibson Dunn & Crutcher with a team of three lawyers. Hallatt joined HSF in 2014 from Linklaters, where he was a managing associate in London. He relocated to Hong Kong and became a partner of HSF to build up the firm’s financial […]

Winston’s new Shanghai ally loses seven-lawyer team to Chinese rival

A team of seven lawyers led by partner Michelle Gon have left Winston & Strawn’s Shanghai office and newly-formed strategic alliance YuandaWinston to join Chinese rival Han Kun. The team focusing on regulatory and compliance matters is Han Kun’s most significant recruitment in Shanghai since 2015, when it took on eight partners from domestic rival […]

Etay Katz, Ashurst

A&O finance partner joins Ashurst

Ashurst has hired a financial regulatory partner from Allen & Overy, as the former looks to expand its practice in the City. Etay Katz joins Ashurst’s financial regulatory practice after nearly 15 years at A&O, including ten as a partner. He joined the magic circle firm in 2006 after four years as an associate at […]

Bryan Cave Leighton Paisner, BCLP

BCLP hires Kirkland investigations partner

Bryan Cave Leighton Paisner (BCLP) has hired a regulatory and investigations partner from US firm Kirkland & Ellis. The US firm’s partner Sarah Klein is set to join the London office of the merged firm after four years. Klein had a stint at the Serious Fraud Office after working as an associate at Kirkland. There, […]

Gibson Dunn goes in-house for investigations lateral

Gibson Dunn & Crutcher has gone in-house for its latest London lateral hire, bringing in an expert from Morgan Stanley. The London office of the US firm has brought in Matthew Nunan, who until now was managing director and EMEA head of conduct risk at the financial institution. He will work on financial regulatory investigations […]

Analysis

Clive Freedman, 7KBW

Star legal writers: regulatory and competition

This week’s top briefings writers from TheLawyer.com cover the regulatory and competition sectors, including how philanthropic fundraising through crowdfunding can clash with insurance claims, new UK public procurement rules, and Ukraine sanctions law.

Index building

Crossing the divide: cross-border work and the Finance Team of the Year award

Cross-border work and political tensions are dominating this year’s entries for Finance Team of the Year at The Lawyer Awards. A complex sanctions and regulation landscape in Europe underpins many of the finance and banking work throughout the past year, with transactions impacted by international disputes and stringent regulatory requirements. This year, some of the […]

digital world internet

From in-house counsel to business partner: what you need to know

A study published recently by PwC looking at the global state of information security shows that many organisations lack both clear leadership and strategies for tackling the security threats they face. Indeed, not only do many fail to know how many security breaches they suffer, but the annual survey of business executives reveals they feel […]

Featured Briefings

New ESMA guidelines for fund marketing communications

ESMA has published its final report and Guidelines on Marketing Communications which set out disclosure principles and requirements for any communications which market funds to EU investors. The guidelines have been issued in the context of the new EU regime on the cross-border distribution of investment funds, which come into effect on 2 August 2021.

Fund Finance Update – Will Jersey’s new sustainable investment disclosure requirements aid ESG financing?

ESG. Unless you have been living under a rock these last 18 months (in hindsight probably not necessarily the worst place to have been) you will have heard these three letters over and over again. The hot topic of 2020 is carrying on full steam through the course of 2021 so far. While ESG investing has been gaining steady pace over the course of the last half decade, the use of ESG in financing arrangements has seen a recent proliferation.

Online Harms regulation – getting closer?

The Government’s much anticipated response to the Online Harms White Paper consultation has finally been released but those seeking clarity at this stage may be left scratching their heads. It appears to represent no more than an indication of the Government’s direction of travel under considerable media pressure to ensure that “something must be done” […]

Balancing fear and greed: Does an expansion of the UK foreign direct investment rules beckon?

By Bernardine Adkins, Sean Giles In 2018, new measures were introduced to expand the scope of government intervention in mergers. This year, the government’s briefing note accompanying the Queen’s Speech proposes new rules on investment screening. What does this mean for business? Our experts examine the existing UK foreign direct investment rules, and explain what any […]

Court finds power of inspection is limited in the event of litigation

By Serge Amar, Nicolas Dubé How does one reconcile the concept of equality of the parties before the court and the guiding principle of fair debate with a party’s statutory advantage of being able to obtain information and evidence from its opponent? Such was the question examined in Ville de Montréal c. Sanimax Lom inc., wherein the Superior Court had to […]

Q&A – Private client law in Portugal: overview

By Tiago Marreiros Moreira (partner), João Riscado Rapoula Tiago Marreiros Moreira (partner) and João Riscado Rapoula (managing associate) write for Practical Law da Thomson Reuters. In a Q&A format the lawyers make na overview of Portuguese Private Client legislation.

Proceeds of sale of school site lost due to operation of reverter

By Alan Corcoran, Charlotte Walker The closure of a school prior to its sale meant the use for which the land had originally been given had ceased and so the proceeds of sale did not belong to the local authority. This was the decision in Rittson-Thomas v Oxfordshire County Council, which concerned the redevelopment of a […]

Leaked nudes and talent morality clauses: A lesson for the digital age

Not every morality clause is created equal and the parties must consider what they hope to achieve when drafting the clause in order to ensure their reputation is protected. In November 2018, the Supreme Court of Canada dismissed a leave to appeal application on the application of a morality clause. Certain lessons can be pulled from […]

Challenging an IVA on the grounds of material irregularity

By Simon Clark, Gawain Moore In Gertner v CFL Finance Ltd [2018] the Court of Appeal found that there had been a material irregularity at the creditors’ meeting convened to consider the debtor’s IVA proposals. The lender’s breach of the good faith principle between creditors was sufficient to revoke the IVA on grounds of material irregularity.

Brexit’s implications for automotive intellectual property

By Gordon Harris If a deal is reached ahead of Brexit, the indications are that a transition period would preserve the status quo for intellectual property (IP) until the end of 2020. This article explores the implications of a no deal Brexit, for IP regimes supporting the UK automotive sector. It explains what would not be […]

Liability for intentional torts by workers

By Mark Josselyn Earlier this year the Human Rights Tribunal of Ontario (“HRTO”) found that a corporate respondent was liable for the violations of the Ontario Human Rights Code perpetrated upon the applicant by the personal respondent in the course of his employment, relying upon the analysis of the Supreme Court of Canada in Robichaud v. […]