The war for talent in the financial services sector continues. Traditionally, firms have faced some obstacles in protecting their key staff, but two separate developments may give firms cause to be more optimistic in protecting their interests.
With the huge amount of publicity and debate surrounding bribery and corruption, in-house lawyers could be forgiven for thinking that there are no other financial and reputational risks for their companies. This year has been all about the Bribery Act 2010, and the need to beef up anti-corruption programmes. Fraud seems to have faded into …
A key milestone in the implementation of the REACH (Registration, evaluation, authorisation and restriction of chemical substances) Chemicals Regulation 1907/2006 (REACH) was the first registration deadline on 1 December 2010.
In a recent decision, the Commercial Court of Vienna (Handelsgericht Wien) ordered the publication of a judgment in the form of a YouTube video. As far as can be told, this was the first time, confirming that new information channels and social networks can provide a venue for the publication of judgments.
In its June 2010 Budget the Government announced several proposals as part of a five-year plan to reform corporation tax, including a proposal to exempt foreign branch profits from corporation tax. This followed the previous government’s announcement in the 2009 Pre-Budget Report that it recognised foreign branch taxation as a ‘matter of growing importance’ and …
On 21 October 2010, the Code Committee of the Takeover Panel issued the response statement to its Public Consultation Paper (PCP 2010/2), ‘Review of Certain Aspects of the Regulation of Takeover bids’, which was published on 1 June 2010. The consultation was the culmination of a process started by the Code Committee of the Takeover …
Continue reading “Takeover Code consultation: response statement”
With in excess of 30 free zones Dubai has developed an extremely successful free zone industry, with many of Dubai’s free zones held up internationally as examples of how such trading zones should operate.
The recent decision in UK Bankruptcy Ltd [2010] has once again highlighted the different approach taken by the jurisdictions of Scotland and England. Although not separated by any physical boundaries the decision of the Inner House in UK Bankruptcy Ltd, which concerns the rights of audience of companies in Scotland, shows there are perhaps some …
As the effect of public sector budget cuts begin to bite, companies and other institutions involved in projects with public bodies will look to judicial review as a possible way of protecting those projects or salvaging something from the wreckage if funding is pulled. The recent decision in R (on the application of Grimsby Institute …
Continue reading “Legitimate expectation representations and conspicuous unfairness”
On 14 September 2010, the European Court of Justice (ECJ) ruled that, in the field of competition law, internal company communications with in-house lawyers are not covered by the confidentiality regime regarding communication between external lawyers and clients. This judgment paves the way for the European Commission, in its role as competition regulator, to gain …
Continue reading “Communication with in-house lawyers not covered by legal privilege”
Some say that the age of celebrity is dead. That the birth of the reality star has killed off what it is to be a celebrity in the true sense. Not so. Celebrity will always be around, but just like technology and fashion, the concept of what a celebrity is will develop, adjust and adapt …
Continue reading “Defusing reputation risks for celebrity CEOs”
Investors who have suffered loss through declining asset values are likely to investigate whether their contractual counterparty (such as a bank or other financial institution) owed a duty of care to advise them as to the suitability of investments, and/or made actionable misrepresentations or misstatements. Given the extent of recent investor losses, it is likely …
Continue reading “Mis-selling claims:Court of Appeal guidance”