The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more
Following two weeks of trial testimony, a Travis County jury recently rendered a $10 million verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed...more
The 2024 New York State Executive Budget included a first-of-its-kind bill that would require certain physician practice and management services organization (MSO) transactions to undergo regulatory review and approval by the...more
Contrary to the market's expectation that it would maintain tight regulation of the virtual asset industry, during the Hong Kong Fintech Week 2022, the Hong Kong government announced significant initiatives to open up the...more
In my last installment, I introduced you to the best singer you've never heard of - Lani Hall. She made her fame singing in Portuguese (Sergio Mendes and Brasil 66) and Spanish (beautifully I might add!) while being unable to...more
I am on the record stating that as far as musical taste is concerned, I am a "horn band" aficionado - Tower of Power, Chicago, Blood, Sweat and Tears. By default, I am not an aficionado of folk music and ballads. Having said...more
On May 8, 2022 the Office of Foreign Assets Control (OFAC) announced that the performance of accounting, trust and corporate formation and management consulting services for persons located in the Russian Federation...more
The Central Bank of Russia did another “shot” at the rights of cryptocurrency holders on July 19, 2021. The Bank issued an Information Letter No. IN-06-59 / 52 “On certain types of financial instruments” on this day. Now...more
A change in law provision engaged by the Covid-19 pandemic can reduce the management fee payable to zero: Westminster City Council v Sports and Leisure Management....more
The Internal Revenue Service (IRS) is expected soon to publish its final rule on federal excise tax (FET) exemption for aircraft management companies and owners. The IRS pre-published final rules incorporate several...more
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition also highlights the recently updated 50...more
What is the law/regulation? As part of a number of regulatory initiatives being implemented in the European Union, under its action plan for financing sustainable growth, proposed amendments to AIFMD and the UCITS Directive...more
The Autorité des Marchés Financiers (AMF) on 11 March 2020 published a doctrine (Position/Recommendation DOC-2020-03) imposing obligations on asset managers with the aim of ensuring that information they provide to investors...more
The European Shareholders' Rights Directive II (“SRD II”) has been transposed into Irish law with the publication of the European Union (Shareholders’ Rights) Regulations 2020 (“Regulations”). The Regulations aim to promote...more
Court cases involving charter schools and education management organizations (“EMO”) have been rare in North Carolina. Two decisions issued this spring thus provide important insight into how courts will interpret management...more
Eligibility of UK equities for French plan d’épargne en actions if Hard Brexit - In February, France passed an ordinance (the “Ordinance”) relating to the consequences of a no-deal Brexit. Article 4 provides the rules...more
Booking Holdings, Expedia Group and...Kiwi? ("Online Travel Agency Kiwi Has a Plan to Fight the Giants," Skift Travel News, October 18, 2018) Conventional wisdom says that start-ups in the online travel agent space...more
Luxembourg has transposed MiFID II into its national law, albeit five months after the deadline for doing so. In other matters, the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF)...more
The Central Bank of Ireland (the “Central Bank”) recently issued an industry letter1 highlighting issues identified during its recent thematic review of the calculation and payment of performance fees by UCITS. The review was...more
The Commission de Surveillance du Secteur Financier (CSSF) issued a circular on 23 August 2018 (Circular), which consolidates into one document the requirements for Luxembourg UCITS management companies, self-managed UCITS,...more
At the beginning of 2018, a new German investment taxation regime entered into force (German Investment Tax Reform 2018). Under the new law, a new intransparent taxation regime for mutual investment vehicles and their...more
Following an initial “soft” consultation with industry participants and relevant stakeholders, the Securities and Futures Commission (SFC) launched a three-month consultation on proposed amendments to the Code on Unit Trusts...more
BaFin Decision Regarding the Duties of Management Companies in Respect to Externally Managed Investment Companies - After a long consultation period, BaFin published its new interpretative decision on 21 December 2017...more
Entry into force of MiFID II - The Directive 2014/65/EU on Markets in Financial Instruments (MiFID II) entered into force in France on 3 January 2018. Within the framework, the French legal framework has been updated over...more
AMF - Update of the MiFID II guide for asset management companies - The Autorité des Marchés Financiers (the “AMF”, the French financial markets authority) updated its MiFID II Guide for Asset Management Companies on 6...more