In its first significant decision on the right to be forgotten, the Irish High Court has recently adopted a practical approach which gives an indication as to how the law in this growing area might develop in Ireland, particularly in the context of the GDPR and the Irish Data Protection Act 2018. Read the full... Read More or Download PDF
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Authors: Cormac Kissane, Glenn Butt, Maedhbh Clancy and Aisling Kelly.
Thomson Reuters has published its Practical Law Global Guide 2018: Capital Markets. The Irish chapter (Debt Capital Markets in Ireland: regulatory overview) was authored by Cormac Kissane (Partner, Debt Capital Markets), Glenn Butt (Partner, Debt Capital Markets), Maedhbh Clancy (Of Counsel, Finance) and Aisling Kelly (Associate, Finance).
This article was first published in the Capital Markets Global Guide: Debt and is reproduced with the permission of the publisher, Thomson Reuters
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When can a manager be prosecuted for offences committed by a body corporate? A recent decision of the Court of Appeal, DPP v TN, found that a manager can be prosecuted for company offences where he/she has functional responsibility for a significant part of the company’s activities and has direct responsibility for the area in... Read More or Download PDF
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Authors: Cormac Kissane, Glenn Butt, Eileen Johnston
Cormac Kissane (Partner, Head of Finance), Glenn Butt (Partner, Debt Capital Markets) and Eileen Johnston (Associate, Debt Capital Markets) have contributed the Irish chapter to Getting the Deal Through: High Yield Debt 2018. Topics covered include: market activity and trends; differences between high-yield debt securities and bank loans; participants in high-yield debt financing; structuring; registration requirements; disclosure requirements; guarantees and securities; typical collateral packages; debt seniority and intercreditor arrangements; and tax considerations.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – High Yield Debt 2018 (Published: June 2018). For further information please visit www.gettingthedealthrough.com.
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Key hires were made by the ODCE in 2017 with a view to enhancing its investigative capabilities, according to its 2017 annual report. Severe criticism of its investigation into Anglo Irish Bank and Seán Fitzpatrick forced the Office of the Director of Corporate Enforcement (ODCE) to review its investigative practices and procedures. Lessons have been learned.
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Authors: Louise O’Byrne, Sarah Faulkner
Louise O’Byrne (Partner, Employment) and Sarah Faulker (Associate, Employment) have contributed the Irish chapter to Getting the Deal Through: Labour and Employment 2018. Topics covered include: legislation and agencies, worker representation, background information on applicants, terms of employment, foreign workers, liability of acts of employees, taxation of employees, employee-created IP, termination of employment and dispute resolution.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – High Yield Debt 2018 (Published: June 2018). For further information please visit www.gettingthedealthrough.com.
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The Central Bank has announced the publication of an Addendum to the Consumer Protection Code setting out new requirements for regulated entities that are designed to make mortgage switching easier for personal consumers.
The changes will apply to regulated entities from 1 January 2019, and follow the Central Bank’s August 2017 Consultation on Mortgage Switching. Our briefing on that consultation is here.
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Key takeaways from our Property & Litigation seminar on ground rent applications, negotiating BCAR clauses, the vacant site levy, statutory tenancies and dilapidation disputes.
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Can a party who successfully sues another party, having rejected a settlement offer, be liable for some of the other party’s costs? Potentially yes.
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This is the June edition of the Arthur Cox Environment & Planning Update, the monthly bulletin of the Arthur Cox Environment & Planning Group focused on recent developments in the industry sectors that we believe may be of particular interest to you, including all key domestic and European news.
We hope you find this Update useful. If you would like to discuss any particular topic covered, please feel free to contact a member of our group.
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Just days after its Fund Management Company Guidance (Guidance) took full effect on 1 July 2018, the Central Bank has already signalled its intention to ensure that its provisions are fully implemented and complied with.
The post Central Bank Signals Its Intent to Assess CP86 Compliance appeared first on Arthur Cox.
Authors: Andrew Lenny, Richard Willis, Jillian Conefrey and Emma Dunne
Andrew Lenny (Partner, Head of Litigation), Richard Willis (Partner, Litigation), Jillian Conefrey (Associate, Litigation) and Emma Dunne (Associate, Litigation) have contributed the Irish chapter to the Legal 500: Litigation Comparative Guide 2018. It covers methods of resolving disputes, details of the process and the proceedings, the court and their jurisdiction, costs and appeals and opinions on future developments.
Reproduced with permission from The Legal 500 & The In-House Lawyer. This article was first published in The In-House Lawyer (Published: July 2018). For further information please visit www.inhouselawyer.co.uk.
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The risk that confidential or commercially sensitive information might have to be disclosed to a competitor in litigation can be a real concern for commercial parties.
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Court of Appeal states that, in cases where the documentation sought is likely to be extensive, judges should refuse to grant an order for discovery unless all other avenues have been exhausted and these have been shown to be inadequate.
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Peru may not have had much success at the World Cup, but their captain Paolo Guerrero achieved a considerable legal victory in even making it to Russia this summer.
The post How Sport’s Supreme Court Almost Ruled Guerrero Out of the World Cup appeared first on Arthur Cox.
On 5 July 2018 the Central Bank updated its UCITS Q&A (ID 1002) to clarify its requirements relating to investment by a UCITS in a non-UCITS investment fund.
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Organisations should take steps now to ensure their valuable know-how and business information can be classed as a ‘trade secret’ to obtain the protection offered by new Irish Regulations.
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In the last edition of Data Protection Ireland (Volume 11 Issue 1), the expert comment provided an immediate reaction to the terms of the Data Protection Bill 2018 as initiated in the Seanad on 31st January 2018. After a hurried passage through the Oireachtas, the Data Protection Act 2018 was signed into law by President Higgins on 24 May. In doing so, with literally no time to spare, under a minority government and in contrast to several other Member States, Ireland managed to ensure that its domestic legislation was in place in time for GDPR commencement on 25th May.
The Act contains a number of material changes to the original Bill.
This article was first published by PDP Journals and should not be re-published on any other website or publication.
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Hugh McCarthy, Associate, Technology and Innovation, has contributed to a three-part series on the GDPR for Data Protection Ireland.
The General Data Protection Regulation (‘GDPR’) states that the processing of personal data should be designed to serve mankind. It follows then, that data protection is not an absolute right but rather — as the GDPR also states — one that “must be considered in relation to its function in society and be balanced against other fundamental rights”. This exercise is to be undertaken “in accordance with the principle of proportionality”, which necessitates a balancing of the competing rights.
This article was first published by PDP Journals and should not be re-published on any other website or publication.
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The purpose of the Immigrant Investor Programme (“IIP”) is to enable non-EEA nationals and their families who commit to an approved investment in Ireland to
acquire permanent residency in Ireland.
Read the full briefing here
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