Ireland

News & Analysis as of

Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled...more

Currency Hedging Survives ESMA UCITS Share Class Cull

For the past two years, the European Securities and Markets Authority (“ESMA”), Europe’s main securities regulator, has had UCITS share classes in their sights. It has issued two discussion papers on the topic and has now...more

International Product Liability Review - Issue 65

The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. Please see full Publication below for more...more

US Magistrate Judge Upholds Search Warrants for Google Data Stored Overseas, “Shards” and All

Another front recently emerged in the legal battle over whether US law enforcement authorities can use a search warrant issued under the Stored Communications Act (SCA) to obtain data stored overseas. Until now, the battle...more

Your Daily Dose of Financial News

Ex-VW-Chairman Ferdinand Piech has thrown a wrench in the automaker’s official narrative of the emissions cheating scandal by suggesting, in sworn testimony, that the company knew of the cheating months before it was...more

Update on Ireland’s Framework Agreement

Last fall, we reported on Pfizer’s 30% price cut to Enbrel® (etanercept) to comply with Ireland’s Framework Agreement on the Supply and Pricing of Medicines, which requires price reductions for off-patent branded biologic...more

Second Circuit Denies En Banc Rehearing of Stored Communications Act Decision in Microsoft Case

Last summer, in a closely watched decision, the United States Court of Appeals for the Second Circuit quashed a warrant issued to Microsoft seeking a customer’s electronic communications that the company had elected to store...more

Second Circuit Denies En Banc Rehearing in Microsoft Email Case

On January 24, 2017, the U.S. Court of Appeals for the Second Circuit denied the Department of Justice’s request for an en banc rehearing in In the Matter of a Warrant to Search a Certain Email Account Controlled and...more

Sharply Divided Circuit Denies Government’s En Banc Petition In Microsoft Appeal

In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account...more

Second Circuit Court of Appeals Denies Rehearing in Microsoft Case

Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland. That warrant,...more

Investigatory Powers Act 2016 cast into doubt by new EU ruling

The Court of Justice of the European Union (the "CJEU") has ruled that EU Member States cannot pass laws that require communications service providers to carry out general and indiscriminate retention of communications data...more

Is the Glass Half-Full or Half-Empty? Central Bank Signs Off on CP86 With a Location Rule Compromise

The Central Bank of Ireland’s CP86 Consultation Process on Fund Management Company Effectiveness has been a hot topic in the Irish funds industry over the last two years. The proposals in their June 2016 CP86 consultation...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

CP 106: Review of Minimum Competency Code 2011 - The Central Bank has published a Consultation Paper on the Review of the Minimum Competency Code 2011 (CP106). The proposed changes to the minimum competency standards...more

Times You May Not Need a US Affiliate

Ten days ago I was in Belfast, speaking on a joint Invest Northern Ireland- Catalyst program about doing business in the US. Much virtual ink has been spilled on this blog about when an Irish or Northern Irish company should...more

Further Challenges to EU-US Privacy Shield and EU Data Exports

The EU-US Privacy Shield, introduced earlier this year to provide a lawful means of transferring personal data from the EU to the US, is facing a second legal challenge, this time from several French privacy rights groups....more

Prepare for Compliance with General Data Protection Regulation Checklist

The Irish Data Protection Commissioner (DPC) has issued a 12-step checklist of actions companies can take now to better prepare for compliance with the General Data Protection Regulation (GDPR), the new EU privacy regulation...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Central Bank launches ORION II platform to authorise all QIAIFs applications - All QIAIFs applications (including ICAVs) will be processed via the CBI’s ORION platform allowing consistency with other legal structures and...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

Top Ten International Anti-Corruption Developments for October 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Irish Data Protection Commissioner Welcomes Increases in Budget in Preparation for the GDPR Enforcement

As the companies doing business in Europe are trying to get their arms around the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), but so far not making substantial headway, the European Data Protection...more

EU-U.S. Privacy Shield challenged

Privacy advocacy group Digital Rights Ireland has launched a challenge in European courts against the EU-U.S. Privacy Shield scheme, claiming it does not adequately protect the privacy rights of EU citizens. The lawsuit is...more

Discrimination: Sexual Orientation vs Religious Belief

In the case of Lee v Ashers Baking Co Ltd [2016] NICA 39, the Northern Ireland Court of Appeal considered how to treat competing characteristics protected under anti-discrimination law, namely sexual orientation and religious...more

Pfizer to Lower Price of Enbrel in Ireland

The Irish Times reports that Pfizer will be cutting the price of Enbrel® (etanercept) on November 1st. Pfizer is cutting its price to comply with Ireland’s Framework Agreement on the Supply and Pricing of Medicines (the...more

Countries at a Glance: Ireland - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employee entitlement claims are becoming increasingly common. Employees frequently seek compensation for loss of...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Central Bank Issues "Dear Chairman" Letter Regarding Directors' Time Commitments for Each Sub Fund - The Central Bank of Ireland issued a “Dear Chairman” letter on 8 September 2016, concerning its review of the number of...more

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