Allen & Overy LLP

Supreme Court Considers The Constituent Elements Of An Offence Under Section 328 Of POCA

The Supreme Court makes some significant decisions about the constituent elements of an offence under section 328 of the Proceeds of Crime Act 2002 (POCA) in the case of R v GH [2015] UKSC 26). The case is unusual in that the…more
| Criminal Law, Finance & Banking, Insurance

Changes To The Securitisation Regime In Spain Under Law 5/2015

Law 5/2015, dated 27 April, for the promotion of business financing (Law 5/2015), has introduced important changes in the legal regime of securitisation in Spain…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Planting The Seeds For An International Rule Of Law -The Commercial Court Of England And Wales And The SICC

The Singapore International Commercial Court (SICC) was launched on 5 January 2015 to complement international commercial arbitration services provided by the internationally recognised Singapore International Arbitration Centre…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

High Court Clarifies Approval Process For ESMA Inspections

In this case report, we consider the High Court’s judgment in European Securities and Markets Authority v DTCC Derivatives Repository Limited [2015] EWHC 1085 (Ch), in which the High Court clarified the process that the European…more
| Administrative Law, Civil Procedure, Finance & Banking, International Law & Trade, Securities Law

French National Assembly Adopting Surveillance Legislation

On 5 May 2015, the French National Assembly adopted a Bill aiming at reinforcing state surveillance. Several internet players as well as politicians have already raised serious concerns regarding the adoption of this Bill…more
| Criminal Law, Elections & Politics, Privacy, International Law & Trade, Science, Computers, & Technology

New Regulations On Public Private Partnerships (PPP) In Vietnam

The Government of Vietnam recently issued new regulations on PPP under decree No. 15 (the New PPP Regulations). The New PPP Regulations will take effect from 10 April 2015 (the Effective Date) and replace the previously issued…more
| Finance & Banking, International Law & Trade, Transportation, Government Contracting

Luxembourg Ratifies The Unified Patent Court Agreement

On 18 March 2015, the Luxembourg Parliament approved the legislation ratifying the Unified Patent Court Agreement, the international treaty which establishes the Unified Patent Court. This ratification constitutes another step…more
| Intellectual Property, International Law & Trade

Private Equity In Africa: Context, Opportunities, And Risks

In this issue: - Overview - Macroeconomics - Politics and policy - The practice of private equity in Africa - Opportunities for private equity in Africa - An excerpt from…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

FCA Fines Individual For Committing Market Abuse Based On Information Provided By A Third Party

We consider here the FCA's enforcement action against Kenneth Carver for committing market abuse (insider dealing) in breach of section 118(2) of the Financial Services and Markets Act 2000 (FSMA) when purchasing shares on the…more
| Administrative Law, Criminal Law, Finance & Banking, Business Torts, Securities Law

Generation ¥ RMB: The New Global Currency

In this issue: - Foreword - Executive summary - Part 1: The big picture - A&O view: Coming to China and carrying renminbi - Part 2: Why paying in RMB is paying off - A&O view:…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Transportation

The New UAE Commercial Companies Law

The UAE has introduced a new Commercial Companies Law (UAE Federal Law No. 2 of 2015) (the New CCL), which replaces the previous Commercial Companies Law (UAE Federal Law No. 8 of 1984, as amended) (the previous CCL). The New…more
| Business Organizations, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Securities Law

UK Pensions: End Of Contracting-Out Issues For Employers And Trustees - April 2015

The immediate impact, for employers currently sponsoring a contracted-out DB scheme, is an increase in payroll costs because the reduced rate of national insurance contributions (NICs) which applies to workers who are in…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

Customer Liability Under The Minimum Wage Act: Recommendations For Reducing Liability Risks

Since the start of the year, companies have been grappling with letters from their clients (customers), in which these customers are demanding compliance with the Minimum Wage Act (MiLoG), referencing their own potential…more
| Construction Law, Labor & Employment Law

Full And Frank Disclosure Obligation Breached But Injunction Upheld

In JSC Mezhdunarodniy Promyshlenniy Bank & anr v Sergei Viktorovich Pugachev [2014] EWHC 4336 (Ch), 19 December 2014, Mann J refused to discharge a GBP 1.2 billion worldwide freezing injunction despite finding, inter alia, that…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, International Law & Trade

Inter-Solicitor Email Exchange Held To Amount To A Binding Settlement Of Complex Litigation

"Noted with thanks" was sufficient for the High Court to find, in the case of Raymond Bieber & ors v Teathers Ltd (in liquidation) [2014] EWHC 4205 (Ch), 11 December 2014, that the defendant's solicitor had indicated that a…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts
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