General Business Updates

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Cloud Computing in the Financial Services Sector – the UK FCA Gets On-Message

It’s been a long wait but the UK’s financial services regulator, the Financial Conduct Authority (FCA), has published proposed guidance for UK-regulated financial services firms when using cloud computing solutions to...more

Spain issues deadline for implementing alternative Safe-Harbor mechanisms

Spain’s Data Protection Authority, the Agencia Española de Proteccion de Datós (‘AEPD’), has issued a deadline of 29 January 2016, for the implementation of alternative mechanisms to Safe Harbor....more

Germany To Significantly Expand Protections for Temporary Workers

The German government’s plan to strengthen the rights of temporary workers could have far-reaching implications for companies that have any workers based in the country. The Federal Ministry for Labour and Social Affairs (the...more

White Collar Crime in Europe Themes and Trends: November 2015

There continues to be an increasing appetite amongst authorities around the world to investigate corporates and banks for a range of criminal offices. Governments are also introducing new criminal offences aimed at...more

UK Autumn Statement 2015 – Key Tax Measures

The Chancellor of the Exchequer delivered his budgetary Autumn Statement on 25 November 2015. In this Client and Friends Alert we have outlined the key tax measures that we expect to be of interest to Cadwalader’s clients...more

Handbook Is No Arb. Agreement

In Lorenzo v. Prime Communications, L.P., No. 14-1727 (4th Cir. Nov. 24, 2015), Lorenzo sued her former employer, Prime Communications, L.P. (“Prime”), for minimum wage and overtime violations. Prime tried to compel...more

Autumn Statement 2015 - Real estate tax update

On 25 November the Chancellor delivered the 2015 Autumn Statement. From a real estate perspective, there were a few significant announcements. Stamp duty land tax (SDLT) Additional 3% on all bands on "additional"...more

M&A Attractiveness Index, EMEA – Sweden

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, Sweden is now ranked 19th out of a total of 147 countries in terms of its attractiveness for M&A purposes, (i.e., its...more

Contracts Are Considered When Using Assisted Reproduction Technology

Two recent decisions highlight the importance of contracts between parties in cases involving assisted reproduction technology (ART).  In Pennsylvania, the Superior Court found that television personality, Sherri Shepherd was...more

Phi Slama Jama and Leadership in Compliance

Guy V. Lewis died last week. For those uninitiated in college basketball, Lewis was one of the greats, coaching for over 30 years at the University of Houston. He went to the Final Four five times, alas though he did not win...more

Letters of the Law: 'X' is for eXceptionally adverse weather conditions

A to Z of Construction Law in Qatar Series Sandstorms and high wind speeds prevent the operation of cranes. Extreme temperatures can impact on productively. Even unexpected heavy rainfall can effect site operations in...more

M&A Attractiveness Index, EMEA – Turkey

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, Turkey is now ranked 53rd out of a total of 147 countries in terms of its attractiveness for M&A purposes (i.e., its...more

Your daily dose of financial news The Brief – 11.30.15

Another Black Friday has come and gone (and hey, welcome to Cyber Monday and a big financial week ahead), but the truth is that it’s not quite what it used to be—both for brick-and-mortar retailers and for those using it to...more

M&A Attractiveness Index, EMEA – Spain

According to the M&A Attractiveness Index, developed by the M&A Research Centre at Cass Business School, Spain is now ranked 16th out of a total of 147 countries in terms of its attractiveness for M&A purposes (i.e., its...more

Overriding Interest - Winter 2015

What Price Heritage? In April this year English Heritage split into two organisations. English Heritage, now a self funding charity, assumed responsibility for the national collection of over 400 historic properties. The...more

Rogers v. Forest City Ruling

On Thursday, Nov. 19, 2015, the Colorado Court of Appeals issued an opinion in Rogers v. Forest City Stapleton, Inc. (Case No. 2015COA167), a ruling that may have lasting importance for developers, builders, contractors,...more

No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down

“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at described as “a dreadful…would-be thriller” and “low-grade trash.”...more

Back to basics... Contractual interpretation

It often seems to be the case that contractual wording which seemed crystal clear during negotiations somehow becomes much less clear by the time it has to be looked at again… often at a point in time when the parties are on...more

Who Decides What Your Brand’s Worth?

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued,...more

Preemption 201 – Recent Cases Raising Specialized Issues

In case you haven’t noticed, we like preemption. We’ve even called ourselves “obsessed” with it. And with good reason. Preemption, where it’s available, is the most powerful defense around – capable of wiping out an entire...more

CFTC Unanimously Approves Notice of Proposed Rulemaking on Regulation of Automated Trading

On November 24, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) held an open meeting to propose the regulation of automated trading (“Regulation AT”). According to the CFTC, the purpose of Regulation...more

2015 Ontario Economic Outlook and Fiscal Review Provisions Affecting the Retirement Income System

The Ontario government has confirmed that it continues to move forward to implement the ORPP in 2017, while allowing for potential integration of the ORPP with a Canada Pension Plan (CPP) enhancement in the future. For more...more

Will you be Penalised for a Penalty?

Recent Developments in the law of Penalties - The law has long struggled with two competing notions about the proper approach to penalties, namely: 1. the freedom of parties to contract, 2. preventing a party from obtaining a...more

New Hampshire Adopts Uniform Securities Act

On January 1, 2016, a newly-adopted Uniform Securities Act will take effect in New Hampshire. The NH Securities Act is based on the Uniform Securities Act of 2002, which is a model statute designed to increase coordination...more

Vapourizer Ban Goes Up in (Medical Marijuana) Smoke?

On November 13, 2015, the Ontario Government released its proposed regulations (the E-Cig Regs) under the Electronic Cigarette Act (the E-Cig Act and, together with the E-Cig Regs, the E-Cig Legislation) governing the...more

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