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    Legal aspects of fighting cybercrime appearing in the form of business email compromise
    2022-01-11

    Business email compromise, or BEC is a type of cyber-facilitated fraud where fraudsters compromise IT networks, intercept business communications, and by using different manipulation techniques, trick employees into making wire transfers to fraudulent bank accounts. The fraud itself is not a new creature. It is an old trick, merely conducted with the use of modern technologies.

    Filed under:
    Poland, Banking, Insolvency & Restructuring, White Collar Crime, Wardyński & Partners, Cybercrime, Money laundering, Anti-money laundering
    Authors:
    Łukasz Lasek
    Location:
    Poland
    Firm:
    Wardyński & Partners
    UK REIT Horizon Scanner Q4 2021
    2021-10-18

    UK REIT Horizon Scanner Q4 2021

    UK REIT Horizon Scanner Q4 2021

    Key Issues

    Key issues coming up for UK Main Market REITs in corporate, financial regulatory, planning, real estate, securities law and regulation and tax1 in England (including retained EU law2).

    Issue/status/timing: New developments since our March 2021 edition are shown in green text. Impact: urgency/impact rating for REITs admitted to London Stock Exchange Main Market (including the Specialist Fund Segment3)

    Filed under:
    European Union, United Kingdom, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Planning, Public, Tax, White Collar Crime, Taylor Wessing, Corporate governance, Brexit, Libor, Modern slavery, Climate change, Electric vehicle, Supply chain, Money laundering, Mediation, Gender pay gap, ESG, Coronavirus, Commercial tenant, Anti-money laundering, Cladding, SPAC, HM Revenue and Customs (UK), UK House of Commons, Competition and Markets Authority (UK), House of Lords, Bank of England, European Securities and Markets Authority, MiFID, Modern Slavery Act 2015 (UK), American Rescue Plan Act 2021 (USA)
    Location:
    European Union, United Kingdom
    Firm:
    Taylor Wessing
    International Comparative Legal Guides - Derivatives 2021 - Australian chapter
    2021-07-08

    Derivatives specialist Louise McCoach has authored the 2021 Australia chapter of the ‘International Comparative Legal Guide - Derivatives 2021’, which summarises the laws and regulations of derivatives in Australia. The chapter covers documentation and formalities, credit support, regulatory issues, insolvency/bankruptcy, close-out netting, taxation and bespoke jurisdictional matters and market trends in the Australian derivates market.

    Filed under:
    Australia, Capital Markets, Derivatives, Insolvency & Restructuring, Tax, White Collar Crime, Gilbert + Tobin, Libor, Money laundering, Australian Securities and Investments Commission, Aon, Corporations Act 2001 (Australia)
    Authors:
    Louise McCoach
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    New Regulations Amending Ireland's Solvency II Regulations Signed into Law
    2021-06-25

    Background

    The European Union (Insurance and Reinsurance) (Amendment) Regulations 2021 (2021 Regulations) will come into operation on 30 June 2021, giving effect to Directive (EU) 2019/2177 of the European Parliament and of the Council of 18 December 2019 (2019 Directive).

    The 2019 Directive amends the Solvency II Directive (2009/138/EC), the MiFID II Directive (2014/65/EU) and the 4th Anti-Money Laundering Directive (2015/849/EU).

    Filed under:
    Ireland, Insolvency & Restructuring, White Collar Crime, William Fry, Money laundering, Central Bank of Ireland, MiFID, Solvency II Directive (2009/138/EU)
    Authors:
    Eoin Caulfield , John Larkin , Ian Murray , Cliodhna Hand
    Location:
    Ireland
    Firm:
    William Fry
    Financial Regulation Weekly Bulletin - 24 June 2021
    2021-06-24

    Includes developments in relation to: ESG; CRR; COVID-19; IFPR; Basel III; Securitisation Regulation; LIBOR; and EMIR.

