Allen & Overy LLP

FCA Publishes Decision Notices In Respect Of Three Former Members Of Keydata’s Senior Management

In this decision report, we consider the FCA’s decision notices issued to the former chief executive, sales director and compliance officer of Keydata Investment Services Ltd in connection with the sale of structured products…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

South African Renewable Energy Independent Power Producer Procurement Programme (REIPPPP): Salient Features Of And Changes To The Bid Window 4 RFP For Purposes Of The 1800MW Expedited Bid Submission Window

Briefing Note 23 and Parts A, B and C of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) Request for Qualification and Proposals (RFP) Expedited Bid Submission Window (EW) dated June 2015 have…more
| Energy & Utilities, Environmental Law, International Law & Trade, Science, Computers, & Technology, Government Contracting

Australian Senate Announces Foreign Bribery Inquiry

The Senate will commence an inquiry into foreign bribery, with a view to toughening Australia’s anti-bribery regime. The chair of the relevant Senate committee has indicated that various high profile business figures and…more
| Commercial Law & Contracts, Criminal Law, International Law & Trade

European Commission Seeks Termination Of Five EU Member States’ Intra-EU Bilateral Investment Treaties

On 18 June 2015, the European Commission (the Commission) initiated infringement proceedings against five European Member States seeking termination of their bilateral investment treaties (BITs) with other European Union (EU)…more
| Civil Rights, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Modern Slavery Act - Preparing For Greater Supply Chain Transparency

In this news letter: - Preparing for greater supply chain transparency - Background - Timing - Will you be affected? - Preparing the statement - How far up your supply chains…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade

Non-U.S. Investment Funds and Managers: Regulatory Framework for Raising Capital in the United States

U.S. regulation of money managers, including non-U.S. managers, and the funds they manage is a complex regime that has changed significantly since the implementation of the Dodd-Frank Reform and Consumer Protection Act of 2010…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, International Law & Trade

English Rolls Building: The Forum Of Choice For Global Businesses?

The English civil justice system operates in an ever more globalised and competitive market, with international businesses seeking not only robust enforceable decisions, but also efficiently delivered ones. These proposals are…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Greek Financial Crisis – What Next?

Greece is facing a severe liquidity crunch with a rapid deterioration in the Government's cash position. This is evidenced by the Greek Government's recent request for wider public sector entities and local authorities to…more
| Bankruptcy, Elections & Politics, Finance & Banking, International Law & Trade

Changes To The Investment Firms Regime Under RD 358/2015

On 9 May 2015 Royal Decree 358/2015, of 8 May, amending Royal Decree 217/2008, of 15 February, on the legal framework of investment firms and other entities providing investment services and partially modifying Regulation…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

The General Data Protection Regulation - Where Are We Now?

To become law, the proposed text will need to be adopted jointly by the European Parliament and the Council of Ministers (i.e. ‘ordinary legislative procedure’). In March 2014, the European Parliament voted in plenary and…more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Changes To Loan Notes: Good Faith Not Implied

In Dennis Edward Myers & anr v Kestrel Acquisitions Ltd & ors [2015] EWHC 916 (Ch), 31 March 2015, the High Court refused to imply an obligation of good faith into a term allowing modifications of loan notes…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Upper Tribunal Expresses "Wholesale Disagreement" With FCA's Assessment Of Level Of Financial Penalty To Be Imposed On Non-Executive Director

In December 2014, the tribunal handed down a decision that partly upheld the FCA's findings in respect of Ms Burns in connection with her conduct as a non-executive director (CF2) of two mutual societies. The tribunal found that…more
| Administrative Law, Business Organizations, Business Torts, Civil Procedure, Finance & Banking

Competing Dispute Resolution Clauses Between Settlement Agreement And Underlying Contract

There is a presumption that parties intend for all disputes arising out of a particular relationship to be resolved in a single forum, and, as Monde Petroleum SA v WesternZagros Ltd [2015] EWHC 67 (Comm), 22 January 2015 shows,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade

Bill Of Law Enables Banks’ T3 Or Senior Subordinated Notes In Spain

In the process of implementation of the Bank Recovery and Resolution Directive (BRRD) in Spain, the draft bill is proposing a change in the ranking of claims which will enable Spanish banks to issue the so-called senior…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Asset Management Firms And The Risk Of Market Abuse: Key Practical Points From The FCA's Thematic Review Feedback And Recent FCA Enforcement Activity

Tackling market abuse continues to be a strategic priority for the FCA. In late 2014, the FCA undertook a thematic review into asset management firms and the risk of market abuse, the results of which were published in February…more
| Finance & Banking, Securities Law
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