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Shoosmiths LLP | June 2022

Insolvency practitioners are undoubtedly alive to the risks of ignoring or mis-handling crypto assets and the threats of misfeasance or unfair harm claims that could follow. In this, the first in a series of articles on the subject, the message is simple – the technical details might appear arcane but provided you take specialist advice, a crypto asset is no different from any other asset you come across – keep calm and carry on ...

Shoosmiths LLP | June 2022

In a judgment handed down on 14 June 2022 in The Federal Republic of Nigeria v JPMorgan Chase Bank, N.A [2022] EWHC 1447 (Comm) (FRN v JPMC) the court again considered the scope of the Quincecare duty and gross negligence. The decision is good news for Banks. The case related to the payment of over $1 billion by JPMorgan Chase (JPMC) to accounts held by a Nigerian company called Malabu Oil and Gas Limited (Malabu) ...

Shoosmiths LLP | June 2022

An LTAF is a UK authorised fund which offers greater flexibility in terms of assets that it can invest in than other types of UK authorised fund. It has more liquidity than more traditional fund structures such as private equity limited partnerships ...

Dinsmore & Shohl LLP | June 2022

Dinsmore partner Michael Dailey was published in Bank Director with his article "Recent Developments to Combat Redlining." Read an excerpt below. Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau, and the Office of the Comptroller of the Currency. Initial reactions to the initiative expected it to focus on the redlining seen in the Trustmark Corp ...

DFDL | June 2022

The State Bank of Vietnam (“SBV”) released a draft Circular on 11 May 2022 strengthening conditions for non-government guaranteed foreign loans (the “Draft Circular”) which aims to replace Circular No. 12/2014/TT-NHNN (the “Current Circular”). In the Draft Circular, the SBV indicates its intention to tighten control over foreign loans to address the risks on currency fluctuation and the national debt limit ...

Shoosmiths LLP | June 2022

Why a comprehensive exclusion of loss clause should cover 'wasted expenditure' - and how employers should resist. The Court of Appeal decision in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited (February 2022 Court of Appeal) contains a short but important point for those drafting exclusion clauses - especially those that seek to exclude indirect and consequential costs, loss of profits, loss of opportunity, etc ...

Shoosmiths LLP | June 2022

A summary of the key takeaways from a recent webinar on reducing scope 3 leased assets emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...

Shearn Delamore & Co. | June 2022

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for June 2022 ...

Shortly after his administration began, President Biden signed Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through The Federal Government." In April 2022, in accordance with this Executive Order, the Equal Employment Opportunity Commission ("EEOC") released its "Equity Action Plan," which contains several items that may impact employers ...

Dinsmore & Shohl LLP | June 2022

In a class action lawsuit filed Monday in the United States District Court for the Northern District of California, Binance.US (Binance), a major cryptocurrency exchange, has been accused of misleading investors surrounding the Terra blockchain ecosystem. This is the first major court filing in the United States relating to Terra, whose UST and LUNC tokens crashed in May, wiping out around $40 billion in investor funds ...

DFDL | June 2022

On the 25th of May 2022 the General Department of Taxation (“GDT”) issued Notification No. 10979 GDT on the “Required Documents to Support the Interest Charge on Related Party Loans” (“Notification 10979”). The key points to be taken from Notification 10979 are as follows: To ensure compliance with Prakas No. 986 MEF.P ...

Buchalter | June 2022

June 13, 2022 By: Melissa Richards On June 9, 2022, the California Department of Financial Protection and Innovation (CA DFPI) issued its long awaited final regulations implementing SB 1235’s (2018) new early disclosure requirements on  commercial financing offers equal to or less than $500,000. The CA DFPI regulations take effect December 9, 2022. The final regulations can be found at Title 10, Chapter 3 of the California Code of Regulations. The link to Chapter 3 is HERE ...

Shoosmiths LLP | June 2022

In September 2019 government announced a review of the system for children and young people with Special Educational Needs and Disabilities (SEND) in England. The current SEND regime introduced in 2014, is considered by many to be unfit for purpose, both in terms of accountability and consistent quality of support and adequate funding to local authorities to make the system work ...

AELEX | June 2022

WHAT IS OPEN BANKING? We had earlier delved into the concept of Open Banking and its regulatory framework in our articles accessiblehere[1]andhere[2].In summary, Open Banking is a system that grants third-party providers (TPPs) open access to consumer banking, transactions, and other financial data from banks and non-bank financial institutions(NBFIs) through the use of Application Programming Interface (API) ...

Financial Products and Services Consumer Protection Act On May 06, 2022, Republic Act (RA) No. 11765, or the Financial Products and Services Consumer Protection Act, was signed into law ...

Shoosmiths LLP | May 2022

Shoosmiths recently sponsored Cornwall Insight’s Financing Net Zero webinar on ‘Unlocking battery storage revenues’. Here we provide a summary of the key takeaways from the webinar. Battery storage is developing at pace as a critical element of global net zero ambitions. Strong wholesale volatility and record high ancillary service prices have supported revenues for storage across the past year, boosting the business case for the technology ...

Shoosmiths LLP | May 2022

Lauren Bowkett is a Principal Associate in the Financial Crime Team at Shoosmiths.  Her expertise is in white collar crime and Proceeds of Crime Act (POCA) related matters, with specific knowledge in the restraint and seizure of cryptoassets ...

DFDL | May 2022

DFDL Myanmar’s Tax Team wishes to remind you: The deadline to file your annual tax returns is on 30 June! The submission deadline applies to all annual tax returns, specifically for Corporate Income Tax (“CIT”), Commercial Tax (“CT”), and the Personal Income Tax (“PIT”) Salary Statement for the financial year that ended 31 March 2022 (“FY 2021-2022”) ...

Kudun and Partners | May 2022

Following the launch of a real estate investment trust with buy-back condition (the “REIT buy-back”), which we extensively covered in our last article, “Overview of REITs with buy-back conditions: The new mechanisms to help real estate owners survive in the midst of Covid-19”, aiming to alleviate the woes that business operators, particularly the hospitality sector, have endured during the Covid-19 era, on May 10, 2022, according to information revealed by the Director of

SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has again earned outstanding rankings in IFLR1000 Banking and Finance 2022, the guide to the world’s leading financial and corporate law firms. The firm was cited in the following categories: Banking, Tier 1Project Finance, Tier 1 IFLR1000 remains the only international legal market research brand focused on ranking law firms and lawyers on the basis of financial and corporate transactional work ...

Shoosmiths LLP | May 2022

The Professional Investor Fund (PIF) supports the Government’s goal as it targets professional investors. The UK Government and the Financial Conduct Authority have engaged with proposals regarding PIFs. In 2020 the UK government announced a review of the UK funds regime and published a call for input ...

Shoosmiths LLP | May 2022

With those operating in the living sector now facing the risk of older assets becoming stranded – obsolete to funders and residents - Liz Sweeney and Liana Di Ciacca examine the journey to retrofitting stock and embracing ESG. The use of sustainability linked loans grew rapidly in the real estate finance market during 2021 ...

AELEX | May 2022

INTRODUCTION Since its advent in 2008, cryptocurrency has been widely accepted internationally, as a viable means of investment. This is notwithstanding its volatility, as the world appears to be highly interested in the sale and purchase of digital assets. For example, bitcoin currently has about 14million in circulation.[1]Save for its volatile nature, and the period where its price drops, investors in the cryptocurrency space are often guaranteed of juicy returns ...

What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to follow agreed upon emergency preparedness plans are a recipe for disaster. While the litigation we analyze in this article stems from bridge construction in Florida, the lessons learned from this real situation are applicable all across the country ...

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