    Click on the headings below to access each section:

    General

    HEADLINES

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Environment & Climate Change, Insolvency & Restructuring, Litigation, Slaughter and May, Corporate governance, Climate change, Money laundering, ESG, Coronavirus, Financial Conduct Authority (UK), Bank of England, European Securities and Markets Authority, MiFID, UK Supreme Court
    Authors:
    Selmin Hakki
    Location:
    European Union, United Kingdom, USA
    Firm:
    Slaughter and May
    Legal update on insolvency law - June 2021
    2021-06-23

    AML changes for court-appointed liquidators

    Important changes for court-appointed liquidators to the regulations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (Act) will come into force on 9 July 2021.  These changes provide that, for a court-appointed liquidator:

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Money laundering, Due diligence
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Peter Niven , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Singapore Court of Appeal holds that companies are now to be adjudged insolvent using only the cash flow test
    2021-06-22

    In Sun Electric Power Pte Ltd v RCMA Pte Ltd (formerly known as Tong Teik Pte Ltd) [2021] SGCA 60 (“Sun Electric”), the Singapore Court of Appeal (per Justice Judith Prakash) addressed in its written ground of decision (“GD”) the questions of: (i) what is the applicable test for the purpose of determining insolvency under s 254(2)(c) of the Companies Act (Cap 50, 2006 Rev Ed) (“Companies Act”); and (ii) who should be the appropriate party to control the conduct of the appeal, as well as to bear the responsibility of any costs incurred during and after the appeal, following a company’s right

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Oon & Bazul LLP, Money laundering
    Authors:
    Keith Han
    Location:
    Singapore
    Firm:
    Oon & Bazul LLP
    Restructuring and corporate recovery: an outlook for 2021
    2021-05-07

    This article first appeared in Business Brief magazine, May 2021 edition.

    Across the world, government support has kept insolvency rates down but as jurisdictions look to loosen restrictions and ease back into some kind of normality, governments can't foot the bill forever.

    As financial support is withdrawn, restructuring, insolvency and corporate recovery practitioners will likely see a spike in activity, and offshore firms in the Channel Islands are braced for an increase in demand from clients.

    Filed under:
    Guernsey, Insolvency & Restructuring, White Collar Crime, Ogier, Money laundering, Coronavirus
    Authors:
    Mathew Newman
    Location:
    Guernsey
    Firm:
    Ogier
    Insurance and Reinsurance Disputes Annual Review 2020
    2021-02-11

    INSURANCE AND REINSURANCE DISPUTES

    2020 REVIEW

    The contents of this publication are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.

    INSURANCE AND REINSURANCE DISPUTES 2020 REVIEW

    Contents

    Preface

    Filed under:
    European Union, United Kingdom, Aviation, Company & Commercial, Competition & Antitrust, Employment & Labor, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Herbert Smith Freehills LLP, Brexit, Employee Retirement Income Security Act 1974 (USA), Money laundering, Mediation, Due diligence, Force majeure, Personal data, Cybersecurity, Coronavirus, Financial Conduct Authority (UK), European Commission, Barclays, HM Revenue and Customs (UK), CJEU, Serious Fraud Office (UK), European Medicines Agency, House of Lords, European Free Trade Association, GDPR, Solvency II Directive (2009/138/EU), Court of Justice of the European Union, Employment Appeal Tribunal, Technology and Construction Court
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Doing business in the United States 2021
    2021-01-15

    Doing business in the United States

    2021

    2

    Hogan Lovells

    Doing business in the United States 2021

    3

    Contents

    Introduction1

    I.Openness of U.S. markets to foreign investment

    2

    II.Direct or indirect market entry and choice of entity

    8

    III. Commercial contracting

    20

    IV.Labor and employment law considerations

    26

    V.Immigration laws

    34

    VI.Intellectual property laws

    40

    VII. Export control and economic sanction laws

    46

    VIII. U.S. antitrust laws

    56

    Filed under:
    USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Sexual harassment, H-1B visa, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), USPTO, US Department of Labor, National Labor Relations Board (USA), Financial Crimes Enforcement Network (USA), US International Trade Commission, Office of Federal Contract Compliance Programs (USA), Microsoft, Committee on Foreign Investment in the United States, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), USMCA, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells

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