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A&O Shearman

International Organization of Securities Commissions Publishes Consultation Report on Pre-Hedging

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The International Organization of Securities Commissions has published a consultation report on pre-hedging. The report assesses potential conduct and market integrity issues associated with the practice of pre-hedging. IOSCO...more

A&O Shearman

Bank of England and UK Financial Conduct Authority Findings on Third Survey of Artificial Intelligence and Machine Learning in UK...

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The Bank of England published the findings of its third joint survey with the U.K. Financial Conduct Authority on the use of Artificial Intelligence and machine learning in financial services. The survey aims to build on...more

A&O Shearman

Blood, BITs, and Arbitration: English High Court pours cold water on Czech Republic’s outstanding ss.67 and 68 challenges to...

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The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more

McDermott Will & Emery

Navigating EU Sanctions: How Investment Funds and Corporates Can Meet the 'Best Efforts' Standard

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With the introduction of the 14th sanctions package, entities established in the European Union are required to ‘undertake their best efforts to ensure’ that non-EU subsidiaries they own or control do not undermine EU...more

A&O Shearman

The FCA's non-financial misconduct survey: decoding the findings

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In February 2024, the FCA sent a survey to 1,028 wholesale firms (insurers, market intermediaries, banks and brokers) asking about recorded incidents of non-financial misconduct between 2021 and 2023. With a 96% response...more

A&O Shearman

Contractual conundrum: variation or replacement?

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Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more

Holland & Knight LLP

Comment Period Extended for Proposed and Interim Space-Related Export Control Rules

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The U.S. Department of State's Directorate of Defense Trade Controls (DDTC) and U.S. Department of Commerce's Bureau of Industry and Security (BIS) on Oct. 23, 2024, published a set of three rules concerning space-related...more

A&O Shearman

The UAE clamps down on money laundering with amendments to AML laws and its national strategy

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The UAE announced a new ‘National Strategy for Anti-Money Laundering, Countering the Financing of Terrorism and Proliferation Financing for 2024 – 2027’ (the National Strategy) in September 2024. This will affect not only UAE...more

A&O Shearman

Outcome of Basel Committee on Banking Supervision November 2024 Meeting

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The Basel Committee on Banking Supervision has set out the outcomes from its meeting on November 19-20, 2024. Key takeaways include: - implementation of Basel III—committee members unanimously reaffirmed their expectation...more

A&O Shearman

European Commission publishes first draft of GPAI Code of Practice

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On November 14, 2024, the European Commission published the first draft of the General-Purpose AI Code of Practice (the Draft Code). The Draft Code is designed to help providers of general-purpose AI models (GPAI) and...more

Skadden, Arps, Slate, Meagher & Flom LLP

President-Elect Trump Announces Intent To Impose Tariffs on Goods Imported From Canada, Mexico and China

On November 25, 2024, President-elect Donald Trump announced that, on his first day in office, he would impose new tariffs on all imports from Canada, Mexico and China. Specifically, in posts on the social media platform...more

A&O Shearman

International Organization of Securities Commissions Publishes Roadmap to Enhance Retail Investor Online Safety

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The International Organization of Securities Commissions has launched a new roadmap for retail investor online safety. The strategic initiative aims to safeguard retail investors worldwide from fraud, excessive risk, and...more

White & Case LLP

EU Adopts Forced Labour Ban: 8 Things to Know

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On 19 November 2024, a new EU regulation prohibiting products made with forced labour from being sold on the Union market (the "Forced Labour Regulation") was formally adopted by the Council of the European Union. This was...more

A&O Shearman

Hong Kong SFC issues circular on the use of generative AI language models

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The Hong Kong Securities and Futures Commission (SFC) has issued a circular that sets forth comprehensive guidelines and expectations for licensed corporations (LCs) regarding the responsible use of generative artificial...more

A&O Shearman

Pensions: what's new this week December 2, 2024

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Welcome to your weekly update from the A&O Shearman pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. DB Funding code: Fast Track submission tests and conditions...more

White & Case LLP

The EU Commission releases its Fourth Annual FDI report showing continuity and heightened FDI regulation in the EU27

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On 17 October, the European Commission (EC) issued its Fourth Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation (the Regulation) along with an EC Staff Working Document (SWD). The...more

A&O Shearman

Regulatory monitoring: EU version Newsletter - November 2024

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1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) International - FSB: 2024 list of global systemically important banks - Status: Final - The FSB has published a 2024 list of global systemically...more

White & Case LLP

Australia enacts mandatory merger control law

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Australia’s mandatory suspensory merger control regime will come into force on 1 January 2026 following the passing of legislation by both houses of Parliament, representing a major shift for businesses, their advisors and...more

A&O Shearman

Regulatory monitoring - November 2024

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1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) Germany - BReg: Government draft on the Second Future Financing Act (Regierungsentwurf zum zweiten Zukunftsfinanzierungsgesetz) Status: Draft - The...more

A&O Shearman

English court determines the “meaning” of personal data

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In a previous blog post we considered an unsuccessful application to strike out a claim for alleged breaches of the UK GDPR, on the grounds that the claim was – in substance – a defamation claim. That application was...more

International Lawyers Network

Buying and Selling Real Estate in Colombia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COLOMBIAN LAW- 1. Standard Forms of Agreements to buy and sell Real Estate: Despite the existence of several types of agreements to implement real estate transactions in...more

A&O Shearman

UK FCA proposals to publicise enforcement investigations: Unanswered questions remain

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Last week, the UK Financial Conduct Authority (FCA) unveiled a 'Part 2' consultation paper detailing a revised version of its controversial proposals to publicly name firms under enforcement investigation. This development...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

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The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more

Akin Gump Strauss Hauer & Feld LLP

Guidelines on the Export of Cyber-surveillance Items Under Article 5 of Regulation 2021-821

In 2021, the European Union (EU) updated the EU Dual-Use Regulation, setting unified standards for EU member states to control exports of dual-use items. A key addition in Regulation (EU) 2021/821 is Article 5’s “catch-all...more

A&O Shearman

HM Treasury Publishes Prudential Regulation of Credit Institutions (Meaning of CRR Rules and Recognised Exchange) (Amendment)...

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HM Treasury has published the Prudential Regulation of Credit Institutions (Meaning of CRR Rules and Recognised Exchange) (Amendment) Regulations 2024, together with an explanatory memorandum....more

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