Insurance Quarterly Legal and Regulatory Update: 1 October 2023 - 31 December 2023

1. SOLVENCY II

1.1 Solvency II Directive review: Provisional political agreement reached on proposed Solvency II amending Directive

Filed under:
European Union, Ireland, United Kingdom, Banking, Insolvency & Restructuring, Insurance, White Collar Crime, Dillon Eustace LLP, Digital transformation, ESG, Anti-money laundering, Greenwashing, European Commission, European Parliament, European Insurance and Occupational Pensions Authority, Central Bank of Ireland, European Securities and Markets Authority, Department of Enterprise, Trade and Employment (Ireland), MiFID, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU), EU Artificial Intelligence Act
Location:
European Union, Ireland, United Kingdom
Firm:
Dillon Eustace LLP
Contract law in focus: a look at current judgements and legal reforms

This overview includes case law since mid-2022 and provides an overview of legal amendments that have a practical impact on national and international contracts.

Insolvency-based rescission clauses

Filed under:
European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Trade & Customs, Noerr PartGmbB, Electric vehicle, Supply chain, Mediation, Due diligence, ESG, Insolvency, European Commission, European Court of Justice, Federal Court of Justice
Authors:
Felix Muhl , Michael Reiling , Roni Deger
Location:
European Union, Germany
Firm:
Noerr PartGmbB
UK distressed restructuring: why are ESG issues important?

Key points

Filed under:
United Kingdom, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Taylor Wessing, ESG
Authors:
Kirsten Fulton-Fleming
Location:
United Kingdom
Firm:
Taylor Wessing
Protect your construction business from insolvencies

With a rise in the number of businesses collapsing, construction companies need to be aware of how to protect themselves against risks.

According to UK Government data, construction firms in England and Wales topped the list of industries that experienced the highest number of insolvencies in the 12 months ending 30 September 2023.

Filed under:
United Kingdom, Construction, Insolvency & Restructuring, Marsh, ESG, Insolvency Service (UK)
Location:
United Kingdom
Firm:
Marsh
HFW Disputes Digest 2023

HFW DISPUTES DIGEST 2023

Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

Filed under:
European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
Location:
European Union, Global, Hong Kong, Singapore, United Kingdom, USA
Firm:
HFW
Private capital: Restructuring and special situations trends to expect in 2024

The last 12 months have seen a steady increase in restructuring and stressed or distressed financing transactions in the European market across a range of sectors, including tech, real estate, hospitality, manufacturing and retail.

Filed under:
European Union, USA, Corporate Finance/M&A, Insolvency & Restructuring, Ropes & Gray LLP, Electric vehicle, ESG, SPAC
Authors:
Matthew Czyzyk , Natalie Blanc
Location:
European Union, USA
Firm:
Ropes & Gray LLP
Court of Appeal summaries (December 18-22)

Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.

Filed under:
Canada, Ontario, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Real Estate, Blaney McMurtry LLP, Due diligence, ESG, Court of Appeal for Ontario
Authors:
John Polyzogopoulos , Ines Ferreira
Location:
Canada
Firm:
Blaney McMurtry LLP
2024: main new legislation needing to be considered by companies in Spain

2024: main new legislation needing to be considered by companies in Spain 2024 Viewpoint Spain 2 2024: main new legislation needing to be considered by companies in Spain December 2023 Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year. 2024 promises to be an intense year in terms of statutory and case law.

Filed under:
European Union, Spain, Banking, Capital Markets, Company & Commercial, Copyrights, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Garrigues, Offshore wind power, Renewable energy, Artificial intelligence, Digital transformation, Digital economy, Cryptocurrency, ESG, Cybersecurity, Anti-money laundering, Greenwashing, Generative AI, European Commission, European Securities and Markets Authority, EU Artificial Intelligence Act, Court of Justice of the European Union
Location:
European Union, Spain
Firm:
Garrigues
FIG Top 5 at 5 - 21/12/2023

1. Department of Finance publishes its Feedback Statement on the National Discretions contained within MiCA

Filed under:
European Union, Banking, Capital Markets, Environment & Climate Change, Insolvency & Restructuring, Insurance, White Collar Crime, Matheson LLP, Due diligence, Cryptocurrency, ESG, Anti-money laundering, European Commission, European Insurance and Occupational Pensions Authority, European Securities and Markets Authority, Solvency II Directive (2009/138/EU)
Location:
European Union
Firm:
Matheson LLP
2023 recap - what’s new for creditors in Germany on insolvency claw-back?

As the festive season approaches, it is time to take stock of the three 2023 most important decisions of the German Federal Court of Justice (Bundesgerichtshof, BGH) on claw-back issues in insolvency.

Filed under:
Germany, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, ESG, Insolvency, Federal Court of Justice
Authors:
Susanne Hoerrmann , Lars Westpfahl , Patrick Schroeder , Kristina Weiler , Sonja Vidal , Dr. Tom Dittmar
Location:
Germany
Firm:
Freshfields Bruckhaus Deringer