Allen & Overy LLP

Allen & Overy Partner Co-Authors Chapter on Swap Dealer Pay-to-Play Rule in 2015 Edition of Book on Regulation under Dodd-Frank

The 2016 elections pose potentially significant set of compliance challenges for swap dealers subject to CFTC Rule 23.451, the pay-to-play rule established by the U.S…more
| Commercial Law & Contracts, Elections & Politics, Securities Law

Singapore Legal Update - October 2015

The MAS’s consultation paper proposal to clarify that there is no requirement of material price impact to establish a case of false or misleading disclosure under section 199 of the SFA will have an impact on the way company…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

DOJ Cartel Fines Total for Fiscal Year 2015

The Department of Justice (DOJ) Antitrust Division imposed* a record USD2.853bn in criminal antitrust fines in fiscal year 2015, which concluded last week. The total in antitrust fines imposed in FY2015 (October 2014-September…more
| Antitrust & Trade Regulation

NDRC’s Reform On The Administration Of Foreign Debts - How It May Affect Your Transactions

On 14 September 2015, the National Development and Reform Commission (NDRC) promulgated the Notice on Accelerating Reform on the Administration of Filing and Registration of Foreign Debts Issued by Enterprises…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

New UK Class Action Regime: What Do You Need To Know?

New class action procedures will come into force in just four days’ time on 1 October. These will make the UK a more attractive forum for potential claimants and are likely to lead to an increase in the number of class actions…more
| Antitrust & Trade Regulation, Civil Procedure

Fundamental Question Over Data Transfer From Europe To The U.S.

The discussions between the EU and the U.S. on the Safe Harbor mechanism seemed to be almost there, but this morning the EU Court of Justice’s Advocate General Yves Bot has set the cat among the pigeons in his Opinion on the Max…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

Virtual Currencies - Mining the Possibilities

There are two distinct narratives surrounding virtual currencies. One picks up on countercultural elements – an extreme free market environment beloved by anarchists and criminals. The other describes a technology as…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Changes to Japan’s Personal Information Protection Act

Japan’s National Diet passed a bill earlier this month amending PIPA to strengthen the data protection regime and creating (with effect from 1 January 2016) a central regulator with enforcement powers. Most of the other…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Back to school – the last year in patents: September 2015

The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties innovators…more
| Civil Remedies, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Dutch Tax Plan 2016

Today, the Dutch Ministry of Finance published its Tax Plan 2016. In fact, the government sent six separate Bills to Parliament (one on 11 September and the other five on 15 September). Hereinafter we will refer to these six…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Taxation

EU Data Privacy Challenges In Responding To Data Requests Made By U.S. Authorities

Regulators, courts and law enforcement authorities in the U.S. (and other jurisdictions around the globe) have an insatiable appetite for access to data held by a range of companies, including in particular financial…more
| International Law & Trade, Privacy, Science, Computers, & Technology

Application Of The Double Jeopardy Prohibition To A Deferred Prosecution Agreement In The Oil For Food Case

On 18 June 2015, the Paris criminal tribunal rendered its judgment in one of the two cases that have reached French courts in relation to allegation of bribery in the context of the Oil For Food (OFF) program. In an important…more
| Business Organizations, Constitutional Law, Criminal Law, International Law & Trade

Upper Tribunal Finds That Individual Lacked Integrity Due To Recklessness

In this case report, we consider the decision of the Upper Tribunal (Tax and Chancery Chamber) in Ghanshyam Batra v Financial Conduct Authority [2014] UKUT 214 (TCC), in which the Upper Tribunal upheld the FCA's decision to fine…more
| Administrative Law, Business Torts, Civil Procedure, Finance & Banking, Real Estate - Residential

High Court Confirms Process For Distributing Client Money Held By Firm In Special Administration

In this case report, we consider the High Court judgment in Re Worldspreads Ltd v Re Investment Bank Special Administration Regulations 2011 [2015] EWHC 1719 (Ch) (19 June 2015). Originally published in Practical Law on…more
| Administrative Law, Bankruptcy, Business Organizations, Finance & Banking, Securities Law

The Luxembourg Supervisory Authority Publishes Helpful Guidance On AIFMD Marketing Rules

The Luxembourg act of 12 July 2013 on alternative investment fund managers (AIFMs) implemented the AIFMD into Luxembourg law (the AIFM Act). The AIFMD is a maximum harmonisation Directive, which means that EU Member States have…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law
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