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The Future Direction of Corporate Criminal Responsibility in Australia

On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more

English High Court Rules for Policyholders in FCA's COVID-19 Test Case Alert

In a significant victory for policyholders, on 15 September 2020, the English High Court delivered judgment in the UK Financial Conduct Authority's ("FCA") COVID-19 Business Interruption Test Case. In a significant victory...more

Boosting Blockchain: Germany to Introduce Electronic Securities

The Situation: The requirement for a paper-based note for issuing securities under the German law has been an obstacle for the use of security tokens in Germany. With the release of a draft bill (the "Bill") permitting the...more

AIM-Listed Company Implements Investor Compensation Scheme Following FCA Public Censure

The Situation: The UK Financial Conduct Authority ("FCA") publicly censured a UK publicly listed IT services provider for false disclosure but avoided a fine on the basis that the company provided essential services during...more

UK Launches Independent Sanctions Policy With Focus on Human Rights Violations

The Situation: On 6 July 2020, the United Kingdom announced its first set of independent sanctions, following its departure from the European Union. The new sanctions focus on individuals and entities identified by the UK...more

Latest Developments in Dealing With "Tough Legacy" IBOR Transition Contracts

The United Kingdom and European Union look to give powers to regulators, rather than using direct legislation, to deal with existing contracts that prove unable to convert or be amended to include fallbacks ahead of IBOR...more

English Court to Provide Guidance on Whether Common UK Insurance Policy Wordings Cover COVID-19 Claims

The UK Financial Conduct Authority ("FCA") has asked the English High Court to give an urgent declaratory judgment to address "significant uncertainty" on the scope of common business interruption insurance policy wordings in...more

Increased Commodities Enforcement Leads to CFTC Guidance and New DOJ Fraud Unit

The Commodity Futures Trading Commission ("CFTC") issues new civil monetary penalties guidance, and the U.S. Department of Justice ("DOJ") expands fraud division with new commodities fraud unit. On May 20, 2020, the CFTC...more

ISDA Proposals to Minimize Impact of Sanctions on Derivatives Transactions

The Situation: The increased use of financial sanctions (in particular "sectoral" or targeted sanctions) by the United States and European Union has the potential to cause short-term illiquidity, contagion, and market...more

China Accelerates Blockchain Adoption in the New Decade

The Situation: Authorities in China have cracked down on privately developed cryptocurrency, yet have heavily invested in and encouraged the development of other blockchain applications and services. The Result: The rapidly...more

New Sanctions Target Additional Sectors of Iranian Economy

The Situation: The Trump administration announced a new round of sanctions on January 10, 2020, following escalating tensions between the United States and Iran. The Result: The new sanctions complement existing sanctions...more

AMF Establishes New Legal Framework for Digital Asset Service Providers in France

The Situation: Following the enactment earlier in 2019 of new French legislation to regulate activities related to digital assets (including cryptocurrency but excluding tokenized securities), final regulatory provisions were...more

Turning Tides in FCA SMCR Enforcement: Easier Targets, Non-Financial Misconduct, Changing Priorities

The Situation: The Financial Conduct Authority ("FCA") is extending the Senior Managers and Certification Regime ("SMCR") to FCA solo-regulated firms on 9 December 2019 and has also released a number of statements in relation...more

ISDA Announces Results of "Final Parameters" Consultation for LIBOR Transition - A two business-day "lag" period and five-year...

The International Swaps and Derivatives Association, Inc. ("ISDA") has announced the results of its "Final Parameters" Consultation (the "Consultation") on a number of important mechanical details and specifications for...more

U.S. Imposes Sanctions on Turkish Officials, Ministries in Response to Syrian Offensive

The Situation: In response to events in Syria and in the face of strong Congressional pressure to act, President Trump introduced sanctions targeting Turkey. The Result: Although the President indicated that a ceasefire...more

ISDA Pre-Cessation Trigger Consultation on LIBOR Renders Inconclusive Verdict

The Situation: The International Swaps and Derivatives Association ("ISDA") is in the midst of consulting the market on a wide variety of issues to develop "triggers" and "fallbacks" related to LIBOR cessation. Thus far,...more

SEC Qualifies First Issuance of Digital Token Under Regulation A+

The Situation: As the U.S. Securities and Exchange Commission ("SEC") continues to bring enforcement actions to stop unregistered sales of digital tokens, blockchain companies are exploring ways to sell tokens to the public...more

Setting Up Crypto Funds in the European Union

While the crypto market is still in its early stages, the number of asset managers offering funds investing in cryptocurrencies and companies using blockchain or distributed ledger technology ("DLT") is constantly growing....more

CFTC Scrutiny of Opportunistic CDS Strategies Extends Beyond Manufactured Credit Events

The Situation: Following its recent joint statement on opportunistic strategies in the credit derivatives market with the U.S Securities and Exchange Commission ("SEC"), the United Kingdom's Financial Conduct Authority...more

OFAC Dramatically Expands Reporting Obligations

Ambiguous, undefined terms create uncertainty and confusion, including whether owned or controlled subsidiaries of U.S. companies outside the United States are subject to this reporting requirement. On June 21, the...more

ISDA Forges Ahead With Market Consultations on Critical IBOR Transition Issues

Two new consultations seek market input on USD and other currencies and on inclusion of "non-representativeness" trigger - The International Swaps and Derivatives Association, Inc. ("ISDA") launched two additional IBOR...more

CFTC Clears Decks for "No Deal" Brexit

The Commodity Futures Trading Commission ("CFTC") extends no-action and exemptive relief from the European Union to the United Kingdom. On April 5, 2019, the CFTC's Divisions of Clearing and Risk, Market Oversight and Swap...more

Jones Day Presents: Advantages of Blockchain in Trade Finance [Video]

Harriet Territt talks about the advantages of using blockchain in sectors and transactions where security, transparency, and traceability are important. She explains why blockchain is particularly valuable in trade finance,...more

Jones Day Presents: What is Smart Code and How Does it Relate to Smart Contracts? [Video]

Partner Harriet Territt explains that simply adding smart code to a blockchain rarely creates a valid smart contract, which requires that the structure surrounding the smart code include the elements of offer, acceptance,...more

ESMA Examines EU Regulatory Framework for Crypto Assets and ICOs

The Situation: On January 9, 2019, the European Securities and Markets Authority ("ESMA") issued advice to the EU Commission, Council, and Parliament on initial coin offerings ("ICOs") and crypto assets. The Result: ESMA...more

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